Chapter
The Legal Framework of Peacekeeping and Peace Enforcement Operations: Chapters VI and VII of the UN Charter
The Evolution and Definition of Peacekeeping: Peacekeeping vs Peace Enforcement
Peacekeeping Post–Cold War: The Ambiguous Practice of the SC: Blurring the Lines between Peacekeeping...
Lessons Learned from Bosnia and Somalia: The Restoration of Traditional UN Peacekeeping
An Emerging Division of Labour between International Organisations in Peacekeeping Operations
The New ‘Old’ Chapter VIII of the UN Charter – Or the Merger of Chapters VII and VIII?
The Relevance of Practice for the Interpretation of the Charter and a Definition of ‘Regional Arrangements and Agencies’
The Unrelenting Influence of Chapter VII over Chapter VIII
Defining the Elements in Article 52 of the UN Charter
The Relationship between the UN and Regional Organisations under Articles 52 and 53
The Interpretation of ‘Enforcement Action’ in Article 53
A Different Interpretation of ‘Enforcement Action’ for Article 53(1) Second Sentence: The Practice of Sanctions...
Peacekeeping Operations of Regional Organisations and the Application of Article 53 of the UN Charter
Towards a Merger of Chapter VII and Chapter VIII in the Practice of the SC
2 The (Emerging) System of Collective Security Consisting of the UN and Regional Organisations
Relations between the UN and Regional Organisations and among Different Regional Organisations
NATO: A Euro-Atlantic Pillar for Peacekeeping or a Security Actor with a Broader Agenda?
NATO and Its Formal Submission under Chapter VIII of the UN Charter
NATO: Rising Like a Phoenix Post the Cold War? A New Strategic Alignment
Assuming New Tasks of Security Proliferation and Projection: In Accordance with the NAT?
NATO, Peacekeeping and Its Relations with Other Organisations
Beginnings/History: NATO and the UN
Between Autonomy and Approximation, NATO and Its Relations with the UN
The EU: An Emerging Strong Actor Within the System of Collective Security?
The Foundation of the EU and Its Normative and Political Framework
Interpreting the Legal Framework of the EU in the Area of the CFSP/CSDP
The Relevant Organs and the Implementation of the CFSP
The EU’s Security Policy: A Global Actor or Rather a Great Dream?
The EU and the UN: Submission, Self-reliance and an Emerging Division of Labour
A Limited Military Engagement on the African Continent – Or an Emerging Division of Labour?
The EU and NATO; NATO and the EU: Complementarity, Competition and Compromises
The EU and the AU: An Effective Partnership
A Slow Shift Towards an Equal Standing in EU–AU Relations
ECOWAS and Peacekeeping: The Role Model for Other Sub-regional Organisations on the Continent
ECOWAS, Peacekeeping and Its Relations with the UN
A New Era of Relations between ECOWAS and the UN
AU Peacekeeping Activities
The AU’s Normative Framework for the Maintenance of International Peace and Security
Article 4 of the Constitutive Act of the UN and the UN Charter
The Early Steps: Defining Their Roles in the Relationship
The World Summit as the Catalyser for More Institutionalised Relations
Aid for Self-Help by the UN
Support Packages for AU Peace Operations and the Possibility of Control by the SC
Further Institutionalisation of AU–UN Relations: Moulding the Relations Towards a Division of Labour...
The Normative Framework of the APSA Regulating the Relations between the AU and the Sub-regional Organisations
Weak Institutional Links, ECOWAS as the Stronger Actor?
3 From the Broader Legal Framework to International Responsibility
The Law of Responsibility of International Organisations and the Practice of the UN
The ILC Articles on Responsibility of International Organisations
Article 7 of the Articles on the International Responsibility of International Organizations
Aid and Assistance – Compatible with Cooperation in Peacekeeping Operations?
Article 15: Direction and Control
The Quest for a New Criterion of Attribution
The Need for a Special Rule on Attribution for Peacekeeping Operations and Discussions to this Effect
Defining the New Rule of Attribution
Drawing Inspiration from Other International Legal Rules: (International) Criminal Law
A New Notion of Control: Normative Control
Distinguishing the New Criterion of Attribution from Cases of Other Forms of Responsibility (e.g., Aid and Assistance)
Application of the New Criterion of ‘Normative Control’ in Practice: Problems and Obstacles
Outlook for the Case Studies
The Attribution of Conduct and the Difficulty to Classify Intra-mission Cooperation
Attribution of Conduct of KFOR
The Attribution of Conduct of Acts and Omissions of KFOR under the Law of International Responsibility...
The Application of the Law of International Responsibility
Attribution of Conduct of KFOR – The Institutional and Normative Framework
Assessment of the Cooperation Arrangements and Implications for the Attribution of Conduct
Attribution of Conduct of UNAMID
The Political Process to Resolve the Conflict in Darfur and Political Oversight of UNAMID
The Chain of Command and Operational Control
Assessment of the Control Arrangements
Attribution of Conduct of UNISFA and UNMISS
Political Control/Chain of Command
Inter-mission Cooperation
The Political Level and the Political Process
Inter-mission Cooperation
Attribution of Conduct of AFISMA and MINUSMA
Establishment and Elaboration of the Mandate
Political and Strategic Control of AFISMA
Operational/Financial Support
Coordination and Cooperation between the International Organisations Regarding the Political Process
(Elaboration of the) Mandate
Appointment of the Force Commander
Strategic and Operational Level
Cooperation with the EU/EUTM Mali
Attribution of Conduct for MISCA and MINUSCA
Political Process and Control
UN-Assessed Contributions
EU Support Missions and Financial Support
Political Process and Political Control
The Attempt of a Typology of Intra-mission Relationships, Its Implications on International...
Chapter VIII Revisited – Regional Organisations as Being Bound by the System of Collective Security
5 The Law Applying in Peacekeeping Operations
The Applicable International Law to Peacekeeping Operations of International Organisations
Application of International Human Rights Law to International Organisations
International Organisations as Bound by the Human Rights Obligations of Their Members
The Specific Case of Accession to Human Rights Treaties
Human Rights Obligations of International Organisations as Part of General International Law
Human Rights Obligations of International Organisations on the Basis of Customary International Law
Human Rights Obligations of International Organisations on the Basis of General Principles of Law
The ‘Territorial Problem’ of Human Rights Application and Their Extraterritorial Application
Extraterritorial Jurisdiction under Human Rights Law
The Tailored Application of Human Rights Law to Peacekeeping Forces – From Bankovic to Al-Skeini
Derogations under Human Rights Law as Another Method to Divide and Tailor the Application of Human Rights Law
Application Ratione Personae of IHL to Activities of International Organisations
Application Ratione Materiae of IHL
The Relationship between Human Rights and IHL
Breach of an International Obligation in the Form of a Mandate of a Peacekeeping Operation
Breach of an International Obligation in the Form of the Obligations Arising under the Internal Law of the Organisations
6 Conclusions and Recommendations
Books, Articles and Other Literature
International Court of Justice
European Court of Human Rights
European Court of Justice
International Criminal Court
International Criminal Tribunal for the Former Yugoslavia
International Criminal Tribunal for Rwanda
Documents of International Organisations
International Law Commission
North Atlantic Treaty Organization
Economic Community of West African States
Documents of Other International Bodies
Institut de droit international
International Law Association
International Committee of the Red Cross