Ray Murphy

An Assessment of UN Efforts to Address Sexual Misconduct by Peacekeeping Personnel

In dealing with the sexual exploitation of women and girls by UN and other personnel operating in post-conflict situations there is a limited amount the UN can do without the cooperation of troop contributing states. Anyone employed by, or affiliated with the UN must be held accountable and, when the circumstances so warrant, prosecuted. This article is a legal analysis and discussion of these problems against the background of the report by the Secretary-Generals adviser on sexual exploitation and abuse by peacekeepers (the Zeid Report), and the UN investigation into allegations of sexual exploitation and abuse by MONUC personnel in the Congo.

CHANGING THE LANDSCAPE: ISRAEL'S GROSS VIOLATIONS OF INTERNATIONAL LAW IN THE OCCUPIED SYRIAN GOLAN

Successive Israeli governments have adopted a number of policies to control and contain the Syrian population since Israel began its occupation. Numerous villages have been destroyed, thousands driven from their homes, private and public property expropriated, the remaining Arab villages have been prevented from expanding and the free movement of people curtailed. In 1981, Israel enacted legislation that purported to annex the territory. This move was widely condemned by the international community and from the perspective of international law, the Syrian Golan remains an occupied territory to which the laws of occupation apply. The northern hemisphere summer of 2008 marked the 41st anniversary of Israels occupation. This report outlines the background to the occupation and the consequences for the local population. It then examines the action of the Israeli authorities and argues that certain practices by the Israeli Defence Forces constitute war crimes, which in some cases may also amount to grave breaches of the Fourth Geneva Convention governing the protection of civilians.

UN Peacekeeping in Lebanon and the use of force

A traditional peacekeeping force should not rely on the use of force to achieve its mission. However, when a party to a conflict fails to give the required level of cooperation, a decision must be made regarding what degree of force, if any, may be resorted to in the circumstances. At an early stage in the UNIFIL mission, it was decided that operational effectiveness would be curtailed in order to adhere to the principle of non‐use of force. This led to criticism, not all of which was without foundation. There were occasions when UNIFIL threatened and used force as a last resort in self‐defence. There are other occasions when it failed to do so and thereby invited further harassment. The experience of UNIFIL shows how the principle of non‐use of force has been controversial and difficult to apply in practice. This was exacerbated by the ambiguities in the mandate and the lack of support from the Security Council. During the ONUC mission, the ground rules for the use of force changed as the mission progres...

Perspectives on Peace Operations and Human Rights

As the number of actors engaged in peace operations and human rights related activities has grown, there has been a corresponding increase in interest among academics in the field of human rights, peace and security. The purpose of this special edition of International Peacekeeping has been to bring the two sides together by inviting practitioners with field experience and representatives from international organizations responsible for human rights and peacekeeping issues to share their insights and concerns with scholars and researchers working in similar fields. For the UN-espoused mantra ‘from standard-setting to implementation’ to come into effect it is vital to promote a continuous dialogue between practitioners, international civil servants and academics that can facilitate a mutually reinforcing synergy between the practice and theory of human rights. Since 1985 there has been a significant increase in the number of peace operations established, with a corresponding increase in the complexity of the mandates. The traditionally passive role of peacekeepers has been replaced by a more active role of peacemaking, involving, inter alia, national reconstruction, facilitating transition to democracy and providing humanitarian assistance. As the dynamic of conflict in the world changed, so too did the response of the UN and other international organizations and states. Contemporary peace operations are multi-dimensional in nature; according to the Pearson Peacekeeping Centre in Canada, they are:

Europe’s return to UN peacekeeping? Opportunities, challenges and ways ahead – Ireland

ABSTRACT This paper argues that Ireland has been a consistent contributor to peacekeeping since 1958 and examines how the nature of Irish participation has evolved. The maintenance of an effective UN forms a key objective of Irish foreign policy within which peacekeeping and a policy of military neutrality have come to play a central role. In 1993, Ireland revised the legal basis for participation. This brought about a fundamental change in policy, after which participation in peacekeeping not specifically of a police nature was permitted. Ireland displays evidence of both self-interest and altruism in relation to peacekeeping. Unlike many other European countries, it did not ‘withdraw’ from engagement during the 1990s. Despite greater clarity around decision-making processes in recent years, it is still difficult to discern a clear Irish policy strategy. Challenges identified for the future include the changing nature of UN peacekeeping, budget limitations and downsizing of the Defence Forces, legal obstacles to participation in non-UN approved missions, risk assessment, national caveats and a lack of clear doctrine.