The legal obligation of the Security Council’s mandate on the protection of civilians in peacekeeping operations

Abstract

The Security Council mandates UN peacekeepers to use “all necessary means” to protect civilians under Chapter VII of the UN Charter. This thesis maintains that the mandate to protect civilians creates a legally binding obligation that binds the UN, TCCs/PCCs and host States.

The content of the obligation contains existing legal obligations owed to civilians in armed conflict. Particularly, the mandate invokes existing obligations in IHL and IHRL. The mandate to protect from physical violence, obliges peacekeepers to protect civilians within the vicinity of UN bases, their person, and areas of patrol. Peacekeepers are further obliged under IHL when becoming parties to a conflict.

Regarding human rights, UN peacekeepers are obliged to ‘monitor and report’ human right violations. Peacekeepers will be obliged to protect and fulfil human rights if they exert effective control over individuals. Therefore, detentions, UN-run IDP camps, and areas of patrol, may oblige peacekeepers to respect, protect and fulfil those individuals’ rights.

There remain areas of clarification, such as, defining the ‘areas of deployment’ and consent of the host State; the priority of protection; and detention.

A breach in the obligation can give rise to a legal remedy the TCC/PCC when they are exerting control.