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Peace Support Forces—Assisting The Civilian Authorities In Criminal Prosecutions

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Chapter Summary

This chapter considers when and how PSF can assist in criminal prosecutions conducted by national and international judicial and law enforcement institutions in the context of peace support operations (PSO). It outlines the duties of PSF and TCNs provided by the law of armed conflict and treaties entered into by the sending state. The chapter further deals with the two phases characterizing any mission: firstly, when PSF enter an area to resolve a conflict or an immediately post-conflict scenario and, secondly, when PSF operate in an area with functioning national institutions in order to provide security and assistance. It also addresses the different legal traditions and laws that legal advisers must take into account when implementing any of the observations regarding operations during the second phase. Practical aspects of coordination in areas where PSF operational tasks and activity can directly impact the work of criminal justice authorities are also discussed.

Keywords: civilian authorities; criminal justice; criminal prosecutions; law enforcement institutions; law of armed conflict; peace support operations (PSO)



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