APPLICATION OF INTERNATIONAL HUMANITARIAN LAW IN PEACE SUPPORT OPERATIONS

(A CASE STUDY OF UNITED NATIONS MISSION IN MALI)

By

Author

Presented To

Department of Law

ABSTRACT
International Humanitarian Law which is made up of rules established by treaties or customs that limit the rights of parties to a conflict to use the methods or means of warfare of their choice and protects persons who do not take part in a conflict, is principally meant to reduce the impact of war on humanity. The United Nations Organisation is mandated to observe the provisions of International Humanitarian Law in its operations but instead of helping to reduce the impact of conflict on humanity in Mali where the United Nations Mission is keeping peace, the application of the law has worsened the impact of the conflict on civilians and United Nations personnel inclusive, due to challenges facing it. The various armed groups in Mali see the strict observance of the International Humanitarian Law by the United Nations peacekeeping force in Mali as a weak point which they have continued to exploit to inflict heavy casualty on Malian population that the peacekeeping force is meant to protect and on the civilian and military peacekeepers alike. This is because the peacekeeping force has remained defensive and less proactive. The situation is not getting any better. Over 10,000 peacekeeping troops from 50 countries are deployed in Mali in the Mission that began in 2013, meanwhile almost 200 peacekeepers, including military and civilian personnel have been killed since the inception of the mission and hundreds of unarmed Malian civilians have been killed. Even as this research was ongoing, the killing continued. For instance, on Saturday, 23 March 2019, about 134 civilians were killed in central Mali by armed groups while on 9 June 2019, about 95 civilians were also killed in central Mali, including 24 children. All these made the United Nations to classify the United Nations Mission in Mali as the most dangerous United Nations‘ mission in the world. This research was therefore aimed at establishing how International Humanitarian Law is meant to apply in peacekeeping operations, with particular reference to Mali. The objective among others was to determine the steps to be taken to ensure compliance with International Humanitarian Law in the Malian conflict, which will make the law to achieve the purpose for which it was made, with particular reference to Mali. This work is based on doctrinal and teleological research methods. In terms of doctrinal research methodology, the researcher made use of conventions and United Nations Charter as primary sources and textbooks, journals and articles as secondary sources. With regard to teleological research methodology, this researcher made use of his practical experience as the Force Legal Adviser of the United Nations Mission in Mali between 2015 and 2017. This involved training United Nations and state armed groups on the provisions and applications of International Humanitarian Law. The research found among others that there is no reciprocal application of International Humanitarian Law by some non-state armed groups in Mali, there is poor attitude of some peacekeepers to training, the judicial system in Mali is weak and non-state armed groups operate within populated areas thereby endangering the lives of civilians and making the observance of International Humanitarian Law in those areas difficult. As a way of solving the problem, the research recommended full implementation of peace enforcement by the United Nations Mission in Mali, the need to build the capacity of Malian judicial system, enhancement of pre-deployment and in-mission training of the peacekeepers and the need for strict application of the principle of distinction in International Humanitarian Law in the operations in Mali. The researcher believes that if these recommendations are executed, the application of International Humanitarian Law in the United Nations Mission in Mali will be highly enhanced, and several human lives will be saved and the law would have achieved the purpose for which it was made in the first place.