The protection of civilians within un pso oct 14

UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians

Introduction to Protection of Civilians

Learning Outcomes

Explain how and why POC has become a priority objective for UN PKOs and how the failure to protect civilians can affect the credibility of the mission and the UN

Describe the types of violence facing civilians, protection actors and the role of peacekeepers in protecting against those threats

Identify the range of legal rules, authorities and obligations that govern the actions of peacekeepers with regards to the protection of civilians

Contents What is protection The types of violence against civilians Who protects civilians Importance of POC Failure to Provide Protection to Civilians International legal instruments and core legal framework for

peacekeeping operations Summary of authorities, obligations and prohibitions

What is Protection?(Three Approaches)

What types of violence are likely to be seen in the area of operations?

Threats to life

Threats to PhysicalIntegrity

Threats to

Freedom

Threats to property

“The consequences (of violence) for civilians have been devastating, as armed groups have often sought to overcome their military inferiority by employing strategies that flagrantly violate international law. These range from deliberate attacks against civilians, including sexual violence, to attacks on civilian objects (targets) such as schools, to abduction and forced recruitment and using civilians to shield military objectives. The risks for civilians are further increased as militarily superior parties, in fighting an enemy that is often difficult to identify, respond with means and methods of warfare that may violate the principles of distinction and proportionality, giving rise to further civilian casualties.”

Who provides protection to civilians

(and where do peacekeepers fit)?

Who Protects Civilians? The Host State Government

UN Peacekeeping Operations

The UN High Commissioner for Refugees (UNHCR)

The UN Office for the High Commissioner for Human Rights (OHCHR)

The International Committee of the Red Cross (ICRC)

UN Office for the Coordination of Humanitarian Affairs (OCHA)

UNICEF (UN Children’s Fund)

NGOs, INGOs, Civil Society Organizations etc

Why is the protection of civilians getting special attention?

The Importance of POC The UN Security Council

Resolutions

All peacekeepers are expected to promote protection throughout their operational functions

POC is increasingly coming to define the reputation of UN missions.

DPKO/DFS Operational Concept on POC

Range of POC Activities: Range of POC Activities:

The Three “Tiers”The Three “Tiers”

The Three “Tiers”

Four “Phases” of Protection Response

- Patrolling- Human rights monitoring- Mediation and conflict prevention- Key leaders outreach

- Intensify patrolling, military and police presence- Interposition- Political pressure - Human rights monitoring

- Offensive and defensive operations- Mitigation of suffering-Evacuation- Human rights - Humanitarian assistance

- Mediation- Human rights investigation- Humanitarian assistance- Liaison to reestablish ties- Readjust security

- It should be integrated into the It should be integrated into the contingent planning processcontingent planning process

- Existing constrains (mobility, Existing constrains (mobility, communications, surveillance etc) communications, surveillance etc)

indicate the essentiality of HUMINT indicate the essentiality of HUMINT

Failure to Provide Protection to Civilians

What are the consequences when peacekeepers are not able to protect civilians from harm?

Failure to Provide Protection to Civilians

International support

Host nation Consent

CredibilityLegitimacy

Tactical issues regarding operations

and security

International legal instruments and core legal framework for peacekeeping

operations UN Charter

International Humanitarian Law

International Human Rights Law

Refugee Law

Rome Statute of the International Criminal Court

Security Council Mandate

Mission Concept, CONOPS and Operation Orders

Force Commander and Police Commissioner Directives on the Use of Force

ROE & DUF

SOFA and Host state law

Understanding Mandate Language

UNAMSIL 1999Acting under Chapter VII of the Charter of the United

Nations, decides that in the discharge of its mandate UNAMSIL may take the necessary action to ensure the security and freedom of movement of its personnel and, within its capabilities and areas of deployment, to afford protection to civilians under imminent threat of physical violence taking into account the responsibilities of the Government of Sierra Leone

UNMISS 2011 “Acting under Chapter VII of the Charter of the United Nations…authorizes . . . the following tasks…

Advising and assisting the Government . . . including military and police . . . in fulfilling its responsibility to protect civilians, in compliance with international humanitarian, human rights, and refugee law;

(v) Deterring violence including through proactive deployment and patrols in areas at high risk of conflict, within its capabilities and in its areas of deployment, protecting civilians under imminent threat of physical violence, in particular when the Government of the Republic of South Sudan is not providing such security;

(vi) Providing security for United Nations and humanitarian personnel, installations and equipment necessary for implementation of mandated tasks,. . .

Authorities, Obligations and Prohibitions

Authorities

Obligations

Prohibitions

Authorities

ALL UN Peacekeepers (including UN civilian staff) have an INHERENT RIGHT to defend themselvesdefend themselves, if necessary, by using force - up to and including deadly force.

Peacekeepers who are authorized under a Chapter VII under a Chapter VII mandate to use force to implement the mandatemandate to use force to implement the mandate, including to protect civilians under imminent threat of violence are AUTHORIZED to use all means - up to and including the use of force – to prevent, pre-empt, and respond effectively to acts of or imminent threat of violence against civilians.

Obligations

Protect civilians under imminent threat of violence (within capabilities and within the area of responsibility)

Provide protection impartially and according to need; without reference to ethnicity, race, religion, social or economic status, sex, or political affiliation

Act without prejudice to the responsibility of the host state to protect civilians within its borders

Obligations cont… Conduct themselves in a professional and disciplined manner at all

Understand the mandate and mission and comply with their provisions

Respect the law of the host country

Treat the inhabitants of the host country with respect, courtesy and consideration

Act with impartiality, integrity, tact and discretion

Obey UN superiors and respect the chain of command

Prohibitions From employing torture or inhuman and degrading treatment under any circumstances

Acting in revenge or with malice, in particular when dealing with prisoners, detainees or people in the mission’s custody

Committing attacks against civilians or civilian objects

From attacking or rendering useless objects indispensable to the survival of the population

Using the position as peacekeeper for personal advantage

Engaging in acts of sexual, physical or psychological abuse, or

Soliciting or accepting any material reward, gift or honors

Use of Force to Protect Civilians Tactical Level

The military / police commander on the scene military / police commander on the scene has the elements to judge and the authority to react to an incident with the use of force according to the ROE / DUF

The premise is that such commander (normally company / FPU and lower level commanders) ) has full knowledge and has been has full knowledge and has been adequately trained on ROE / DUFadequately trained on ROE / DUF at pre-deployment training

Apart from mastering the ROE it is highly necessary to understand the operational environment and plan accordingly understand the operational environment and plan accordingly (intelligence driven operations)

Where to Seek Legal Guidance in Missions

Mandate, Mission Concept, CONOPS, Mission Protection of Civilians Strategy, Operation Orders, Work Plans, ROE, DUF, IHL, etc

Senior Mission Leadership to interpret, articulate and make decisions

When have questions, refer to Commanding officers/managers

Legal Adviser to be consulted Refer to UN HQ

شكرا謝謝

thank youmerci

спасибоgracias

http://www.peacekeepingresourcehub.unlb.org

The protection of civilians within un pso oct 14

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