The Human Rights Treaty Obligations of Peacekeepers
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Do States, through their military forces,
have legal obligations under human rights treaties towards the local civilian
population during UN-mandated peace operations? It is frequently claimed that it
is unrealistic to require compliance with human rights treaties in peace
operations, and this has led to an unwillingness to hold States accountable for
human rights violations. In this book, Kjetil Larsen criticises this position by
addressing the arguments against the applicability of human rights treaties and
demonstrating that compliance with the treaties is unrealistic only if one takes
an 'all or nothing' approach to them. He outlines a coherent and more flexible
approach which distinguishes clearly between positive and negative obligations
and makes treaty compliance more realistic. His proposals for the application of
human rights treaties would also strengthen the legal framework for human rights
protection in peace operations without posing any unrealistic obligations on the
military forces.