Restoring and Maintaining Order in Complex Peace Operations: The Search for a Legal FrameworkMartinus Nijhoff Publishers, 1999 M12 9 - 311 pages This volume contains a detailed study of the applicable international law relevant to peace operations in the context of collapsed states, in the establishment of safe havens or in a general enforcement role. It discusses the interaction and the often complex legal relationships between non-government humanitarian actors, relevant UN agencies, the warring parties and international peace forces under international law and practice. In particular, the book deals with issues concerning the implications of contemporary peace operations for military forces in terms of force structure, operating procedures and training. The book focuses on the often overlooked but critical issues of the interim administration of law and order in complex operations and on the reconstruction of a local capability in this regard. Many contemporary operational challenges are analysed, including the Balkans and the Middle East. In particular, the book includes a detailed case study of Somalia based on the author's personal knowledge, experience and access to information on the ground in his capacity as military legal adviser to the Australian Defence Force Contingent in Somalia. |
Contents
The USled UNITAF Intervention Into the Breach | 3 |
The Australian Experience in Somalia | 33 |
UNOSOM II The Mission Derailed | 65 |
33 | 72 |
The Legal Framework Alternatives for Dealing | 91 |
The Historical Development of the Laws of Occupation | 111 |
The Current State of the Laws of Occupation | 145 |
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Common terms and phrases
47 UN SCOR administration Agreement Aideed apply armed conflict Army Article Australian authorised authority Baidoa belligerent occupation Bosnia and Herzegovina Cambodia Chapter circumstances civic action Civil Affairs civilian Code command contingent courts crimes criminal December Defence deployed detainees detention enforcement ensure entered into force established Fourth Convention Fourth Geneva Convention framework Ganzglass German Gutaale Hague Regulations human rights Humanitarian Intervention Ibid ICRC international humanitarian law International Law Israeli issue January justice reconstruction law and order laws of occupation Lieber Code mandate mission Mogadishu non-belligerent occupation obligations Occupied Territories occupying power opened for signature Operation Restore Hope operations in Somalia organised pacific occupation parties peace operations Peacekeeping personnel Pictet police political population principles Protocol regime regional relation Report responsibility Rwanda SC Res Security Council situation Somalia SRSG tion treaty troops UNITAF United Nations UNOSOM UNOSOM II UNSCR UNTAC