Peacekeeping e MONUSCO

No. 83 – July 201683. Gasperini

Author: Andrea Gasperini
Language: Italian
Democratic Republic of Congo
International Criminal Law
Peacekeeping Operation

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Since the U.N. peace operations have grown in number, complexity and robustness, there are some legal issues which are particularly important to study. This report analyzes the international criminal law implications that arise from the decision of the U.N. Security Council to create the first ever offensive force – the Intervention Brigade – within the peace-keeping operation MONUSCO in the Democratic Republic of Congo. On one hand, it argues that the mixing of peacekeeping activities mandated to the MONUSCO “regular” multinational force (with the offensive operations carried out by the blue helmets of the Brigade) has blurred the line between peace-keeping and peace-enforcement operations and thus, taking into account the jurisprudence of international criminal courts, any attack against MONUSCO personnel and installations could hardly be considered a war crime as laid down in article 8(2)(e)(iii) of the Rome Statute of the International Criminal Court. On the other hand, on a more general level, it analyzes the circumstances in which peacekeepers are involved in wrongful acts committed during their deployment and the way Troop Contributing Countries and the U.N. can face these situations from a legal point of view.