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
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.
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).
Jean-Marie HENCKAERTS and Louise DOSWALD-BECK, eds., Customary International Humanitarian Law, ICRC, (Cambridge University Press, 2009)
Documents
ICJ, Nuclear Weapons Case (1996), Advisory Opinion
ICTY, Kupreskic Case, Judgment, January 14, 2000
ICTY, Kordic and Cerkez Case, February 26, 2001
UN Commission on Human Rights, Res. 1995/89, 8 March 1995
UN Commission on Human Rights, Res. 1995/91, March 8, 1995
UN General Assembly, Res. 47/121, 18 December 1992
UN General Assembly Res. 69/88 (December 16, 2014)
UNRWA ‘Conference of High Contracting Parties to the Fourth Geneva Convention: Statement by UNRWA (December 17, 2014)
UN Security Council, Res. 1265, September 17, 1999
Lesani, S. H. (2018). 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. Iranian Review for UN Studies, 1(1), 99-118. doi: 10.22034/iruns.2018.80918
MLA
Seyed Hesamoddin Lesani. "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". Iranian Review for UN Studies, 1, 1, 2018, 99-118. doi: 10.22034/iruns.2018.80918
HARVARD
Lesani, S. H. (2018). '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', Iranian Review for UN Studies, 1(1), pp. 99-118. doi: 10.22034/iruns.2018.80918
VANCOUVER
Lesani, S. H. 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. Iranian Review for UN Studies, 2018; 1(1): 99-118. doi: 10.22034/iruns.2018.80918