Protection of Places with The UN Flag (UN Premises) During Armed Conflicts in The Framework of the Contrast Between International Humanitarian Law And UN Regulations

Document Type : Original Article

Author

Assistant professor in Hazrate Masoumeh University

Abstract

Given that the UN has increased its humanitarian activities over the past years and sometimes uses its own places and bases to shelter displaced civilians, the protection of such places during armed conflicts is an issue that can be a subject of an independent study. International humanitarian laws, both customary and conventional, call for the places with a UN flag to be granted immunity. The statute of the International Criminal Court has, particularly, taken the issue into consideration. The UN regulations, including the Convention on the Privileges and Immunities of the United Nations (1946), too, have taken into account the issue to a greater extent. Still, there remain certain contradictions between the aforementioned legal instruments that will be discussed in the current paper. Nonetheless, the international humanitarian laws and the UN regulations, aimed at protecting the UN flag, have been sadly trespassed during recent wars and armed conflicts worldwide.

Keywords

References

  1. References:

    Books

    1. Lance BARTHOLOMEUSZ, The Legal Framework for Protection of United Nations Humanitarian Premises during Armed Conflict, Volume 18, (Max Planck Yearbook of United Nations Law Online, 2014).
    2. Jean-Marie HENCKAERTS and Louise DOSWALD-BECK, eds., Customary International Humanitarian Law, ICRC, (Cambridge University Press, 2009)

     

    Documents

    1. ICJ, Nuclear Weapons Case (1996), Advisory Opinion
    2. ICTY, Kupreskic Case, Judgment, January 14, 2000
    3. ICTY, Kordic and Cerkez Case, February 26, 2001
    4. UN Commission on Human Rights, Res. 1995/89, 8 March 1995
    5. UN Commission on Human Rights, Res. 1995/91, March 8, 1995
    6. UN General Assembly, Res. 47/121, 18 December 1992
    7. UN General Assembly Res. 69/88 (December 16, 2014)
    8. UNRWA ‘Conference of High Contracting Parties to the Fourth Geneva Convention: Statement by UNRWA (December 17, 2014)
    9. UN Security Council, Res. 1265, September 17, 1999
    10. UN Security Council, Res. 757, May 30, 1992
    11. UN Security Council, Res. 788, 19 November 1992
    12. UN Security Council, Res. 1173, June 12, 1998
    13. UN Security Council, Res. 587, 23 September 1986
    14. UN Security Council, Res. 1099, March 14, 1997
    15. UN Security Council, Res. 1036, January 12, 1996
    16. UN Security Council, Res. 1313, 4 August 2000
    17. UN Security Council, Res. 1075, 11 October 1996
    18. UN Security Council, Res. 1087, December 11, 1996

     

Iranian Review for UN Studies
Volume 1, Issue 1 - Serial Number 1
September 2018
Pages 99-118

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