Professional Documents
Culture Documents
PROTECTION OF CIVILIANS
• WHAT IS PROTECTION
• RESPONSIBILITIES TO
PROTECT CIVILIANS
• IMPORTANCE OF POC
• FAILURE TO PROVIDE
PROTECTION TO CIVILIANS
• LEGAL ASPECTS
1. BACKGROUND AND IMPORTANCE OF POC IN
PEACEKEEPING OPERATIONS
Evolution of peacekeeping and POC over time
UNMIL (2003
MINUSTAH (2004)
UNOCI (2004)
UNAMID (2007)
UNMISS (2011)
UNISFA (2011)
MINUSMA (2013)
2. WHAT IS POCs (DEFINITION)
BASED ON THE LANGUAGE USED BY THE SECURITY COUNCIL IN POC
MANDATES, THE PHYSICAL PROTECTION OF CIVILIANS IN UNITED
NATIONS PEACEKEEPING CAN BE DEFINED AS “ALL NECESSARY
ACTION, UP TO AND INCLUDING THE USE OF FORCE, AIMED AT
PREVENTING OR RESPONDING TO THREATS OF PHYSICAL VIOLENCE
AGAINST CIVILIANS, WITHIN CAPABILITIES AND AREAS OF
OPERATIONS, AND WITHOUT PREJUDICE TO THE RESPONSIBILITY OF
THE HOST GOVERNMENT TO PROTECT ITS CIVILIANS.”
WHY DO ARMED GROUPS PERPETRATE ATTACKS
AGAINST CIVILIANS ?
CONFLICT RELATED SEXUAL VIOLENCE HAS ALSO BEEN
USED DELIBERATELY AND SYSTEMATICALLY AS :
A MEANS OF PUNISHMENT AND TERRITORIAL CONTROL HUMILIATING
OPPOSITION FORCES/POPULATION, IMPREGNATING THE WOMEN OF
A PARTICULAR ETHNIC OR RACIAL GROUPS WITH THE CHILDREN OF
THEIR ENEMIES AS A FORM OF GENOCIDE.
USE OF SEXUAL VIOLENCE AS A TACTIC OF WAR TO HUMILIATE,
DOMINATE, INSTILL FEAR IN DISPERSE/FORCIBLY RELOCATED CIVILIAN
MEMBERS OF A COMMUNITY/ETHNIC GROUP.
CRIME OF IHL COVERED BY THE STATUTE OF THE INTL CRIMINAL
COURT THROUGH WAR CRIMES, GENOCIDE, CRIMES AGAINST
HUMANITY
IS BROADER IN SCOPE.
IT INCLUDES ALL FORMS OF GENDER BASED VIOLENCE COMMITTED
WITHIN ANY GIVEN CONTEXT SUCH AS DOMESTIC VIOLENCE AND
FEMALE GENITALE MUTILATION.
WHICH IS THE DIFFERENCE BETWEEN OPPORTUNISTIC VIOLENCE
AND STRATEGIC VIOLENCE ?
OPPORTUNISTIC VIOLENCE IS AN INDISCRIMINATE VIOLENCE RESULTING FROM THE
LACK OF LAW AND ORDER
R2P POC
In the case of POC, the main limitation is that the concept
emerged as relevant to situations of armed conflict only.
It does not cover all violations of human rights, nor does If there is no armed conflict — where civilians are defined
it cover suffering from natural disasters — as horrible as as the opposite of combatants — POC transforms itself to
these might be. protection of citizens in time of peace, covered by the
well-developed and comprehensive body of human
rights.
The threshold between what falls within R2P, and what The protection of civilians in time of war — is more
does not, lies in the determination of atrocity crimes: limited than the protection of citizens in time of peace,
genocide, crimes against humanity, war crimes. These and also more limited than the protection of all non-
have to be systematic and planned, as such. combatants in time of war.
On another hand, R2P is narrower than POC and would POC is narrower than R2P — if all war crimes trigger R2P,
not apply in every armed conflict, but only in those in not all war crimes would fall under POC — as some war
which mass atrocities have been systematically planned crimes are not committed against civilians, but against
as part of the war strategy. wounded or captured soldiers.
To summarize: in many situations, the two circles of R2P and POC can overlap — for example, when war crimes
against civilians or crimes against humanity (including ethnic cleansing and genocide) are committed during armed
conflict. A situation that would fall under POC, but not R2P, is the protection of civilians threatened by escalating
armed conflict if mass atrocities are not planned and committed. And a situation that would trigger R2P, but not POC,
is a threat from mass atrocities planned outside an armed conflict.
