In September 2024, the United Nations published the United Nations Military Manual (hereinafter the Manual), as «a reference to guide United Nations military unit commanders, staff and troops in predeployment preparation, planning and the efficient conduct of operations for the effective execution of Security Council mandates» (foreword).
Military manuals are the most common and formal manner for a state’s political and military leaders to codify and communicate its directives to its armed forces. Most states address in their national military manuals mainly operations under International Humanitarian Law (IHL). In the past five years numerous countries, such as Denmark, France, USA, as well as other stakeholders (ICRC, European Union, Joint Staff College of the Armed Force of Argentina) have addressed in their publications the whole spectrum of military operations, including peace operations.
This post aims to highlight the Manual’s contribution to international law, as a necessary UN publication for military authorities, policymakers, and peace operations planning, with a focus on IHL and International Human Rights Law (IHRL). The author will argue that the Manual constructively addresses the complex legal regime by providing explicit guidance to all stakeholders, serving as the foundation for member states and other stakeholders to step up their force training to face new challenges and prevent repeating unpleasant experiences.
The Role of Military Manuals in International Law
Law, both national and international, is becoming increasingly relevant in the activities of the Defense sector. Military manuals are crucial to the successful execution of military missions. The UK Manual on the Law of Armed Conflict (1984), recalls that military commanders must take into account a broad and increasingly complex body of operational law when conducting operations. The French Manuel de droit des operations militaires (2022), apart from explaining to a wider audience how the French authorities interpret the rules of law applicable to the French armed forces in the operations they carry out on national territory or abroad, in times of peace or armed conflict, it also serves as “a form of influence”. The US DoD Law of War Manual (updated 2023), recalls the Lieber Code as one of its distinguished antecedents (p. v-vi) and reflects to manuals of UK, Germany, Australia and the Canada as having greatly benefited of.
The importance of the Military Manuals as elements in shaping the customary rules of IHL is stated in the jurisprudence of international and national courts. Examples are the International Criminal Tribunal for the Former Yugoslavia (ICTY) in the Tadic case (para 99); the Israeli Supreme Court, in the case of The Public Committee against Torture in Israel et al. v. The Government of Israel et al (para 30) and the Special Court for Sierra Leone, in the decision of the Court of Appeal in the Fofana case, (para. 391 et seq.). Furthermore, the International Committee of the Red Cross in its Study of Customary International Humanitarian Law (Volume I, page xxxix), specifically refers to the significance of military manuals as they constitute State practice.
Is there a need for a (new) UN Military Manual?
Until the publication of the new Manual, the basic principles and guidelines for the military components of UN peacekeeping operations were fragmented and could be found in a variety of Unit Manuals, such as Military Engineers Manual, Military Special Forces Units, Military Police Units and Military Aviation Units manuals. The United Nations Infantry Battalion Manual, served as the foundation of these manuals, with the most recent revision occurring in January 2020, nearly five years ago. Furthermore, United Nations peacekeeping guidance is available and up-to-date for the Member States on the United Nations Peacekeeping Resource Hub.
As stated in the Manual, peacekeeping missions have become more complex and are facing various security challenges comprising of asymmetric threats; intra-State armed conflicts; acts of terrorism; civil unrest; violent criminality; movements of population; and widespread human rights violations. The need to adapt peace operations to better respond to existing challenges and new realities was also addressed at the Pact for the Future, which was unanimously adopted by the Heads of State and Government, at UN General Assembly earlier this September.
In this context, the Manual covers the strategic guidance, operational efforts and tactical activities required for the effective conduct of military components in United Nations operations, from the strategic down to the tactical level. Thus, Chapters 1 through 4 concentrate on various strategic and operational policies and guidelines, while Chapters 5 through 9 discuss the methods and features of operational and tactical-level initiatives.
Rule of Law – IHL – ROEs – Use of Force
The Manual advocates primarily the importance of adhering to the rule of law, in its most basic form, i.e that no one is above the law. Moreover, and in accordance with the mission mandate, the Manual underlines the circumstances under which military personnel may be required to assist in strengthening the rule of law, in collaboration other stakeholders.
The legal framework of United Nations peacekeeping operations derives from the Charter of the United Nations, customary international law, international human rights law, international humanitarian law, international refugee law and international criminal law and it further includes the various conventions that address the privileges and immunities of the United Nations and the safety of its associated personnel; the Optional Protocol; the Secretary-General’s bulletin on observance by United Nations forces of international humanitarian law; the relevant Security Council mandate or resolution; the status-of-mission or status-of-forces agreements with the host nation; mission-specific rules of engagement (ROE); and agreements or memorandums of understanding (MOUs) with troop-contributing countries (TCCs), other Member States and regional bodies.
The Manual stresses the importance of United Nations peacekeepers to have a clear understanding of the principles and rules of IHL and observe them in situations where they apply in accordance with the Secretary-General’s bulletin on observance by United Nations forces of international humanitarian law. The Manual also highlights the need for Commanders to ensure understanding by all military personnel and full compliance with the ROE to prevent and respond to harm to civilians and vulnerable populations as well as to have a clear understanding of the shifting patterns of conflict and cross-cutting tasks to be executed by the military component and prioritize situations of greatest concern.
The Manual also addresses one of the principles of traditional peacekeeping which is the use of force only for self-defence or in defence of the mandate. Attention is given to commanders and their units for the need to have the correct mindset and to not fear the use of force when necessary. The use of force, as stated, must be within the limits of the ROE.
Human Rights Law
Human rights are manifestly stated in the Manual as one of the functions and components of the diverse range of Peacekeeping operations, since the success or failure of civilian and human rights protection has a significant impact on the mission’s and the United Nations’ perceived legitimacy and credibility in the eyes of the host country, the local population, and the international community. Therefore, the Manual stresses the importance of UN forces to respect, promote and encourage respect for human rights law, while performing tasks such as patrolling, observation, liaison with host country military counterparts, and training of local armed and security forces as well as to familiarize themselves with the Policy on Human Rights Screening of United Nations Personnel.
As stated in the Manual, the protection of civilians is one of the main tasks for peacekeeping operations, mandated by the Security Council since 1999 when it authorized the first peacekeeping operation tasked to protect civilians under imminent threat of physical violence, a task that has been further defined in the aftermath, showcasing international community’s determination to prevent the most serious violations of international human rights. Therefore, the Manual clearly stresses the authorization of peacekeeping missions with a mandate to protect civilians to act independently when the host State is unable or unwilling to do so, or where government troops represent a threat to civilians.
The Manual additionally highlights the close relationship and complementarity between the mission’s mandates on human rights, protection of civilians, child protection in accordance with Policy on Child Protection in United Nations Peace Operations and conflict-related sexual violence especially when used strategically for military or political gain, or is widespread or systematic, in accordance with Security Council resolutions 1820 (2008), 1888 (2009) and 1960 (2010).
Concluding remarks
The United Nations Military Manual appears to meet its clearly stated goal of covering the strategic guidance, operational efforts, and tactical activities necessary for the effective conduct of armed components in United Nations operations. From a legal standpoint, it provides military commanders, who are the primary beneficiaries of this document, with a quick but detailed overview of the various challenges they may encounter throughout the planning and/or implementation phases of all types of current peacekeeping operations. Future field practice and acceptance by member states and contributing forces, such as reference of the Manual’s provisions in national military manuals or mission mandates, will support this viewpoint.
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