The Language of the Protection of Civilians Mandate and the Primary Responsibility of the State: A Legal Norm for Peace and Security

Abstract

When the Security Council mandates the protection of civilians mandate in UN peacekeeping missions, it inadvertently forms an obligation on States involved with UN peace missions. To affirm the concept of State sovereignty, the Security Council constantly references ‘the primary responsibility of the State to protect’ within their resolutions. This developing norm, beginning within the protection of civilians mandate, is an expansion of existing obligations under ihl and ihrl. Within the text of Security Council resolutions there is an obligation that States who are a party to a niac are responsible for peace and security. Therefore, force should be used for peace and security, rather than for “triumphing” in the conflict or entrenching power. As such, a State can achieve its obligations under ihl when governments take all reasonable steps to conclude the conflict, for any hostilities within civilian areas by its very nature is a breach of a State’s obligation and responsibility to protect their own civilians.