The presentation by Maj Gen Nilendra Kumar discusses the pressing legal issues in UN peacekeeping operations, highlighting challenges such as IHL compliance, host government relations, and the need for improved intelligence coordination. It addresses the implications of peacekeeping forces' involvement in armed conflicts, protection for peacekeepers, and issues of sexual exploitation. The conclusion emphasizes the necessity for engagement among troop contributing countries, member states, and the UN Secretary-General to effectively tackle these legal challenges.

1. UN PEACE KEEPING
PRESSING LEGAL ISSUES

2. Presentation
by
Maj Gen Nilendra Kumar
Executive President
Indian Society of International Law

3. CURRENT PEACE KEEPING OPS
1. Western Sahara
2. Kosovo
3. Cyprus
4. UNDOF
5. Lebanon
6. UNTSO
7. Abyei
8. South Sudan
9. MINUSCA
10. Congo
11. India & Pak

4. MAJOR CHALLENGES
1.IHL Compliance
2.Protection of humanitarian space
3.Need for greater participation for women

5. CLARITY OF MANDATE
Range of tasks assigned to UN peace operations has expanded
significantly due to shifting patterns of conflict.

6. FRAGILE RELATIONSHIP
WITH HOST GOVERNMENT
*fragmented command chains

7. CHALLENGES IN INTELLIGENCE
Peacekeeping intelligence
policy of 2017, revised in 2019.

8. STANDARDISATION OF TRAINING
1.Formulate and share best practices
2.Interoperability of missions
(a) Difficulties with coordination
(b) Problems of data management
(c) Shortage of pers with int expertise

9. UNCHECKED FLOW OF WEAPONS
1.Wide spread availability
2.Poor regulation
3.Misuse of arms & amn

10. CENTER FOR UN PEACE KEEPING
(CUNPK)
1.India
2.Bangladesh
3.Nepal
These three are in top five troop contributing countries

11. PENDING ISSUE
Whether a peace keeping
Misson’s direct involvement in regular armed clashes
makes it a party to an armed conflict?

12. PROTECTION AND LOSS OF PROTECTION
FOR PEACE KEEPERS
1. When it becomes a party to an armed conflict and engages
in military operations.
2.All military personnel would collectively lose the protection.

13. SEXUAL EXPLOITATION AND ABUSE BY
PEACE KEEPERS
1. Difficulties in prosecution.
2. Corrective actions.

14. RESPONSIBILITY OF UN FOR ACTS BY ITS
PEACE KEEPERS
1. UN is responsible.
2. However, certain specific actions could be attributed to a
state.

15. CORRECTIVE ACTIONS BY THE SECRETARY
GENERAL
1. Appointment of Victim’s right advocates.
2. Formulation of a written documents between the Secy
Gen and Member States.
3. Setting up a circle of leadership.

16. CONCLUSION
Troop contributing countries, member states
and the Secretary General must regularly and
actively engage to resolve the legal challenges.