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The Human Rights Treaty Obligations of Peacekeepers
About This Book
Do States, through their military forces, have legal obligations under human rights treaties towards the local civilian population during UN-mandated peace operations? It is frequently claimed that it is unrealistic to require compliance with human rights treaties in peace operations and this has led to an unwillingness to hold States accountable for human rights violations. In this book, Kjetil Larsen criticises this position by addressing the arguments against the applicability of human rights treaties and demonstrating that compliance with the treaties is unrealistic only if one takes an 'all or nothing' approach to them. He outlines a coherent and more flexible approach which distinguishes clearly between positive and negative obligations and makes treaty compliance more realistic. His proposals for the application of human rights treaties would also strengthen the legal framework for human rights protection in peace operations without posing any unrealistic obligations on the military forces.
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Table of contents
- Cover
- The Human Rights Treaty Obligations of Peacekeepers
- Title
- Copyright
- Contents
- Foreword
- Preface
- Table of cases
- List of Abbreviations
- Part I: Background and context
- Part II: Two fundamental arguments for non-applicability of human rights treaties
- Part III: Circumstances that may exclude or modify the application of the treaties
- Part IV: Application in concretu: the right to life, to freedom from torture, and to liberty and security
- Part V: Conclusions
- Sources and materials
- Index