Part II Collective Security and the Non-Use of Force, Ch.17 Mandated to Protect: Security Council Practice on the Protection of Civilians
Haidi Willmot, Ralph Mamiya
Edited By: Marc Weller
- UN Charter — Gross violations — Right to life — Freedom from torture and cruel, inhuman, or degrading treatment — War crimes — Terrorism — Terrorism, financing — International peace and security
This chapter focuses on the conception and evolution of the UN Security Council mandate to protect civilians during peacekeeping operations from 1960 to the present. The chapter examines the normative and legal framework of the use of force to protect civilians in UN peacekeeping operations, with reference to Security Council resolutions and other bodies of international law such as humanitarian and human rights law. It considers Security Council practice between 1960 and 1999 and its emphasis on the concept of self-defence; Security Council practice from 1999 to 2007 regarding the inception and development of the explicit ‘protection of civilians’ mandate by the Council; Security Council practice from 2007 to 2011; and prioritization of the mandate in certain peacekeeping missions, specifically UNAMID (Sudan (Darfur)), MONUC (Democratic Republic of the Congo), UNOCI (Côte d’Ivoire), and UNMISS (South Sudan). Finally, the chapter describes Security Council practice from 2011 onwards and draws conclusions on impact that the protection of civilians mandate in peacekeeping operations has had on the evolution of the legitimate use of force under the UN Charter.