Abstract

Fed up with the decades-old violence plaguing the DRC, the UN Security Council broke new ground by granting peacekeepers an offensive mandate to pursue rebels rather than waiting to react in self-defence. This transformation in UN military operations alarmed several States, concerned over a perceived loss of sovereignty and a weakening of the principle of non-intervention. To allay these fears, Resolution 2098’s drafters incorporated a provision expressly assuring Member States that offensive peacekeeping tactics in the DRC would not generate precedent for future UN action. However, examining past UN practice and ‘slippery slope’ theory alike reveals that explicit disavowal of precedent cannot guarantee that offensive peacekeeping will not be used as a template for future UN action. In fact, the incorporation of such language may foster the generation of a slippery slope in UN peacekeeping, ultimately paving the way for increased scope of UN intervention in situations of gross human rights violations. The article concludes by proposing a framework for how actors can manipulate slopes to generate or slow precedent for future UN action.

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