Empowering the Protection of Civilians
Publish date: 2012-09-14
Report number: FOI-R--3468--SE
Pages: 61
Written in: English
Keywords:
- PoC
- protection of civilians
- use of force
- necessity
- proportionality
- international human rights law
- international humanitarian law
Abstract
Protecting civilians is a task assigned to both civilian and military actors in peace operations, and close cooperation between the different actors is necessary to enable effective protection. The military component is unique in its ability to use force and its subsequent capability to protect civilians from physical force. The military component is therefore of critical importance for peace operations mandated to protect civilians. At the same time, many questions remain regarding how the military can protect civilians, and ultimately how they can use force for that purpose. Many peace operations operate in environments where making a distinction between war and peace is increasingly complex. Making such distinction is, however, necessary to enable sufficient protection of civilians. Depending on whether or not an armed conflict exists the applicable law provides different frameworks for how force can be used, and consequently, for how the military can protect civilians. Clarifying the scope and limitation on the use of force in the respective legal frameworks is thus crucial, and instruments addressing protection of civilians must be cautious of the legal complexity that follows with the military role in protecting civilians. This report seeks to clarify legal questions arising regarding the use of force and the military role in protection civilians. Thereby, the report seeks to contribute to the development of effective strategies to protect civilians in peace operations.