Limits and Infinities in the Protection of Civilians: Reflections on the UN Peacekeeping Operations in South Sudan

Abstract

This paper will reveal how the UN Security Council attempts to realize its goal of protecting civilians (non-combatants) in armed conflict, and what limitations it faces. In particular, it focuses on the barriers inherent in the mandate of UN peacekeeping operations. What were the limits to the protection of civilians by UN peacekeeping operations during the civil war in South Sudan? The paper will discuss this and state that the protection of civilians is a never-ending human endeavor.

There are at least four situations in which the barriers inherent in the mandate of UN peacekeeping operations are obstacles to the protection of civilians. First is interference with civilian protection by the government or military of a party to the conflict. This means that it is impossible for UN peacekeeping forces to establish a cooperative relationship with such governments or militaries regarding the protection of civilians when they use violence against civilians.

Second is the lack of willingness and ability of UN peacekeeping operations to protect civilians. UN peacekeeping operations protect civilians in the areas in which they are capable and deployed. This means that they do not fulfill their responsibilities regarding the protection of civilians in situations beyond the capabilities of UN peacekeeping operations. It also means that geographically, the target population to be protected will be constrained to the area in which the military can be deployed.

Third is the reluctance of UN peacekeeping operations to use force. UN peacekeeping operations may invoke all necessary measures under Chapter VII of the UN Charter to protect civilians. Not only may the contributing country fear that its soldiers will be killed or wounded in an armed conflict, but it may also lack the capacity to return fire due to inadequate training and equipment. Contributing countries are unlikely to be willing to risk their own soldiers to protect the lives of civilians in a party to a conflict.

Fourth is the inequity of civilian protection by UN peacekeeping operations. Because UN peacekeeping operations have limited personnel, equipment, and budgets, they cannot protect all civilians in conflict areas. This would mean that only some civilians would be protected and others would not.

However, the protection of civilians cannot be denied on the basis of its limitations. This is because the protection of civilians through UN peacekeeping operations has helped a significant number of conflict victims. However, the protection of civilians through UN peacekeeping operations is not perfect. Protection of civilians is an endless activity that will never be completed and will continue until the end of humanity.