The Application of Jus Cogens Norms in UN Peacekeeping Missions: A Possible Source of Conflict with the UN Charter?

Abstract

Summary: Peacekeeping missions represent an important and significant part in the United Nations (UN) security system. Although this peacekeeping missions (PKM) aim to protect human rights, maintain security and peace, within this operations regularly human rights violations and other misconduct by peacekeepers is reported. In the Nuhanovic case (2011) the Dutch Court of Appeals, as the first national court, used the effective control test which confirmed the principle that troop- contributing states can be liable for internationally wrongful acts of their troops who are embedded in the UN peacekeepers. This case represents a key shift in the theory and practice when dealing with state liability for human rights violations attributable to states operating under an international organisation. This article has created a more creative approach, to the complex matter of liability in UN PKM, even going further then the Dutch courts did, showing that jus cogens norms, have priority over all other international law and that troop contributing states can always rely on this concept when engaging their troops through UN PKM.