Documents on the Law of UN Peace Operations

Since the first edition of this book was published in 2010, United Nations peace operations have evolved significantly. In the Democratic Republic of the Congo, Central African Republic, and South Sudan, UN peacekeepers are now engaged in building peace by fighting non-State armed actors, and must consider issues concerning the application of law and policy governing the use of armed force when protecting civilians. In addition, the UN and its peacekeepers are increasingly being held to higher standards of accountability to ensure that their engagement with local forces and populations meets normative requirements found in international humanitarian law and international human rights law.

This extensively revised edition of Documents on the Law of UN Peace Operations addresses the key normative principles, rules, and standards that have been a part of this evolution. The book provides essential documents, accompanied with commentary, which identify and explain the legal framework or applicable legal norms involved in the planning, management and conduct of UN peace operations. Topics covered include obligations under international humanitarian law, human rights law, international criminal law, and privileges and immunities. Special attention is also paid to matters such as accountability, the rule of law, and the protection of civilians.

Bruce Oswald, Professor and Director, University of Melbourne and the Asia Pacific Centre for Military Law

Bruce Oswald is a Professor and Director of the Asia Pacific Centre for Military Law in the Melbourne Law School at the University of Melbourne. Before taking up an academic position, he served as a UN peacekeeper and consultant to the Office of the UN High Commissioner for Human Rights for many years. He is the co-author of Documents on the Law of UN Peace Operations (OUP, 2010).

Introduction
I: General Documents Relevant to all Peace Operations
1. Charter of the United Nations
2. Draft Articles on the Responsibility of States
3. Draft Articles on the Responsibility of International Organisations
4. Universal Declaration of Human Rights
5. Convention on the Prevention and Punishment of the Crime of Genocide
6. Status of Refugees
7. International Covenant on Economic, Social and Cultural Rights
8. International Covenant on Civil and Political Rights
9. Convention on the Elimination of All Forms of Discrimination against Women
10. Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
11. Rights of the Child
12. International Convention for the Protection of All Persons from Enforced Disappearances
13. Declaration of Basic Principles of Justice for Victims of Crimes and Abuse of Power
14. The Protection of Persons under Detention or Imprisonment
15. Guiding Principles on Internal Displacement
16. Memorandum of Understanding between the Office of the High Commissioner for Human Rights and the Department of Peace-keeping Operations
17. Code of Conduct for Law Enforcement Officials
18. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
19. Four Geneva Conventions of 1949
20. Protocols I and II Additional to the Geneva Conventions of 1949
21. Protocol III Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem
22. Protection of Cultural Property in the Event of Armed Conflict
23. Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict
24. Rome Statute of the International Criminal Court
25. Copenhagen Process on the Handling of Detainees in International Military Operations
II. United Nations Peace Operations Documents
26. Status-of-Forces Agreement between the United Nations and Host Countries
27. Agreements between the United Nations and Contributing States
28. Convention on the Privileges and Immunities of the United Nations
29. Secretary General's Bulletin: Observance by UN Forces of International Humanitarian Law
30. Safety of United Nations and Associated Personnel
31. Third-Party Liability: Temporal and Financial Limitations
32. Women, Peace, and Security
33. Children and Armed Conflict
34. Protection of Civilians in Armed Conflict
35. Reparation for Injuries Suffered in the Service of the United Nations
36. Certain Expenses of the United Nations
37. Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission of Human Rights
III. Regional Documents
38. African Union Charter
39. Protocol Relating to the Establishment of the Peace and Security Council of the African Union
40. The African Union Non-Aggression and Common Defence Pact
41. General Convention on the Privileges and Immunities of the Organization of African Unity
42. African Union Charter on Human and Peoples' Rights
43. African Charter on the Rights and Welfare of the Child
44. African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa
45. African Union Civilian Casualty Guidelines
46. Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community
47. Council Decision of 26 July 2010 establishing the organisation and functioning of the European External Action Service
48. EU Strategic Framework for the Action Plan on Human Rights and Democracy
49. EU-NATO Security Agreement
50. Model Status of Forces Agreement for EU Military Operations
51. European Convention for the Protection of Human Rights and Fundamental Freedoms
52. EU Common Security and Defence Policy
53. EU Guidance on Promoting Compliance with International Humanitarian Law
54. EU Policy on Children and Armed Conflict
55. Charter of the Organization of American States
56. American Convention on Human Rights
57. North Atlantic Treaty
58. Agreement on the Status of the North Atlantic Treaty Organization, National Representatives and International Staff signed in Ottawa
59. Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces
60. Agreement among the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace regarding the Status of their Forces
61. Partnership for Peace: Framework Document issued by the Heads of State and Government participating in the Meeting of the North Atlantic Council
62. Political military framework for partner involvement in NATO-led operations
63. NATO Secretary General's Report on Implementing United Nations Security Council Resolution 1325 on Women, Peace and Security and Related Resolutions
64. Political Military Framework for Partner Involvement in NATO-led Operations
65. NATO Civilian Casualty Guidelines
66. Non-Binding Guidelines for Payments in Combat-Related Cases of Civilian Casualties or Damage to Civilian Property
67. NATO Military Principles and Policies for Environmental Protection
IV. Sub-regional Documents
68. Charter of the Commonwealth of Independent States
69. Collective Security Treaty Organisation
70. Agreement on Military Observer Groups and Collective Peacekeeping Forces in the Commonwealth Independent States
71. The ECOWAS Conflict Framework
72. Protocol Relating to Mutual Assistance on Defence
73. Protocol Relating to Non-Aggression
74. Conference on Security and Co-operation in Europe - Final Act
75. OSCE Strategy to Address Threats to Security and Stability in the Twenty-First Century
76. Agreement Establishing the Pacific Islands Forum
77. Aitukaki Declaration on Regional Security Cooperation
78. Nasonini Declaration on Regional Security
79. Pacific Regional Action Plan: Women, Peace and Security
80. Declaration and Treaty of the Southern African Development Community
81. SADC Mutual Defence Pact
V: Other Peace Operations Documents
82. UN Security Council Resolution S/RES/1264 (15 September 1999)
83. UN Security Council Resolution S/RES/1272 (22 October 1999)
84. Exchange of Notes constituting an Arrangement between the Government of Australian and the Government of the Republic of Indonesia concerning the Status of the Multinational Force in East Timor
85. Exchange of Notes constituting an Arrangement between the Government of Australia and UNTAET applying to the Multinational Force operating under unified command structure in East Timor (INTERFET)
86. Commander INTERFET Detainee and Disarmament Policy
87. The Indo-Sri Lanka Accord
88. Regional Assistance Mission to Solomon Islands Agreement
89. The Solomon Islands Government- RAMSI Partnership Framework
90. Reparation for Injuries Suffered in the Service of the United Nations
91. Certain Expenses of the United Nations (Article 17, Paragraph 2, of the Charter)
92. Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission of Human Rights