UN peace operations, international humanitarian law and international human rights law

Abstract

This chapter examines the relationship between UN peace operations, IHL and IHRL. It notes that it is generally accepted that the UN is bound by human rights, although there is no consensus on the legal rationale underpinning this conclusion. The same is true for the application of IHL to peace operations. The chapter discusses when IHL becomes applicable to a UN peace operation, and the status of members of an operation when that happens. It then analyses the situation in which both IHL and IHRL apply to a peace operation. It argues that if a norm of IHL and IHRL both apply and cannot be applied in a complementary manner, the principle of lex specialis may help resolve the norm conflict. The chapter continues by discussing certain aspects of the interplay between IHL and IHRL that are specific to peace operations. It concludes that the interplay continues to raise many questions. For this reason, it is important for the UN to make clear its institutional position on this issue.