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Overcoming the Hurdles to Accountability in UN Peacekeeping 克服联合国维和问责障碍
Q4 Social Sciences Pub Date : 2020-12-18 DOI: 10.1163/18754112-02303001
Y. Okada, N. White
Peacekeeping is a creation of the United Nations (UN) and it plays a pivotal role in UN endeavours to maintain international peace and security. However, peacekeeping has also generated a backlash. Despite the presence of UN peacekeepers, the genocides in Rwanda and Srebrenica in the mid-1990s could not be prevented. Not only have peacekeepers failed to protect civilians, UN peacekeeping operations have also occasionally been a source of harm to the local population. Sexual exploitation and abuse by peacekeepers has seriously tainted the UN’s reputation and, so far, no initiatives have successfully eradicated it. The cholera outbreak in Haiti is a clear example of the negative consequences that peacekeeping may have for vulnerable communities in a country. Against this background, it has been said that UN peacekeeping operations should be carried out in a more accountable manner by providing redress to victims and taking effective measures to prevent harmful conduct by peacekeepers.1 Although no one would object to this general proposition, the ways in
维和是联合国的产物,在联合国维护国际和平与安全的努力中发挥着关键作用。然而,维和行动也引起了强烈反对。尽管有联合国维和人员在场,但20世纪90年代中期在卢旺达和斯雷布雷尼察发生的种族灭绝事件是无法阻止的。维和人员不仅未能保护平民,联合国维和行动偶尔也会对当地民众造成伤害。维和人员的性剥削和性虐待严重玷污了联合国的声誉,到目前为止,还没有任何举措成功根除这种声誉。海地爆发的霍乱疫情清楚地表明,维和行动可能会对一个国家的弱势社区产生负面影响。在这种背景下,有人说,联合国维和行动应该以更负责任的方式进行,为受害者提供补偿,并采取有效措施防止维和人员的有害行为
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引用次数: 0
Reconsidering Access to Justice within the Broad Range of Accountability of International Organizations 在国际组织的广泛问责范围内重新考虑诉诸司法
Q4 Social Sciences Pub Date : 2020-12-18 DOI: 10.1163/18754112-02303003
Norihito Samata
This article reconsiders the generally accepted view around UN peacekeeping, and focuses on ways to enable access to judicial remedies for victims as a solution to fill the prevailing “accountability gap.” This article shows that the concept is not necessarily synonymous with access to justice. Providing access to justice for the victims can be an essential factor in holding UN peacekeeping legally accountable. However, judicial review is not everything in terms of accountability. This article also analyzes the possibilities and limitations of quasi-judicial mechanisms, namely the Independent Accountability Mechanisms of International Financial Institutions and the Human Rights Advisory Panel of the UN Interim Mission in Kosovo, from the perspective of legal accountability. It shows that these mechanisms have contributed to holding the organizations concerned legally accountable.
本文重新考虑了人们对联合国维和行动普遍接受的看法,并着重讨论了如何使受害者能够获得司法救济,以填补普遍存在的“问责差距”。本文表明,这一概念不一定等同于诉诸司法。为受害者提供诉诸司法的机会,是使联合国维和行动承担法律责任的一个重要因素。然而,就问责制而言,司法审查并不是一切。本文还从法律问责的角度分析了准司法机制的可能性和局限性,即国际金融机构独立问责机制和联合国科索沃临时特派团人权咨询小组。报告显示,这些机制有助于使有关组织承担法律责任。
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引用次数: 1
In Search of Due Diligence Obligations in UN Peacekeeping Operations 寻求联合国维和行动中的尽职调查义务
Q4 Social Sciences Pub Date : 2020-12-18 DOI: 10.1163/18754112-02303005
N. White
It is argued in this article that due diligence, grounded on positive duties under international human rights law, is a standard against which to measure the performance of UN peacekeeping forces. Its adoption by the UN will improve accountability, but in a controlled and principled way. A requirement that the UN act diligently to prevent human rights violations would not impose over-onerous obligations. For responsibility to be incurred an organisation must have clearly failed to take measures that were within its power to take. It is argued that the UN not only should be bound by norms of due diligence but is in fact bound by positive obligations derived from customary international human rights law. The development of some due diligence-type measures by the UN to prevent sexual abuse by peacekeepers and to protect civilians within areas of peacekeeper deployment, and the adoption of an explicit due diligence policy to delineate its relationship with non-UN security actors, are positive signs. However, the article demonstrates that the UN needs to further internalise and develop its due diligence obligations if it is to limit human rights violations committed under its watch. Furthermore, it needs to create accountability mechanisms to ensure that it develops the rather limited measures taken thus far, including provision for victims to be able to hold the organisation to account for failure to protect them from human rights violations. Only by accepting its responsibility and liability to such victims will be the UN be driven to improve its due diligence when mandating, preparing, training, deploying and directing peacekeeping operations.
