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THE PROTECTION OF CIVILIANS THE PROTECTION OF CIVILIANS DURING PEACE-KEEPING DURING PEACE-KEEPING

OPERATIONS BY THE UNITED OPERATIONS BY THE UNITED NATIONS AND REGIONAL NATIONS AND REGIONAL

ORGANISATIONSORGANISATIONS

Presentation to the JSCD Presentation to the JSCD 24 October 200824 October 2008

Peter DanielsPeter DanielsResearch UnitResearch Unit

Parliament of the RSAParliament of the RSA

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ScopeScope IntroductionIntroduction Regulatory frameworkRegulatory framework

Geneva ConventionGeneva Convention International Committee of the Red CrossInternational Committee of the Red Cross Law of Armed Conflict aka IHLLaw of Armed Conflict aka IHL UN Security Council MandatesUN Security Council Mandates

The United NationsThe United Nations Peace Support OperationsPeace Support Operations

Scope Scope CategoriesCategories Developments and types of interventionDevelopments and types of intervention

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Scope (cont)Scope (cont) Regional OrganisationsRegional Organisations South AfricaSouth Africa

Peacekeeping Mechanisms employed by South Peacekeeping Mechanisms employed by South AfricaAfrica

South Africa’s contributionSouth Africa’s contribution Protection of civilians during PSO’sProtection of civilians during PSO’s

Focus on Civilian protectionFocus on Civilian protection The Responsibility to ProtectThe Responsibility to Protect Challenges for protecting civilians during PSO’sChallenges for protecting civilians during PSO’s

Challenges facing the UNChallenges facing the UN Challenges facing Peacekeepers' ability to protect Challenges facing Peacekeepers' ability to protect

civilianscivilians ConclusionConclusion

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IntroductionIntroduction

Background to protection of civilians during PSO’sBackground to protection of civilians during PSO’s Brought to for in Rwandan genocide conflict in Brought to for in Rwandan genocide conflict in

Sierra Leone and SudanSierra Leone and Sudan This despite UN protocols such as Geneva This despite UN protocols such as Geneva

ConventionConvention Protection of civilians –responsibility of stateProtection of civilians –responsibility of state Civilian agencies involved – NGO’s, local Civilian agencies involved – NGO’s, local

authorities, donor communityauthorities, donor community State unwilling – sovereignty yields to State unwilling – sovereignty yields to

responsibility to protect by international actorsresponsibility to protect by international actors UN definition on Protection of CiviliansUN definition on Protection of Civilians

All activities to ensure full respect for rights of individual All activities to ensure full respect for rights of individual ito IHLito IHL

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Regulatory framework for POCRegulatory framework for POC

Internationally – rules by which to engage in war and Internationally – rules by which to engage in war and armed conflictarmed conflict

Geneva Convention (GC)Geneva Convention (GC) founded on idea for respect for individual and his/her founded on idea for respect for individual and his/her

dignity dignity Breaches include wilful torture, taking hostages, Breaches include wilful torture, taking hostages,

extensive destruction of propertyextensive destruction of property

International Committee of the Red CrossInternational Committee of the Red Cross Mission based on Geneva Convention to protect and Mission based on Geneva Convention to protect and

assist victims of armed conflictassist victims of armed conflict Seven principles: humanity, impartiality, neutrality, Seven principles: humanity, impartiality, neutrality,

independence, voluntary service, unity and universalityindependence, voluntary service, unity and universality

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Regulatory framework for POCRegulatory framework for POC Law of Armed Conflict aka IHLLaw of Armed Conflict aka IHL

Framework to guide soldiers and peacekeepersFramework to guide soldiers and peacekeepers Outlines rights and responsibilities ito International Outlines rights and responsibilities ito International

LawLaw Purpose the protection of both combatants and non-Purpose the protection of both combatants and non-

combatants combatants From unnecessary suffering, safeguarding their rights From unnecessary suffering, safeguarding their rights

etcetc

UN Security Council MandatesUN Security Council Mandates Number of cross cutting thematic tasks assigned to Number of cross cutting thematic tasks assigned to

UN PSO’sUN PSO’s Relevant resolutions are those on women, peace and Relevant resolutions are those on women, peace and

security; children and armed conflict; and protection of security; children and armed conflict; and protection of civilians in armed conflictcivilians in armed conflict

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The United NationsThe United Nations

World body responsible for promoting global World body responsible for promoting global peace and securitypeace and security

