International Peacekeeping and United Nations Law

I. General introduction. Basic issues and concepts 01.03.2015

General information about the course

• 42 hours class: Monday, Tuesday, Wednesday h. 9,00-10,30 March-April 2015 (starting Mon. 1 March, ending Wed. 22 April; NO CLASS from 2 April to 10 April)

• Exams (regular sessions): 6 May, 17 June, 8 July, 29 July. A supplementary extraordinary session will be fixed during the course for students attending the class. Exams are oral.

• Recommended textbook: Alex J. BELLAMY, Paul D. WILLIAMS, Understanding Peacekeeping, 2nd Edition, Polity Press, Cambridge 2010; further readings and materials will be provided in class of through the e-learning platform

• Method: Seminarial, Discussion prompts, required or recommended readings and materials for discussion be circulated to students attending the class; students will also be required to prepare selected cases and to present them in the class

What peacekeeping is and which actors are involved?

• Many terms used to define the concept: ‘peacekeeping’, ‘peacemaking’, ‘peacebuilding’ + ‘forces’ or ‘operations’• Military element is involved (forces, operations) but what are the

functions or the tasks of such operations?

Functions of UN Peacekeeping operations

From UN Department of Peacekeeping Operations (DPKO), «United Nations Peacekeeping Operations – Principles and Guidelines», 2010:• Conflict Prevention: use of structural and diplomatic measures to prevent disputes

from developing into violent conflict;• Peacemaking: use of diplomatic measures to bring hostile parties to a negotiated

agreement; • Peacekeeping: use of military, police and civilian personnel to lay the foundations of

sustainable peace; • Peace Enforcement: use of military and other measures to enforce the will of the

UN Security Council• Peace Building: use of a range of measures aimed at reducing the risk of lapsing or

relapsing into conflict

Number and types of UNPKO established from 1945 onwards

• 1. From 1945 to 1987 (“Cold War” period): 13 operations, gathering Observer Missions (diplomatic or preventive missions, ex. UNTSO, 1948), “traditional” missions (“interposition” forces, characterized by impartiality/consent/minimal use of force, ex: UNEF I 1956, UNFCYP, 1964, UNIFIL, 1978), “overlapping” mission (use of force beyond strict peace-keeping: only example ONUC)

• 2. From 1987 to 2000 (post Cold-war period): 40 missions, among which some traditional observer or preventive missions (ex. UNGOMAP, UNIIMOG) but many different “multipurpose” or multifunction” missions, charged with humanitarian assistance tasks (UNOSOM, UNPROFOR), supervisions and organization of electoral processes (UNAVEM, UNOMOZ, UNTAC), territorial administration (UNMIK, UNTAET). Most of such missions are concentrated in the first part of 1990 (26 missions out of 40), while the number is progressively fading out towards the end of the decade: this is due to the “peacekeeping crisis” ignited by disasters in Somalia (UNOSOM), former Yugoslavia (UNPROFOR) and Rwanda (UNAMIR).

• 3. From 2000 to present: relatively small number of missions (16), gathering observer missions (UNSMIS), mixed or hybrid missions (UNAMID) and “robust” peacekeeping operations (MONUSCO)

How the course will develop(main steps)

• 1. Outlining the issue: What peacekeeping is, who the main players are and how peacekeeping has developed• 2. Setting the legal landscape: the legal terms of reference for PKO. The UN

charter and the system of collective security• 3. The basic legal issue: what is the legal foundation of PKO?• 4. The development of PKO in the 1990 and beyond: some critical

experiences (UNPROFOR, UNOSOM, UNAMIR) and the reconceptualization of PK in basic documents (Agenda for Peace, Brahimi Report)• 5. Current legal development and challenges of PKO: the notion of

«robust» peacekeeping and the study of some recent experiences (MONUSCO)