The International Humanitarian Law Principle of Distinction and UN Peace Support Operationsâ Deployment Objectives â Conflicting Approaches and Undesirable Outcomes?

Charuka Ekanayake

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6 The International Humanitarian Law Principle of Distinction and UN Peace Support Operationsâ Deployment Objectives â Conflicting Approaches and Undesirable Outcomes?

In: Hague Yearbook of International Law / Annuaire de La Haye de droit international, Vol. 33 (2020)

Author:

Charuka Ekanayake

Charuka Ekanayake
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Type:: Chapter

Pages:: 191â223

DOI:: https://doi.org/10.1163/9789004518216_007

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Abstract

The contexts into which United Nations Missions are deployed today are characterized by extensive levels of violence. The objectives pursued by these Missions through use of force have also widened, with extreme elements such as MONUSCOâs Force Intervention Brigade even authorized to conduct offensive operations against identified armed groups. But these expansions do not justify a distancing from (or dilution of) the unique ethos to which UN troops belong. It is in this backdrop that this piece posits its principal research question: whether the International Humanitarian Law provisions relevant to the operationalization of the principle of Distinction can ensure the realization of United Nationsâ use of force Objectives. To answer this question, the Article first delves into the ad bellum and in bello moral calculations relevant to the UN and analyzes their salient characteristics. This exercise identifies crucial connections that exist between the two calculations and thus distills the specific courses of action UN troops are required to pursue (and desist from pursuing) on the battlefield. The moral signposts so deduced are thereafter compared against the content of the IHL rules that operationalize the principle of Distinction. This analysis ultimately ascertains whether the legal rules under reference can secure or accommodate the outcomes pursued by UN uses of force; outcomes that are in turn dictated by the Organizationâs deployment objectives.

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Hague Yearbook of International Law / Annuaire de La Haye de droit international, Vol. 33 (2020)

Series:Â Hague Yearbook of International Law / Annuaire de La Haye de droit international, Volume: 33

E-Book ISBN:: 9789004518216

Publisher:: Brill | Nijhoff

Print Publication Date:: 19 Sep 2022

Subjects
- International Law
  - Public International Law

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6 The International Humanitarian Law Principle of Distinction and UN Peace Support Operationsâ Deployment Objectives â Conflicting Approaches and Undesirable Outcomes?

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Hague Yearbook of International Law / Annuaire de La Haye de droit international, Vol. 33 (2020)

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6 The International Humanitarian Law Principle of Distinction and UN Peace Support Operationsâ Deployment Objectives â Conflicting Approaches and Undesirable Outcomes?