Most PSO’s directed and controlled by UNMost PSO’s directed and controlled by UN Framework and basis for PSO’s – UN Charter Framework and basis for PSO’s – UN Charter Designates UNSC as UN organ to deal with Designates UNSC as UN organ to deal with

issues of global peace and securityissues of global peace and security UNSC institute and mandate PSO’sUNSC institute and mandate PSO’s Article 43 – member states to make armed Article 43 – member states to make armed

forces available if called to forces available if called to PSO’s planned by DPKOPSO’s planned by DPKO Regional organisations taking greater Regional organisations taking greater

responsibility for PSO’sresponsibility for PSO’s

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Peace Support OperationsPeace Support Operations

ScopeScope Currently 7 PSO’s on continentCurrently 7 PSO’s on continent Since 1948, 63 PSO’sSince 1948, 63 PSO’s 130 nations contributed peacekeepers130 nations contributed peacekeepers PSO’s are paid for by all member states of UN PSO’s are paid for by all member states of UN

according to formula according to formula

CategoriesCategories Chapter VI – peaceful settlement of disputesChapter VI – peaceful settlement of disputes Chapter VII – collective security measures Chapter VII – collective security measures

(sanctions and military actions(sanctions and military actions Chapter VI and a half - short of full combat and Chapter VI and a half - short of full combat and

peace enforcementpeace enforcement

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Peace Support Operations (cont)Peace Support Operations (cont)

Developments and types of interventionDevelopments and types of intervention

Traditionally - Traditionally - war >ceasefire> outside war >ceasefire> outside monitors> light armed forces between parties> monitors> light armed forces between parties> buffer zone > settlementbuffer zone > settlement

Contemporary - becoming complex Contemporary - becoming complex Deployed inter and intra state conflictsDeployed inter and intra state conflicts PSO’s in every phase: prevention to post war PSO’s in every phase: prevention to post war

reconstructionreconstruction Dependent on close co-operation between Dependent on close co-operation between

civilian, police and military organisations civilian, police and military organisations

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Peace Support Operations (cont)Peace Support Operations (cont)

Type of intervention range fromType of intervention range from:: Observer missions Observer missions Traditional PK with consent warring partiesTraditional PK with consent warring parties Preventative PK – before an attack takes Preventative PK – before an attack takes

placeplace Supervising a ceasefire between irregular Supervising a ceasefire between irregular

forcesforces Assistance with maintenance of law and orderAssistance with maintenance of law and order Protecting humanitarian and development Protecting humanitarian and development

initiativesinitiatives Peace enforcement missionsPeace enforcement missions

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Regional organisationsRegional organisations

UN Charter recognises role of regional and UN Charter recognises role of regional and subregional organisations subregional organisations

Viewed as first level of intervention Viewed as first level of intervention mechanisms to any regional conflictmechanisms to any regional conflict

UN lacks capacity, resources and expertise to UN lacks capacity, resources and expertise to address all problems that may ariseaddress all problems that may arise

Regional organisations can conduct PSO’s in Regional organisations can conduct PSO’s in partnership with UNpartnership with UN

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Regional organisations (cont)Regional organisations (cont)

Regional organisations includeRegional organisations include Organisation for Security and Co-operation in Europe Organisation for Security and Co-operation in Europe

((OSCEOSCE)) North Atlantic Treaty Organisation (North Atlantic Treaty Organisation (NATONATO)) Organisation of American States (Organisation of American States (OASOAS)) Caribbean Community (Caribbean Community (CARICOMCARICOM))

Continental Organisations include:Continental Organisations include: African Union (African Union (AUAU)) Economic Community of West African States (Economic Community of West African States (ECOWASECOWAS) )

[west][west] Southern African Development Community (Southern African Development Community (SADCSADC) [south]) [south] Arab Maghreb Union (Arab Maghreb Union (AMUAMU) [north]) [north] Inter-governmental Development Authority (IGAD) [east]Inter-governmental Development Authority (IGAD) [east] Economic Community of Central African States (ECCAS) Economic Community of Central African States (ECCAS)

[central Africa][central Africa]

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Regional organisations (cont)Regional organisations (cont)

African Union (AU)African Union (AU) Can intervene iro grave circumstances namely war crimes, Can intervene iro grave circumstances namely war crimes,

genocide and crimes against humanity genocide and crimes against humanity

ECOWAS ECOWAS Best known - recognition – massive PK efforts in Liberia and Best known - recognition – massive PK efforts in Liberia and

