نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری رشته حقوق بین الملل عمومی، دانشگاه قم، قم، ایران
2 گروه حقوق بین الملل، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Nowadays, it is fully accepted that United Nations peacekeeping forces, when resorting to the use of force and becoming involved in an armed conflict, acquire a military character and, like other armed forces, are bound to comply with international humanitarian law. Given that these forces are contributed by States to the United Nations and may, in the course of their mandate, commit violations of international humanitarian law, the main question of this article concerns responsibility for such violations and the competent forum for adjudication.
Using a descriptive–analytical method and relying on library-based research and an examination of international conventions and instruments, this article seeks to answer the questions raised. It argues that responsibility for violations of international humanitarian law in peacekeeping operations primarily lies with the entity exercising effective control over the operation. At the same time, the responsibility of the United Nations or States does not exempt peacekeepers from individual criminal responsibility. Although peacekeepers enjoy immunity in the territory of the host State, such immunity does not preclude proceedings before the national courts of their State of nationality. Moreover, in cases involving the commission of serious international crimes, peacekeepers may also be subject to prosecution before foreign courts under the principle of universal jurisdiction or before the International Criminal Court.
کلیدواژهها [English]
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