Acceso usuarios
Noemi Corso
The article moves from the legal debate on the applicability of the law of military occupation to peace operations under UN command and control, and it challenges several arguments put forward by the doctrine to rule the issue out, or to solve it by analogy or de facto. Indeed, the applicability of occupation law to the UN should be assessed only on the basis of the «factual» criteria for determining a state of occupation by one or more States for the purpose of IHL. The changing nature of peace-keeping operations, the advent of complex and integrated missions and the uncertain character of consent shown by practice demonstrate that no objection of principle could prevent the use of occupation law as a valid legal framework - besides the Security Council mandate - for regulating actions taken by UN forces.
