Risk Distribution between UN Peacekeepers and Local Civilians: An Ethical Analysis

Since the beginning of UN peace operations, there has been discussion as to exactly how they should be carried out. Thus far, a just theory of UN peacekeeping operations has not yet been formed, in the way a Theory of Just War for waging war or a theory of police ethics for law enforcement in a peace context had been formed. The article discusses what a justified risk distribution between UN peacekeepers and local civilians should be. One of the points of criticism of UN peacekeeping missions is the lack of protection of the local population in the course of an escalating situation. Familiar examples are the traumas of Rwanda (1994) and Srebrenica (1995). Discussing differences between UN peacekeeping missions, warfare, and law enforcement, it appears that peacekeepers have more in common with law enforcers than with combatants during wartime. Through the method of analogy and by applying some typically military ethics principles, the moral status of the UN peacekeepers is analyzed. Finally, a risk distribution analysis between UN peacekeepers and the local population is carried out, by offering a concise overview by philosophers of arguments for and against taking fewer risks by peacekeepers. The analysis reveals important deontological and consequentialist arguments. Taking also into consideration that transferring more risk to the peacekeeping troops alone does not mandatory lead to less exposure to risk of the vulnerable and innocent local civilians, it can be concluded that a more practical, virtuous, responsible risk calculation will be necessary at that point to find the best risk distribution.

1. Amnesty International. (2016) Sudan: Credible Evidence of the Use of Chemical Weapons to Kill and Maim Hundreds of Civilians Including Children in Darfur Revealed. Retrieved from https://www.amnesty.org/en/latest/news/2016/09/sudan-credible-evidence-chemical-weapons-darfur-revealed/

2. Blocq D.S. (2006) The Fog of UN Peacekeeping: Ethical Issues Regarding the Use of Force to Protect Civilians in UN Operations. Journal of Military Ethics. Vol. 5, no. 3, pp. 201–213.

3. Fleck D. (2013) The Legal Status of Personnel Involved in United Nations Peace Operations. International Review of the Red Cross. Vol. 95, no. 891/892, pp. 613–636.

4. Kasher A. & Yadlin A. (2005) Military Ethics of Fighting Terror: An Israeli Perspective. Journal of Military Ethics. Vol. 4, no. 1, pp. 3–32.

5. Katayanagi M. (2002) Human Rights Functions of United Nations Peacekeeping Operations. The Hague: Martinus Nijhoff Publishers.

6. Luban D. (2011) Risk Taking and Force Protection. Georgetown Public Law Research Paper. No. 11–72.

7. McMahan J. (2004) The Ethics of Killing in War. Ethics. Vol. 114, no. 4, pp. 693–733.

8. McMahan J. (2010) The Just Distribution of Harm between Combatants and Noncombatants. Philosophy & Public Affairs. Vol. 38, no. 4, pp. 342– 379.

9. Murphy R. (2003) United Nations Military Operations and International Humanitarian Law: What Rules Apply to Peacekeepers? Criminal Law Forum. Vol. 14, no. 2, pp. 153–194.

10. Nsia-Pepra K. (2017) Moral Obligation: UN Missions Should Not Abandon Vulnerable Civilians in Critical Times. Global Peace Operations Review. Retrieved from https://peaceoperationsreview.org/thematic-essays/moral-obligation-un-missions-should-not-abandon-vulnerable-civilians-incritical-times/

11. Orend B. (2007) Jus Post Bellum: The Perspective of a Just-War Theorist. Leiden Journal of International Law. Vol. 20, no. 3, pp. 571–591.

12. Pfaff T. (2000) Peacekeeping and the Just War Tradition. Carlisle, PA: Strategic Studies Institute.

13. SEEBRIG Handbook for Peace Support Operations (Part 2) (2000). Retrieved from http://www.seebrig.org/publications/info-booklet/doc_download/49-pso-handbook-2.html

14. Tucker K.K. (1998) Assessing The Prospects and Limitations of Military Operations Other Than War (research report). Alabama: Maxwell Air Force Base.

15. United Nations. (2015) High-level Independent Panel on UN Peace Operations (HIPPO) report. A/70/95–S/2015/446. Retrieved from https:// www.un.org/en/ga/search/view_doc.asp?symbol=S/2015/446

16. Van Goozen S. (2018) Harming Civilians and the Associative Duties of Soldiers. Journal of Applied Philosophy. Vol. 35, no. 3, pp. 584–600.

17. Walzer M. (1977) Just and Unjust Wars: A Moral Argument with Historical Illustrations. New York: Basic Books.

18. Yun S.Y. (2015) The Imbalance In Countries Contributing UN Peacekeeping Troops. Stimson. Retrieved from https://www.stimson.org/2015/imbalance-countries-contributing-un-peacekeeping-troops/