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The Future of Human Rights Law in Peace Operations

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Chapter Summary

The law on peace operations includes parts of the law on collective security as well as that of international humanitarian law, and, as in the case of this chapter, human rights law. Ove's interest and knowledge of these issues are well known and have provided a source of inspiration, and information for his other colleagues at the National Defence College as well as for the numerous officers attending his lectures. This chapter focuses on a trend in peace operations where such operations are endowed with the responsibility of carrying out traditional state functions, such as the right and duty to conduct house searches, to set up checkpoints and detain individuals. The chapter argues that the Court should have declared itself to be competent and taken subsequent responsibility to provide the necessary judicial review for acts and omissions in peace operations. It also briefly recapitulates the Behrami and Saramati cases.

Keywords: Behrami case; human rights law; international humanitarian law; Ove Bring; peace operations; Saramati case



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