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Abstract

This article asserts that the link between peace and security and stabilization and development, as exemplified by the UN-mandated international presences in Afghanistan, is to be welcomed but that, from the perspective of the laws governing both the use of force and the conduct of warfare, such an evolution is problematic for a number of reasons. One, the broader functions of the military in peace support raises questions for jus ad bellum such as determining whether the basis for the peace enforcement has been achieved, as States and their armed forces engage in stabilization and state-building initiatives as a means to counter breaches of and threats to the peace. Two, the broader functions are problematic for jus in bello as the practical application of such initiatives is not easily incorporated into a body of law that was drafted primarily to deal with inter-state conflict and only provides limited guidance on internal conflict such as that in Afghanistan. Consequently, international law must evolve to clarify the rights and obligations stemming from peace support operations for both States and their military personnel.

Author Bio(s)

Claire Breen is an Associate Professor at Te Piringa-Faculty of Law at the University of Waikato, New Zealand. Dr Breen's interest in the legal obligations stemming from peace support missions is a reflection of her interest in the confluence between human rights law and the laws of armed conflict and international humanitarian law. This research has been generously supported by the New Zealand Law Foundation in the course of a project entitled "The National and International Legal Obligations and Consequences for New Zealand Arising from its Peace Support Operations". Dr. Breen would like to thank the New Zealand Law Foundation for their generous financial support in the conduct of research for this article. She has previously published extensively in the area of children's rights. Email: cbreen@waikato.ac.nz.

Publication Date

11-1-2011

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