本文认为,基于国际人权法规定的积极义务的尽职调查是衡量联合国维和部队表现的标准。联合国通过该法案将改善问责制,但要有控制和原则。要求联合国努力防止侵犯人权的行为不会强加过于繁重的义务。要承担责任,一个组织必须明确没有采取其权力范围内的措施。有人认为,联合国不仅应该受到尽职调查准则的约束,而且事实上也受到习惯国际人权法所产生的积极义务的约束。联合国制定了一些尽职调查类型的措施,以防止维和人员的性虐待,保护维和人员部署地区内的平民,并通过了明确的尽职调查政策来界定其与非联合国安全行为者的关系,这些都是积极的迹象。然而,这篇文章表明,如果联合国要限制在其监督下犯下的侵犯人权行为,就需要进一步内化和发展其尽职调查义务。此外,它需要建立问责机制,以确保制定迄今为止采取的相当有限的措施,包括规定受害者能够追究该组织未能保护他们免受侵犯人权行为的责任。只有接受对这些受害者的责任和义务,联合国才能在授权、准备、培训、部署和指挥维和行动时加强尽职调查。
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引用次数: 1
Deprivation or Circumvention of the UN’s Immunity 剥夺或规避联合国豁免权
Q4 Social Sciences Pub Date : 2020-12-18 DOI: 10.1163/18754112-02303002
Y. Okada
The immune system is supposed to protect one’s body from harmful germs, but sometimes it may attack a healthy part of the body itself—this is called an ‘autoimmune disease’. Although the founders of the United Nations (UN) equipped it with such immunities as are necessary for the fulfilment of its purposes, it seems that its jurisdictional immunity is sometimes more detrimental to its proper functioning than protective of it, especially in the context of peacekeeping. The present study aims to discover a cure for this autoimmune disease. Immunities are, in general, under attack because they serve as insurmountable hurdles to holding those who exercise public authority accountable before domestic courts. Peacekeepers may harm the local population, but the UN’s immunity leads to the denial of justice in cases of third-party claims, which put pressure on the UN. However, neither deprivation nor circumvention of the UN’s jurisdictional immunity is a safe and holistic cure for this autoimmune disease. What we need to ensure is that the immune system functions as designed.
免疫系统本应保护身体免受有害细菌的侵害,但有时它可能会攻击身体的健康部位——这被称为“自身免疫性疾病”。尽管联合国的缔造者为其提供了实现其宗旨所必需的豁免,但其管辖豁免有时似乎对其正常运作更为不利,而不是保护其正常运作,尤其是在维和方面。本研究旨在发现一种治疗这种自身免疫性疾病的方法。豁免通常受到攻击,因为豁免是在国内法院追究行使公共权力者责任的不可逾越的障碍。维和人员可能会伤害当地居民,但联合国的豁免权会导致在第三方索赔案件中被拒绝司法,这给联合国带来了压力。然而,剥夺或规避联合国的管辖豁免都不是治疗这种自身免疫性疾病的安全和全面的方法。我们需要确保的是免疫系统按设计发挥作用。
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引用次数: 0
Contents 内容
Q4 Social Sciences Pub Date : 2020-12-18 DOI: 10.1163/18754112-02303006
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引用次数: 0
International Law in the Buffer 缓冲地带的国际法
Q4 Social Sciences Pub Date : 2020-11-20 DOI: 10.1163/18754112-20200008
R. Burke
Territorial disputes historically have been commonplace in the Transcaucasian region. Nagorno-Karabakh is a region legally recognised as a part of Azerbaijan, but has historically been disputed by Armenia and Azerbaijan. It was an autonomous region during Soviet times, but fell within the administrative boundaries of the then Soviet Republic of Azerbaijan. Nagorno-Karabakh has operated de facto independently since 1992, when it declared independence. Azerbaijanis from regions bordering Nagorno-Karabakh were displaced from their homes in the 1990s. This created what some refer to a security buffer, but which constitute occupied territory. Azerbaijan seeks the return of all territories. For Karabakh Armenians any dispute settlement that would leave Nagorno-Karabakh within Azerbaijan is untenable, given security threats. The conflict is coloured by history, past injustices, and ideologies around identity. Despite decades of mediation attempts by the osce and others, the territory remains fervently disputed. Border skirmishes have been frequent since the 1990s. However, since September 2020 serious escalations in hostilities and violence in region risk a broader regional conflict and drawing in Turkey, Russia and Iran. The paper provides a historical exposition of factors underpinning the dispute, which are critical to understanding its context and ultimate resolution. It examines the claim to self-determination by the people of Nagorno-Karabakh from the perspective of international law. It addresses the interplay between conflicting norms of territorial integrity and self-determination. The paper reflects on questions of statehood, and on the emerging concept of remedial secession in cases of egregious human rights violations and where internal self-determination is denied, and their possible relevance to the Nagorno-Karabakh dispute.
