International Peace Missions and the Prevention of Ill-Treatment: Legal Aspects of UN Policing and Detention

This article gives an overview of UN policing and the prevention of ill-treatment. Detailing the tasks performed by UN Police in peacekeeping, the article shows levels where the prevention of ill-treatment may have an effect. In difficult post-war situations, the UN and its personnel may be challenged to adhere to the standards of international human rights law, especially related to the prohibition of torture and ill-treatment. For example, UN peacekeepers have detained civilians since the beginning of the success story of their operations. However, not all legal problems concerning detention in peace missions have been solved to date. This article highlights the legal backgrounds: Which law must be followed? Which human rights standards must be taken into account during UN operations? Primarily, the following components are being discussed: the preconditions for detention as such, the minimum conditions for detention (the treatment of detainees) as well as the procedural rights of detainees. Furthermore, the article focuses on the UN Standard Operation Procedure on Detention in UN Peacekeeping Operations. Finally, accountability as well as conduct and disciplinary measures are examined briefly.