http://unu.edu/publications/articles/siblings-but-not-twins-poc-and-r2p.html
Dr. Vesselin Popovski of the UNU Institute for Sustainability and Peace /article 2011/11/01
The comparison between the legal sources for R2P and POC can be illustrated as follows:
R2P POC
1949 Fourth Geneva Convention (POC),
1949 Geneva Conventions and their
domestic and international humanitarian
Additional Protocols (war crimes)
law, jus in bello traditions
UN Security Council Resolutions: thematic
1948 Genocide Convention (genocide) (Res. 1894) and country-specific mandates
to POC
1998 Rome Statute for ICC (crimes against Refugee Laws (1951 Convention, 2009 AU
humanity, forceful deportation) Convention on IDPs)
Domestic Law (Pillar One); Bilateral, Regional
Ottawa protocol banning land-mines
Law (Pillar Two)
UN Charter, Chapter VI, VII, VIII measures
2010 Convention on Cluster Munitions
(Pillar Three)
Relevant Human Rights Laws – for example,
Relevant Human Rights Laws – for example,
prohibition of recruitment of children in
non-discrimination of ethnic minorities
armed forces
http://unu.edu/publications/articles/siblings-but-not-twins-poc-and-r2p.html
The Responsibility to Protect (R2P) is a political
commitment made by states affirming their responsibility
to protect populations from four mass atrocity crimes:
Genocide
War crimes
Crimes against humanity
Ethnic cleansing
NO
INITIATES,
WHERE LOCAL CAPACITIES ARE
COORDINATES OVERWHELMED, INTERNATIONAL AND
AND DELIVERS NATIONAL HUMANITARIAN ACTORS
HUMANITARIAN (UN AGENCIES, CRC, NGOs) ARE INVOLVED
ASSISTANCE
UN PKO RESPONSIBILITY:
TO PROVIDE A SAFE AND SECURE ENVIRONMENT
IS THE BASIS OF
MISSION
POC STRATEGIES
THE UN SC RESOLUTIONS
ABOVE ALL
FAILURE TO PROVIDE PROTECTION TO CIVILIANS
STRATEGIC LEVEL
International
(UNHQ, UN SC,
support
International
Community)
Tactical issues
TACTICAL Regarding
Host nation OPERATIONAL LEVEL Operations
Consent LEVEL ( Mission and security
Credibility (UN Field Components
Legitimacy Mission) and down)
PERPETRATORS INTREP ON BLOODY PANTHERS
SUBJECT: UPDATE
OF VIOLENCE «BLOODY PANTHERS» HEADED BY BOTSOKATA ILA ANTOINE ARE
• BANDITS, INCREASING THEIR SMUGGLING ACTIVITY ALONG THE MOGAVE
• MEMBERS OF RIVER. HIS GROUP OF AROUND 200 INDIVIDUALS HAS BEEN
REPEATEDLY ACCUSED BY KORI TO BE LINEKD WITH WITH FALIN IOT
INFORMAL ARMED MAINTAIN UNSTABLE CLIMATE IN KORI AREA.
GROUPS, HIS GROUP IS SUPPOSED TO BE CONNECTED WITH BLACK BULLS ,
• THE SECURITY FORCES WHO SUPPORT OGAVO AND DO THE «DIRTY WORK» WITHOUT
OF THE HOST STATE EXPOSING THE FORMER PRESIDENT. RECENTLY A STOCK OF LIGHT
WEAPONS INCLUDED RPGs AND MACHINE GUNS AS WELL AS HAND
OR OF FOREIGN, BOMBS HAS BEEN STOLEN BY A CARANA ARMY STORE HOUSE IN
• INVADING STATES KALSA. INFO GATHERING INDICATE IT HAS BEEN A COVERED
OPERATION CONDUCTED BY BLACK BULLS WITH CARANA ARMY
SUPPORT BUT AT THE MOMENT NO EVIDENCE HAS BEEN PROVED.
SOME WEAPONS HAVE BEEN RECOVERED SOME DAYS LATER IN A
HIDDEN PLACE ALONG MOGAVE RIVER. TWO INDIVIDUALS HAVE
BEEN ARRESTED. ONE OF THEM IS ALAN MUSAKAWA RECOGNISED
AS A MEMBER OF BLOODY PANTHERS.
THIS ESCALATION HOWEVER MIGHT POSE A SEVERE THREAT ALONG
MOGAVE RIVER SHOWING A CONCERNING CHANGE IN BLOODY
PANTHERS ACTIVITY WHICH SEEMS TO SWITHC TO A SORT OF
EXTERNAL POLITICAL SUPPORT TO OGAVE RATHER THAN MERELY
ORGANISED CRIME.
WHILE BANDITRY AND A LACK OF RULE • OPPORTUNISTIC VIOLENCE
OF LAW DO MAKE CIVILIANS MORE VIOLATIONS TARGETED ON THE BASIS
VULNERABLE, INCREASINGLY OF OPPORTUNITY,
CIVILIANS HAVE BECOME THE INDISCRIMINATE VIOLENCE RESULTING
DELIBERATE TARGET OF FROM THE LACK OF ORDER AND LAW
VIOLENCE NOT JUST THE PREVALENT IN CONFLICT AND EARLY
ACCIDENTAL VICTIMS IN POST CONFLICT SITUATIONS
CONTEXT OF ARMED
CONFLICT. • STRATEGIC VIOLENCE
VIOLENCE TARGETED AT SPECIFIC
INDIVIDUALS OR COMMUNITIES TO
FURTHER THE STRATEGIC AIMS
OF PERPETRATORS
POC AS IT RELATES TO PK IS FRAMED IN THE OPERATIONAL CONCEPT
OF THE POC IN UN PKOs.