历史上,外高加索地区的领土争端司空见惯。纳戈尔诺-卡拉巴赫地区在法律上被承认为阿塞拜疆的一部分,但历史上亚美尼亚和阿塞拜疆一直存在争议。它在苏联时期是一个自治区,但在当时的阿塞拜疆苏维埃共和国的行政边界内。自1992年宣布独立以来,纳戈尔诺-卡拉巴赫实际上已经独立。上世纪90年代,与纳戈尔诺-卡拉巴赫接壤地区的阿塞拜疆人被迫离开家园。这造成了一些人所说的安全缓冲区,但它构成了被占领土。阿塞拜疆寻求归还所有领土。对于卡拉巴赫的亚美尼亚人来说,考虑到安全威胁,任何将纳戈尔诺-卡拉巴赫留在阿塞拜疆的争端解决方案都是站不住脚的。这场冲突受到历史、过去的不公正和围绕身份的意识形态的影响。尽管欧安组织和其他组织进行了数十年的调解,但该地区仍存在激烈的争议。自上世纪90年代以来,边境冲突频繁发生。然而,自2020年9月以来,该地区敌对行动和暴力的严重升级有可能引发更广泛的地区冲突,并将土耳其、俄罗斯和伊朗拉入其中。本文从历史的角度阐述了这一争端背后的因素,这对理解其背景和最终解决方案至关重要。它从国际法的角度审查了纳戈尔诺-卡拉巴赫人民的自决要求。它处理领土完整和自决的相互冲突的准则之间的相互作用。该文件反映了国家地位问题,以及在严重侵犯人权和内部自决被剥夺的情况下出现的补偿性分离概念,以及它们与纳戈尔诺-卡拉巴赫争端的可能相关性。
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引用次数: 0
‘All Necessary Means’ to Protect Civilians 保护平民的“一切必要手段”
Q4 Social Sciences Pub Date : 2020-09-25 DOI: 10.1163/18754112-20200006
H. Bourgeois
In this article, I aim to explore the interpretation and implementation of United Nations (UN) Security Council mandates authorising the protection of civilians (PoC) and, in particular, the meaning of an authorisation to use ‘all necessary means’ to protect civilians. Over the past two decades, the UN Security Council has repeatedly provided UN (mandated) peace operations with an explicit mandate to protect civilians. In doing so, it has typically authorised the use of ‘all necessary means’ to achieve the aforementioned objective. This PoC language has been subject to varying interpretations and implementations in practice and is therefore often considered ambiguous. The conclusion reached in this article is that PoC language is indeed vague, but that this is not necessarily problematic. It might even be unavoidable in light of the cascade structure in which the PoC mandate is placed and whereby the PoC mandate is interpreted and implemented at the various levels of authority, command, and control. What is problematic is that there is uncertainty and discussion about the limits to the use of force in the implementation of PoC mandates. After all, the formula to use ‘all necessary means’ cannot be regarded as a ‘blank cheque’ to use any amount of force. Therefore, I identify the upper limit to what UN (mandated) peace operations may lawfully do to protect civilians when being provided with a mandate to use ‘all necessary means’. I also detect an emerging lower limit for what UN (mandated) peace operations must lawfully do to protect civilians when being provided with such a PoC mandate.
在本文中,我旨在探讨联合国(UN)安理会授权保护平民(PoC)的授权的解释和实施,特别是使用“一切必要手段”保护平民的授权的含义。在过去二十年中,联合国安理会一再向联合国(授权)和平行动提供保护平民的明确授权。在这样做时,它通常授权使用“一切必要手段”来实现上述目标。这种PoC语言在实践中有不同的解释和实现,因此经常被认为是模棱两可的。本文得出的结论是,PoC语言确实是模糊的,但这并不一定有问题。鉴于PoC任务所处的级联结构,以及PoC任务在不同级别的权力、指挥和控制中被解释和实施,这甚至可能是不可避免的。问题在于,在执行维和行动任务时使用武力的限制存在不确定性和讨论。毕竟,使用“一切必要手段”的公式不能被视为使用任何武力的“空白支票”。因此,我确定了联合国(授权)和平行动在被授权使用“一切必要手段”时可以合法保护平民的上限。我还发现,当联合国(授权的)和平行动被提供这样的PoC授权时,必须合法地保护平民的下限正在出现。
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引用次数: 2
What Fueled the Far-Reaching Impact of the Windhoek Declaration and Namibia Plan of Action as a Milestone for Gender Mainstreaming in UN Peace Support Operations and Where Is Implementation 20 Years Later? 是什么推动了《温得和克宣言》和《纳米比亚行动计划》的深远影响,使其成为联合国和平支助行动性别主流化的里程碑?二十年后落实情况如何?
