International Law on Peacekeeping

Abstract

ACKNOWLEDGEMENTS ABBREVIATIONS TABLE OF CASES TABLE OF TREATIES AND OTHER DOCUMENTS International Treaties Other International Documents LIST OF UN RESOLUTIONS Security Council Resolutions General Assembly Resolutions INTRODUCTION I PEACEKEEPING IN PERSPECTIVE 1. Conflict Prevention and Peacekeeping 2. Concept of Confl ict Prevention 3. Doctrinal Paradigm of Peacekeeping 4. Legal Basis of Peacekeeping within the UN Charter II ORIGINS OF PEACEKEEPING 1. Embryonic Rise of Peacekeeping 2. Emergence of Peacekeeping under Article 11 of the Covenant of the League of Nations 3. Emergence of Forceful Peacekeeping Measures 4. Transformation from Article 11 of the Covenant into Article 40 of the Charter III PEACEKEEPING AS PROVISIONAL MEASURE 1. Types of Provisional Measures 2. Call for Cease-fire 3. Peace Observation 4. Peacekeeping Forces 5. Provisional Territorial Administration 6. Preventive Arms Embargo 7. Peacekeeping and Article 39 of the UN Charter IV Legal Force and Eff ects of Peacekeeping Measures 1. Ambiguity of 'Calls' for Provisional Measures 2. Th e Determination of Legal Force 3. Giving Eff ects to the Legal Force 4. Legal Eff ects 5. Peacekeeping and Article 25 of the UN Charter V IMPARTIALITY OF PEACEKEEPING MEASURES 1. Th e Principle of Non-Intervention 2. Internal Armed Confl icts and the Scope of Domestic Jurisdiction of States 3. Defi nition of Intervention and Neutrality/Impartiality 4. Peacekeeping and Article 2(7) of the UN Charter VI ENFORCEMENT OF PEACEKEEPING MEASURES 1. Enforceability of Peacekeeping Measures 2. Conceptual Level Analysis: Peace Enforcement 3. Strategic Level Analysis: The Right of Self-Defence 4. Tactical Level Analysis: Rules of Engagement 5. Legal Constraints on the Use of Force in Peacekeeping 6. Peacekeeping and Article 42 of the UN Charter VII REGULATORY FRAMEWORK FOR PEACEKEEPING 1. Regulation of the Peacekeeping Power 2. Jurisdictional Bases of Peacekeeping 3. Legality of Peacekeeping 4. Legitimacy of Peacekeeping 5. Peacekeeping towards the Responsibility to React and to Prevent 6. Regulatory Criteria for Peacekeeping VIII REGULATORY CONTROL OF PEACEKEEPING 1. Political Control 2. Judicial Control 3. Self-Regulation 4. Towards Better Control of Peacekeeping CONCLUSION BIBLIOGRAPHY INDEX