The UN and the protection of civilians: sustaining the momentum

Gilder, A. ORCID: https://orcid.org/0000-0002-8861-1433 (2023) The UN and the protection of civilians: sustaining the momentum. Journal of Conflict and Security Law, 28. pp. 1-37. ISSN 1467-7954 doi: 10.1093/jcsl/krac037

Abstract/Summary

The protection of civilians (PoC) concept remains contested twenty-three years after the first PoC mandate. Current PoC frameworks used by the UN do not assist with determining applicable legal standards. They lead the UN down an unsustainable path that risks diminishing political support for PoC, especially within intense conflicts and following well-documented protection failures. With ever-rising expectations from communities under protection, the UN’s ‘Three Tiers of PoC Action’, and the complexity and dilution of PoC mandates under a whole-of-mission approach. It becomes challenging to determine what missions must do to protect individuals. To undertake a major re-evaluation of PoC, this article charts the progression of PoC mandates drawing on examples from several missions to highlight the diverse nature of PoC and subsequent activities. The article then argues that current definitions and practical applications of PoC have cast the net too wide, presented uncertainties, and leave PoC open to attack from member states amidst a political climate of weakened support for collective security action. Instead, the discussion must shift toward a concise and shared understanding of what protection mandates entail for UN peace operations. The article suggests how PoC can be reconceptualised to distinguish a narrow and easily communicated minimum obligation to be placed on UN peacekeepers.

Item Type	Article
URI	https://reading-clone.eprints-hosting.org/id/eprint/109406
Identification Number/DOI	10.1093/jcsl/krac037
Refereed	Yes
Divisions	Arts, Humanities and Social Science > School of Law
Publisher	Oxford University Press
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