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The applicability of the law of occupation to UN Peace Support Operations and UN Post-Conflict Administration

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Chapter Summary

This chapter focuses on the applicability of the law of occupation to the UN-commanded peacekeeping operations. It examines the question whether the UN can become a party to international humanitarian law (IHL) treaties. The chapter then briefly explores potential advantages of applying the normative framework of the law of occupation to post-conflict international administration. The UN-commanded operations that involve the deployment of military forces can be divided into two types: peace-making operations and peacekeeping operations. The chapter discusses the distinction between enforcement and non-enforcement action turn on the consent of the territorial state. The UN has recognised the application of international human rights law to its post-conflict administration. Yet, it has yet to recognise the application of IHL, in particular, the law of occupation.

Keywords: enforcement action; international humanitarian law (IHL) treaties; law of occupation; non-enforcement action; UN peace support operations; UN post-conflict administration



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