The mandates of contemporary United Nations Peacekeeping missions are increasingly robust, often authorizing a range of activities far beyond those historically envisioned as within the remit of UN peacekeepers. For instance, the mandate for the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) includes the authorization to “carry out targeted offensive operations through the Intervention Brigade [...] [to] prevent the expansion of all armed groups, neutralize these groups, and disarm them.” This expansion has resulted in a number of legal and operational challenges, including the core question of the application of international humanitarian law to UN peacekeeping contingents. The involvement of UN peacekeepers in hostilities raises a host of issues, including:

• What legal framework involves the use of force on the part of the peacekeepers?
• What protection, if any, are the peacekeepers afforded under international law?
• What is the threshold for the application of international humanitarian law?
• What is the temporal and geographic scope of the application of international humanitarian law?

This session addressed the fundamental issue of under what circumstances international humanitarian law regulates UN peacekeepers, including a discussion when and for how long international humanitarian law applies in a specific context.

Recommended reading

For those who wish to prepare for the session, we recommend the following reading:

• Katarina Grenfell, “Perspective on the applicability and application of international humanitarian law: the UN context,” International Review of the Red Cross, no. 891/892 (2013).
• Mona Khalil, “Humanitarian law & policy in 2014: Peacekeeping missions as parties to conflicts,” PHAP Thematic Note (2014).
• Ferraro, Tristan, "The applicability and application of international humanitarian law to multinational forces," International Review of the Red Cross, no. 891/892 (2013).
• United Nations, Secretary-General's Bulletin, ST/SGB/1999/13, Observance by United Nations Force of International Humanitarian Law (6 August 1999).

Assessment

PHAP members will have the possibility to undergo a two-part assessment after the session as part of the PHAP Continuous Learning Credits framework.

Part 1: Comprehension check

Part 2: Written reflection

To encourage peer learning among members, selected essay responses will also be published on the website, if approved by the writer. As a member, you can comment on the responses and read other members' comments.

Read the written reflections

Learning objectives

• Familiarity with the legal bases for the application of international humanitarian law to peacekeeping operations.
• Understanding of when a peacekeeping contingent becomes a “party to the conflict,” including in the context of Force Intervention Brigades.
• Appreciation of the various factors to consider when determining whether international humanitarian law applies, particularly in the context of a non-international armed conflict.
• Awareness of the various challenges raised by circumstances triggering the application of international humanitarian law (i.e. temporary loss of legal protection under, inter alia, the Rome Statute).

Prerequisite knowledge

Recommended sessions:

1. Introduction to IHL and its relevance for humanitarian actors

Click here for the full list of previous sessions in this series