UNITED NATIONS MILITARY OPERATIONS AND INTERNATIONAL HUMANITARIAN LAW: WHAT RULES APPLY TO PEACEKEEPERS?

Human rights and humanitarian law have different historical and doctrinal origins. The status of a United Nations or similar force depends on the underlying authority upon which the force is present in the receiving state, and on the nature and mission of the force. Under existing law, a United Nations peacekeeping operation is considered a subsidiary organ of the United Nations, established pursuant to a resolution of the Security Council or General Assembly. The maintenance of international peace and security is one of the primary purposes of the United Nations. The Bulletin commits the United Nations to ensure that members of military personnel are fully acquainted with the rules of humanitarian law. The essence of the International Committee of the Red Cross (ICRC) position is that humanitarian law principles, recognised as part of customary international law, are binding upon all states and upon all armed forces present in situations of conflict.