UJI researchers outline a good practice guide for European troops after analyzing respect for human rights in 24 peacekeeping missions



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## UJI researchers outline a good practice guide for European troops after analyzing respect for human rights in 24 peacekeeping missions Introducing human rights and establishing mechanisms for respect are key to legitimize the intervention of the European Union before receiving States

30/07/2013 |
Rosana Sanahuja

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* [![Milena Costas. projecte-atlas projecte_atlas](/com/noticies/2013/07/2q/projecte-atlas/projecte_atlas.jpg)](#)

  Milena Costas.

Does military and civilian personnel deployed by the European Union in peacekeeping missions respect human rights? Do they promote respect to human rights properly in receiving countries? A research has tried to answer these and other questions with the analysis of 24 missions in a large study from which researchers propose a good practice guide to promote the integration of human rights in the different EU missions, since performance in this area is key to consider EU action as legitimate. Research outcomes have been collected in the book *Mainstreaming Human Rights in EU CSDP Missions: A Transversal Analysis*, coordinated by researchers at the Universitat Jaume I. The study is part of the ATLAS project: *Armed Conflicts, Peacekeeping and Transitional Justice: Law as Solution*, developed with funding from the 7th Framework Programme of the European Commission. It has involved five European research groups.

"For the research, we established a set of parameters that had to be analyzed in each mission to determine how human rights were integrated", explains Milena Costas, coordinator of the publication. "We had to analyze, for instance, if human rights were integrated into the mandate of the mission itself, that is, between its objectives; if an expert in human rights had been appointed, and so on". While it is true that research has shown significant progress in human rights, Milena Costas highlights the need to move forward and implement the guidelines proposed by researchers, as it is critical, especially in peacekeeping missions, to be seen by the recipient countries as respectful of human rights. "You can not promote human rights when your own troops are not clear about their objectives and their limits. It is an inconsistency", she stresses.

Each mission has different characteristics. Thus, it is difficult to speak of a more or less respectful mission. For example, Milena Costas explains that EULEX-Kosovo mission, which aims to consolidate the rule of law, is very complex and ambitious, and for this reason human rights should be taken into account. However, in EUJUST LEX mission in Iraq, devoted in principle to the training of judges, human rights were not explicitly mentioned in the mandate until five years after its establishment. "This shortage is also an inconsistency since the mission in Iraq is aimed at establishing the rule of law, so that human rights issues are in fact an essential component of the mandate", she states. Such kinds of missions are very different from others. Among the strictly civilian ones, for example, there are missions to advise national authorities on defence, to support the training of military and police as EUSEC-RD Congo and EUPOL Afghanistan, or to supervise borders, as it was the case of EUMM-Georgia. In spite of the differences among missions, the research highlights the importance of having a protocol for integrating human rights applicable to all EU missions, either military or civilian. "Sometimes, the mandate stated that they sought, regarding police, to support national authorities to adapt its legislation to international and European standards and best practices in human rights, but without specifying which ones".

As the researcher explains, military operations such as EUNAVFOR-Somalia, where EU intervention is aimed at combating piracy, are very different. "Here there is indeed an explicit authorization of the use of force. The human rights issue is applicable in relation to the action before the capture and treatment of pirates once caught, in particular to determine what kind of rights they have, who is the responsible if something happens during the arrest and what are the applicable standards in the process. Currently, the EU has signed agreements with some states including Kenya to judge pirates in that countries”, Costas adds.

**Lack of definition of responsibilities**

"It is true that few EU missions have had to resort to force, but it is necessary to provide mechanisms to debug responsibilities, especially when there are excesses”, says the researcher, arguing that States themselves should solve this and other problems. "They are the first interested that, if there are human rights violations, they are resolved, and to have mechanisms to do so". Currently, the agreements reached by the European Union and the receiving States provide that if there are human rights violations, they have to be judged by the courts of the state that sent troops. "This solution is very difficult to implement, because the witnesses and evidence are there, the victims are people who have no access to foreign courts, etc. Furthermore, in cases where there was an appeal, responsibility is diluted since they are national contingents participating in EU mission, who in turn may join a United Nations action...” Research shows that "this lack of responsibility is detrimental to the EU, so we propose to create a suitable mechanism to account for rights violations established in a clear and public manner from the beginning, and that is valid for all missions”.

Regarding the development of research, Costas regrets that sometimes they have found trouble accessing the data they needed. “Despite the image of transparency they give, many documents were confidential. If you stay in the superficial details, there is no problem, but going in depth has been difficult some times”, she laments. To analyze missions, field studies were also conducted by two experts in Bosnia Herzegovina and Kosovo, where they met with other experts, representatives of the EU, NATO, OSCE, etc.

In addition to the Guide to Good Practices and Transversal Analysis, the European project has also resulted in the development of a Code of Conduct specifically aimed at EU staff involved in peace missions. "Nowadays, we don’t have a code targeted at military personnel involved in an EU mission to know what the limits on their actions before deployment are. This is based on the rules of behaviour that each of their own national contingents has. If it is a mission related to the United Nations, it is based on the UN code of conduct itself, but there is no reference document at EU level”, she explains. For researchers, the formal adoption of the code that has been developed would help create a European identity also in the field of Common Security and Defence Policy, a very complex area that usually requires unanimity of all Member States to adopt decisions.

The Code of Conduct drawn through the ATLAS project specifically identifies relevant standards on human rights and sets the limits on the use of force by military personnel and the rules that apply when there are situations of hostility. “The adoption of a Code of Conduct as the one we have developed would recognize the rules without having to specify whether military personnel take a direct part in armed conflict or not”, the researcher says. Although it is not legally binding, the Code of Conduct is a way to avoid the contradiction that often occurs when trying to apply to peacekeeping missions a legal and regulatory body on international humanitarian law, which binds States or organized armed groups taking part in an armed conflict, but not international organizations. "In applying these standards we are admitting that our military are engaged in an armed conflict, something that is legally controversial and hard to assimilate by the public opinion when it comes to peacekeeping missions."

Atlas Project: <http://projetatlas.univ-paris1.fr/>

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