Sierra LeoneSierra Leone

Southern African Development Community Southern African Development Community (SADC)(SADC) Protocol on politics, defence and security co-operation Protocol on politics, defence and security co-operation Strive for climate of peace, security and stability in regionStrive for climate of peace, security and stability in region Recognise role of regional arrangementsRecognise role of regional arrangements Charter forbids use of force without approval of UNSCCharter forbids use of force without approval of UNSC

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South AfricaSouth Africa

Peacekeeping MechanismsPeacekeeping Mechanisms SA parliament role securing approval for SA parliament role securing approval for

participation in PSO’sparticipation in PSO’s Authorise finances Authorise finances Will not participate if in conflict SA valuesWill not participate if in conflict SA values SA normally reimbursed for troop contingents, SA normally reimbursed for troop contingents,

equipment and other personnel to UN missionsequipment and other personnel to UN missions Constitution, Interim Constitution and Defence Act Constitution, Interim Constitution and Defence Act

provide for deployment of SANDFprovide for deployment of SANDF President to inform ParliamentPresident to inform Parliament WP on SA Participation in Peace Missions 1999 WP on SA Participation in Peace Missions 1999

framework for peace missionsframework for peace missions

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South Africa (cont)South Africa (cont)

South Africa’s contribution (2006/2007) South Africa’s contribution (2006/2007) DOD Annual Report DOD Annual Report 15 PSO’s15 PSO’s

1215 DRC1215 DRC 1319 Burundi in Ops Fibre 1319 Burundi in Ops Fibre 371 Comoros371 Comoros 334 Sudan334 Sudan 1110 in Ops Curriculum in Burundi 1110 in Ops Curriculum in Burundi

Others include those in Mozambique, West Others include those in Mozambique, West Indies, Nepal, Uganda, Zambia and the CARIndies, Nepal, Uganda, Zambia and the CAR

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South Africa (cont)South Africa (cont)

Annual Report 2007/2008Annual Report 2007/2008

+- 2500 including Reserves employed in 6 PSO’s +- 2500 including Reserves employed in 6 PSO’s and 6 general military assistance operationsand 6 general military assistance operations

Involved in hybrid UN/AU Mission in SudanInvolved in hybrid UN/AU Mission in Sudan Military observers in UgandaMilitary observers in Uganda Contributed to post-conflict reconstruction in DRCContributed to post-conflict reconstruction in DRC Assisted wit training and post-conflict Assisted wit training and post-conflict

reconstruction in CARreconstruction in CAR Humanitarian assistance to MozambiqueHumanitarian assistance to Mozambique

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Protection of civilians during PSO’sProtection of civilians during PSO’s

Views of local communities – should be made aware of Views of local communities – should be made aware of mandate and role of PSOmandate and role of PSO

PSO’s operate ito agreements such as SOFA and UN PSO’s operate ito agreements such as SOFA and UN code of conduct and Peacekeepers Handbookcode of conduct and Peacekeepers Handbook

Discipline peacekeepers important – trustDiscipline peacekeepers important – trust Misconduct and poor discipline – damage imageMisconduct and poor discipline – damage image Intervention by outsider in internal conflict always Intervention by outsider in internal conflict always

problematicproblematic Need to be sanctioned and approved by at least one Need to be sanctioned and approved by at least one

party and the UNparty and the UN Goal of protecting civilians often elusiveGoal of protecting civilians often elusive Example of DRC illustrates POC often a complicated Example of DRC illustrates POC often a complicated

processprocess

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Focus on civilians protectionFocus on civilians protection

Anan 1999 Report disturbing picture of modern Anan 1999 Report disturbing picture of modern conflicts : 90% of casualties are civiliansconflicts : 90% of casualties are civilians

Essential that any UN-wide policy emphasises Essential that any UN-wide policy emphasises need for a civilian protection focus need for a civilian protection focus

Often focus on military of demobilising and Often focus on military of demobilising and disarming with little attention to reintegration disarming with little attention to reintegration

UN members should ensure re-integration of UN members should ensure re-integration of former combatants back into society former combatants back into society

This holistic approach more sustainable than This holistic approach more sustainable than quick-fix solutions that are often soughtquick-fix solutions that are often sought

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The Responsibility to Protect (RTP)The Responsibility to Protect (RTP)

