UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
Introduction to Protection of Civilians
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on 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
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on 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
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
What is Protection?(Three Approaches)
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
What types of violence are likely to be seen in the area of operations?
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
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.”
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
Who provides protection to civilians
(and where do peacekeepers fit)?
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
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
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
Why is the protection of civilians getting special attention?
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
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.
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
DPKO/DFS Operational Concept on POC
Range of POC Activities: Range of POC Activities:
The Three “Tiers”The Three “Tiers”
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
The Three “Tiers”
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
Four “Phases” of Protection Response
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
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
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
Failure to Provide Protection to Civilians
What are the consequences when peacekeepers are not able to protect civilians from harm?
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
Failure to Provide Protection to Civilians
International support
Host nation Consent
CredibilityLegitimacy
Tactical issues regarding operations
and security
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
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
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
Understanding Mandate Language
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
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
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
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,. . .
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
Authorities, Obligations and Prohibitions
Authorities
Obligations
Prohibitions
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
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.
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of 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
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
Obligations cont… Conduct themselves in a professional and disciplined manner at all
times
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
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
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
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
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)
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
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
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
Q&A
UN DPKO - Tactical Level Mission-Specific Scenario-based Exercises on Protection of Civilians
شكرا謝謝
thank youmerci
спасибоgracias
http://www.peacekeepingresourcehub.unlb.org
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