Q4 Social Sciences Pub Date : 2020-09-12 DOI: 10.1163/18754112-20200005
Nina J. Lahoud
Acknowledging that progress in gender mainstreaming was woefully deficient, the United Nations (UN) Department of Peacekeeping Operations organized a May 2000 Seminar in Windhoek on “Mainstreaming a Gender Perspective in Multidimensional Peace Support Operations”, hosted by the Namibian Government, which produced two ground-breaking outcome documents that had an enormous impact on the adoption of landmark UN Security Council resolution 1325 on “Women and peace and security” five months later. Through the lens of the author’s first-hand account, the article unpacks and scrutinizes the ways in which the Seminar’s visionary Windhoek Declaration and the more operational Namibia Plan of Action came into being and had such a critical impact on that milestone resolution, and what specific factors ignited this exceptional outcome, including the role played by the host country. Through this prism, three key factors and the infectious effect of each are described, providing insights into the evolving Seminar dynamics and the interplay of inspiring speakers, Working Group deliberations, and strategic plenary sessions. The article also highlights, however, that the promises of the Windhoek Declaration, Namibia Plan of Action, and resolution 1325 have still not been fulfilled twenty years later, even though the hopes of conflict-affected women had been re-ignited in 2015 with Security Council resolution 2242’s sweeping calls for action and a stark Global Study on the Implementation of United Nations Security Council Resolution 1325 presenting robust recommendations for action to fill the many gaps. As the 20th anniversary of resolution 1325 approaches, a rallying cry of hope is directed to all those who believe in the need for women to be fully involved as equal partners in all peace and security processes that this struggle can still be accelerated to achieve the results envisaged if top UN leadership spearheads a bold time-bound initiative to steer the course forward. But will this rallying cry be embraced?
认识到性别平等主流化方面的进展严重不足,联合国维持和平行动部于2000年5月在温得和克组织了一次研讨会,主题是“将性别平等观点纳入多层面和平支持行动的主流”,由纳米比亚政府主办。研讨会产生了两份开创性的成果文件,对五个月后联合国安理会通过具有里程碑意义的关于“妇女与和平与安全”的第1325号决议产生了巨大影响。通过作者的第一手资料,本文剖析了研讨会富有远见的《温得和克宣言》和更具操作性的《纳米比亚行动计划》是如何形成的,并对这一里程碑式的决议产生了如此重要的影响,以及引发这一特殊成果的具体因素,包括东道国所发挥的作用。通过这一视角,本文描述了三个关键因素及其相互影响,从而深入了解研讨会的动态变化以及鼓舞人心的演讲者、工作组审议和战略全体会议之间的相互作用。然而,文章还强调,《温得和克宣言》、《纳米比亚行动计划》和第1325号决议的承诺在二十年后仍未实现,尽管受冲突影响妇女的希望在2015年重新燃起,安理会第2242号决议全面呼吁采取行动,一份关于联合国安理会第1325号决议执行情况的全球研究报告提出了强有力的行动建议,以填补许多空白。随着第1325号决议通过20周年的临近,我向所有相信妇女需要作为平等伙伴充分参与所有和平与安全进程的人发出了希望的集结口号,如果联合国最高领导人带头采取一项大胆的有时间限制的倡议来引导这一进程,这一斗争仍然可以加速,以实现设想的成果。但这一战斗口号会被接受吗?
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引用次数: 1
Do Not Intervene: unamir’s Rules of Engagement from the Inside 不干预:联卢援助团内部的交战规则
Q4 Social Sciences Pub Date : 2020-04-08 DOI: 10.1163/18754112-0220104008
P. Drew, Major Brent Beardsley
This article provides a first-hand account on how the rules of engagement (roe) for the United Nations Assistance Mission in Rwanda (unamir) were developed and implemented. It provides insight into the difficulties that were encountered in developing the roe and getting them authorized. While the mission is often criticized for its failure to protect civilians from genocidal violence, the paper explores the factors that influenced the creation of the rules, and why, given its force structure, unamir was incapable of preventing or stopping the violence.
本文提供了联合国卢旺达援助团(联卢援助团)的交战规则(roe)是如何制定和实施的第一手资料。它提供了在开发roe和获得授权时遇到的困难的见解。虽然联卢援助团经常因未能保护平民免遭种族灭绝暴力而受到批评,但本文探讨了影响这些规则制定的因素,以及联卢援助团在其部队结构下为何无法预防或制止暴力。
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引用次数: 0
Introduction 介绍
Q4 Social Sciences Pub Date : 2020-04-08 DOI: 10.1163/18754112-0220104002
Phillip Drew, Jeremy Farrall, Robert McLaughlin, Bruce Oswald
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引用次数: 0
期刊
Journal of International Peacekeeping
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