Core tenet: sovereignty entails responsibilityCore tenet: sovereignty entails responsibility UN endorse this and maintain this responsibility UN endorse this and maintain this responsibility

is first and foremost held by national authorities is first and foremost held by national authorities RTP describes duty of governments to prevent RTP describes duty of governments to prevent

and end acts of violence against its citizensand end acts of violence against its citizens International community has responsibility to International community has responsibility to

protect against genocide, massive human rights protect against genocide, massive human rights abuses and other humanitarian crisesabuses and other humanitarian crises

If states fail to protect citizens, international If states fail to protect citizens, international community shares a collective responsibility to community shares a collective responsibility to protectprotect

Should try and be peaceful, but if need be, Should try and be peaceful, but if need be, coercive including forceful stepscoercive including forceful steps

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The Responsibility to Protect (cont)The Responsibility to Protect (cont)

RTP also means no state can hide behind RTP also means no state can hide behind concept of sovereignty where citizens are at riskconcept of sovereignty where citizens are at risk

Can also not turn blind eye when it extends Can also not turn blind eye when it extends beyond bordersbeyond borders

RTP embraces 3 particular responsibilities: RTP embraces 3 particular responsibilities: Responsibility to prevent – address causesResponsibility to prevent – address causes Responsibility to react – respond to serious situations Responsibility to react – respond to serious situations

and may include military interventionand may include military intervention Responsibility to rebuild – to provide especially after Responsibility to rebuild – to provide especially after

military intervention full assistance with recovery, military intervention full assistance with recovery, reconstruction etcreconstruction etc

RTP thus not only about military or coercive RTP thus not only about military or coercive means but about cooperation in especially in means but about cooperation in especially in political spherepolitical sphere

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Challenges for protecting Challenges for protecting civilians during PSO’s civilians during PSO’s

Challenges facing the UNChallenges facing the UN

UN Charter forbids use of force without UNSC UN Charter forbids use of force without UNSC approvalapproval

Administrative and budgetary constraintsAdministrative and budgetary constraints Political will and commitmentPolitical will and commitment Uneven performanceUneven performance Unrepresentative membershipUnrepresentative membership

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Challenges for protectingChallenges for protecting

civilians during PSO’scivilians during PSO’s

Challenges facing Regional organisationsChallenges facing Regional organisations Non-reaction often due to lack of capacity Non-reaction often due to lack of capacity Pledge to protect civilians but often unable or Pledge to protect civilians but often unable or

unwilling to uphold or implement such unwilling to uphold or implement such guarantees guarantees

In W-African context – perpetrators sometimes In W-African context – perpetrators sometimes rewarded with access to political powerrewarded with access to political power

Required: responsibility to protect civilians Required: responsibility to protect civilians should be respected by both state and non-state should be respected by both state and non-state actorsactors

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Challenges for protecting Challenges for protecting

civilians during PSO’scivilians during PSO’s Challenges facing Regional organisations (cont)Challenges facing Regional organisations (cont) Budgetary constraintsBudgetary constraints Lack of administrative capacityLack of administrative capacity Political diversity – systems, ideologies etcPolitical diversity – systems, ideologies etc Reactive capability rather proactiveReactive capability rather proactive Unclear structural and political relationship Unclear structural and political relationship Weak command and control, logistics and support Weak command and control, logistics and support

capacities as well as limited troop interoperability capacities as well as limited troop interoperability and integrated mission planningand integrated mission planning

Poor in-house information and intelligence analysis Poor in-house information and intelligence analysis (early warning centres) capacity, and(early warning centres) capacity, and

Weak communication capacityWeak communication capacity

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Challenges for protecting Challenges for protecting

civilians during PSO’scivilians during PSO’s

CChallenges facing peacekeepers’ ability to hallenges facing peacekeepers’ ability to protect civiliansprotect civilians

Ability to identify legitimate civilians from those who Ability to identify legitimate civilians from those who support rebel groups support rebel groups

Little guidance how to accomplish “civilian Little guidance how to accomplish “civilian protection”protection”

Unclear authority to actUnclear authority to act Lack of contributorsLack of contributors Lack of sufficient capacity to actLack of sufficient capacity to act

Lack of operational guidance & military preparationLack of operational guidance & military preparation

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ConclusionConclusion Protection of civilians during PSO’s Protection of civilians during PSO’s

complex issuecomplex issue Reality is that it failed thousands of civiliansReality is that it failed thousands of civilians PSO’s has as end state – protection of PSO’s has as end state – protection of

civilians and creation of an environment civilians and creation of an environment that respects rights and freedomsthat respects rights and freedoms

Several challenges that need to be Several challenges that need to be confronted - capacity political will and confronted - capacity political will and commitmentcommitment