Model Codes for Criminal Justice and Peace Operations: Some Legal Issues
Melbourne Law School
Journal of Conflict and Security Law, Vol. 9, Issue 2, pp. 253-275, 2004
The author examines the need to develop generic model codes of criminal justice for peace operations. He argues that any changes to the domestic criminal law and procedure of a host state introduced by peacekeepers should only occur where it is necessary and reasonable to achieve an appropriate balance between maintaining security and ensuring that the administration of the local population takes account of local and accepted international standards.
If there is a need to change the criminal justice system in a host state it is necessary to identify the legal basis for doing so. The author argues that international law permits states to interfere in the domestic jurisdiction of another state in limited circumstances. These circumstances are: by consent of the host state; pursuant to a Security Council resolution in which the Security Council is exercising its enforcement powers; or pursuant to the laws of occupation. The author concludes that the most appropriate manner in which to implement changes to the domestic criminal law and procedure of a host state is to seek the consent of that state. If consent is refused, chapter VII of the UN Charter or the law of occupation may provide a legal basis for peacekeepers to implement changes that are considered to be necessary and reasonable.
Accepted Paper Series
Date posted: February 29, 2008
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