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Impartiality Of Peacekeeping Measures

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Chapter Summary

Peacekeeping measures adopted as provisional measures under Article 40 of the Charter are subject to the principle of non-intervention, since those measures by no means constitute enforcement measures as the stated exception to the principle. This chapter examines whether UN actions would constitute intervention in the domestic jurisdiction of a state in contravention of Article 2(7) of the UN Charter when the Security Council adopts peacekeeping measures to prevent the aggravation of an internal armed conflict. Peacekeeping measures would face the issue of intervention in domestic jurisdiction of states when they are undertaken in respect of armed conflicts within a state. Impartiality is an active requirement for a fair and just treatment of the parties to a conflict as an independent choice, whereas neutrality is a passive requirement for abstention from the conflict within restrictions imposed by belligerents.

Keywords: armed conflict; domestic jurisdiction; impartiality; non-intervention; peacekeeping measures; security council; UN Charter



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