Peacekeepingboris Webseite

 

International Policing and Human Rights
 
While there is in general a plethora of academic literature on peace operations and human rights, the important topic of international policing and human rights has remained an understudied area of research.
 
Key questions relating to international policing and human rights are the following:
 
a)    What is the role of civilian police to protect human rights and to re-establish the rule of law in post-conflict societies? What are the human rights tasks of international civilian police?
b)    What is the legal framework in regard to human rights applicable to international police? Which human rights standards are of particular importance in the daily work of international police? Do the legal standards differ in executive and non-executive policing?
c)    What conditions are necessary to effectively protect human rights in post- conflict societies?
d)    Which are the roles of other actors in the criminal justice sector? How can they successfully co-operate and co-ordinate with the civilian police?
e)    Which role do human rights play in the reform of the national police
f)     How should human rights training be designed and conceptualized? What are the limits of training?
g)    How are human rights of the international police protected?
h)   What kind of mechanisms exist to hold Civilian Police (CivPol) accountable for human rights violations? 


 
 
The Responsibility of Peacekeepers, their Sending States, and International Organzations  
 
Breaches of international law may occur during any peace operation either conducted by the UN, by an international organization or group of states. This raises a number of complicated legal issues: Who is legally responsible, the international organization, the Member State or the individual? How are the legal consequences regulated by international law? Does the responsibility of the international organization exclude the responsibility of the Sending State? Under what circumstances exist concurrent responsibility? Are international organizations or states responsible for all acts by peacekeepers, even if committed in their capacity as private individuals? What is the practice of international organizations? What are the implications of the two recent cases, Al Jeddah v Secretary of State for Defence and Behrami and Behrami v. France and Saramati v. France, Germany and Norway? Since only a few decisions of court martials and inquiries have addressed the violations of international law by members of UN peacekeeping forces, one may ask the question what kind of mechanisms could be established to ensure the identification and punishment of law violations committed by UN forces. In regard to violations of IHL, the exercise of international and individual responsibility is rudimentary. Therefore, it appears to be necessary to discuss remedies to ensure compliance and how the rights of victims can be strengthened.

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