The Law on Military Occupation: Answering the Challenges of Detention During Contemporary Peace Operations

Abstract

Based on the author's personal experience, this think piece explores how the law on military occupation provides some answers to challenges faced by peace keepers when they are involved in taking and handling detainees. The think piece recognizes that the law on military occupation is context sensitive enough to provide a firm basis from which to ensure peace keepers do not abuse some of the most fundamental rights detainees are entitled to. However, it also recognizes that the law on military occupation is increasingly being critiqued from the perspective of its failure to meet some fundamental human rights standards relating to the treatment of detainees. The think piece concludes that there remains a need to give further thought as to whether the international community needs to develop a lex specialize or special regime that focuses specifically on peace keepers taking and handling detainees.

Keywords: peace operation, detention, occupation, military, peacekeeper, detainee

JEL Classification: K33