Peace operations : tackling the military, legal and policy challenges / Michael J. Kelly
- Bib ID:
- 1470946
- Format:
- Book
- Author:
- Kelly, Michael J., 1960-
- Description:
-
- Canberra, : Australian Govt. Pub. Service, c1997
- xviii, [460] p., [12] p. of plates : ill., maps ; 25 cm.
- ISBN:
- 0644475331
- Summary:
-
This book contains a detailed study of the applicable international law relevant to peace operations in the context of collapsed states, the establishment of safe havens or in an enforcement role in general. It discusses the interaction and legal relationship of non government organisations, the military, UN agencies and the warring parties under international law and in practice. The book also deals with issues concerning implication of contemporary peace operations for military forces in terms of force structure, operating procedures and training. The book focuses on the critical issues of the interim administration of law and order in complex operations, and the reconstruction of a local capability in this regrad. Many contemporary operational challenges are analysed: Bosnia, the Middle East and, in particular, a detailed study of Somalia based on the author's inside knowledge, experience and access to information acquired on the ground in Somalia.
- Full contents:
-
- Part 1. The challenge
- chapter 1. Why are we here?: intervention and the new world disorder
- Changing face of sovereignty
- Intervention and human rights since the 19th century
- Self-determination as a human right
- International Court of Justice
- Contemporary shape of the law regarding intervention
- Greece, 1944-49
- Lebanon, 1958
- Congo, 1960-64
- Dominican Republic, 1965
- Bangladesh, 1971
- Uganda and Cambodia, 1979
- Grenada, 1983 and Panama, 1989
- Liberia, 1990
- Northern and Southern Iraq, 1991 and Yugoslavia, 1992
- Somalia, 1992-95
- Haiti, 1994-96
- Rwanda, 1994 and the Comoros, 1995
- Conclusion
- Criteria for United Nations: authorised interventions
- ch. 2. Of mission and leadership:
- the United States, United Nations and the manner of intervention
- United Nations agenda
- Iraq
- Yugoslavia
- Cambodia
- Somalia
- Rwanda
- Haiti
- Mozambique
- Angola
- United Nations organisation and capability
- The United States agenda
- Conclusion
- pt. 2. The law
- ch. 3. The historical development of the law governing military presence in foreign lands
- Roman practice
- Belligerent occupation
- What constitutes belligerent 'occupation'?
- The roots of belligerent occupation
- the Lieber Code, 1863
- Brussels, 1874
- The Hague, 1899-1907
- From experience to law, 1914-49
- Non belligerent occupation
- What constitutes non-beligerent 'occupation'?
- The roots of non-belligerent occupation, 1800-73
- Principles of non-belligerent occupation take shape, 1882-98
- Between treaty and principle: the Rhineland, 1919
- Occupation of allied territory in World War II
- Non-belligerent occupation prior to the fourth Geneva Convention of 1949
- Conclusion
- ch. 4. The current state of the laws of occupation and their application to peace operations
- Advent of the fourth Geneva Convention
- Relation of the fourth convention to the Hague regulations
- The application of the convention
- Does the fourth convention have the status of customary law?
- Additional protocols I and II of 1977
- Termination of an occupation
- The current status of the customary law of non-belligerent occupation
- Operations under the United Nations charter
- 'Contracted out' operations
- Blue helmet operations
- The question of acceptance
- ch. 5. Obligation meets utility: the provisions of the laws of occupation
- Obligations
- Restoration of public order
- Education and religion
- Food and medicine, health and hygiene, civil defence
- The prohibitions
- General treatment of the population
- Prohibitions relating to maintaining order
- Rights of the occupant
- Maintaining order and the legal regime
- Economy, requisition and maintaining the force
- Conclusion
- ch. 6. Developing legal frontiers: human rights, international tribunals, United Nations rules and conventions
- Human rights conventions
- United Nations rules
- International tribunals and treaty crimes
- Third-party safeguard mechanisms
- Conclusion
- pt. 3. Somalia
- ch. 7. The United States led unified task force intervention, into the breach
- Historical background
- Politics of relief
- United Nations and United States decision to intervene
- Unified task force operations
- Media factor
- Mission 'creep' or mission confusion?
- Non-government organisations-military relations
- Sovereign rights assumed
- Restoring and maintaining order?
- Conclusion
- ch. 8. The Australian experience in Somalia
- Australian civil affairs strategy
- Working with non-government organisations
- Restoring and maintaining order
- Auxiliary security force
- Police cells and prisons
- Judiciary
- Criminal Investigation Division
- Prosecutions
- Conclusion
- ch. 9. United Nations operation in Somalia II: the mission derailed
- Status of United Nations operation in Somalia II
- Justice reconstruction mandate
- Dilemmas of maintaining order
- Meeting other convention obligations
- Missing link between capability and effectiveness
- ch. 10. Lessons of Somalia: can collapsed states be 'saved'
- Success or failure?
- Media management
- Disarmament
- Relief organisations in peace enforcement
- Military force structure
- 'Front loading for success'
- Integrated effort and personnel
- Proper use of force
- Justice reconstruction and interim measures
- Lessons for Australia
- Conclusions
- pt. 4. The military response
- ch. 11. The practical implications for military forces: meeting the challenge
- Lessons of low-intensity conflict
- The Manwaring paradigm
- Legitimacy
- Organisation
- Support to the intervening force
- Prevention of support to opponents
- Intelligence
- Discipline and capability of the intervening force
- Notes:
-
- "Many contemporary operational challenges are analysed -- Bosnia, the Middle East and, in particular, a detailed case study of Somalia based on the author's inside knowledge, experience and access to information acquired on the ground in Somalia."--Back cover.
- Bibliography: p. [431-460].
- Subject:
-
- United Nations -- Armed Forces -- Somalia -- Mogadishu
- United Nations -- Armed Forces
- United Nations -- Armed Forces -- Somalia
- United Nations -- Australia
- United Nations -- United States
- Arbitration (International law)
- International police
- Military occupation
- Armed Forces -- Foreign countries
- International law
- Somalia -- Politics and government -- 1960-
- Somalia -- Armed Forces -- Foreign countries
- Other authors/contributors:
- Australian Government Publishing Service
- Terms of Use:
- Commonwealth of Australia 1997.
- Copyright:
-
In Copyright
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- Reason for copyright status:
- Until 2047 [Created/Published Date + 50 Years]
Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 1997
Copyright status may not be correct if data in the record is incomplete or inaccurate. Other access conditions may also apply. For more information please see: Copyright in library collections.
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