The ancient Chinese curse was: ‘May you live in interesting times!’ To
some extent all ‘times’ have their interest, and yet to those involved in
international law and international relations, the current times are more
‘interesting’ than usual. A number of tensions seem to be coming to the
surface at the same time, and a resolution of one may have unintended
consequences in other areas, even exacerbating the tensions there.
The subject matter of this book looks at the tensions in one of those
areas, the application of human rights treaties to United Nations peace
operations. Yet the author realises that even here, the subject is too vast
for one publication. He therefore has to narrow his field to examine the
application as law of two of the best known treaties, one universal and
one regional. In doing so, he accepts that there are other issues raised
which cannot be dealt with within the scope of this book. This book is
not, therefore, and does not seek to be, the definitive answer to all the
issues surrounding United Nations peace operations or the relationship
between those operations and international law in general.
The general context in which this book is set is itself complex. The
original concept of having forces made available to the United Nations
under Article 43 of the Charter never saw the light of day. As a result,
command and control of United Nations forces is never straightforward,
and has become less so as the nature of United Nations peace operations
has changed over the years from ‘traditional peacekeeping’ in a comparatively
benign environment, through ‘peace support operations’, often in
an environment where the consent of all factions could not be taken for
granted, to ‘peace enforcement’, where operations are often conducted
in the midst of ongoing hostilities.