The evolution of UN peacekeeping and challenges for International Humanitarian Law

The article analyzes the evolution of peacekeeping activities from decisive peacekeeping to peace enforcement and the legal regime governing the use of force by units in modern peace and security operations under the auspices of the United Nations (UN). The process of changes in the use of force is examined in accordance with the division between tactical and strategic levels. It has been established that the more decisive use of force in international peace and security operations originates from Chapter VII of the UN Charter, which duly allows the use of all necessary means. The mandate of a peacekeeping mission obtained in accordance with Chapter VI may subsequently be transformed into a full-fledged peace enforcement operation based on Chapter VII. In combination with intervention brigades that use more force than is permitted by law, UN peacekeeping missions can undermine confidence in these operations, thereby blurring the conceptual distinction between peacekeeping and peace enforcement. To this end, the concepts of “peacekeeping”and “peace enforcement” and the main differences between them have been clarified. The example of the Intervention Brigade in the Democratic Republic of Congo (DRC) illustrates the decisive changes associated with the creation of offensive combat forces and their involvement in armed conflict, which in turn has an impact on the changing philosophy of UN peacekeeping activities and the urgent need to clearly define the legal regime governing their activities. The article clearly states that International Humanitarian Law is the primary and mandatory legal regime that defines the limits of the use of force and regulates the activities of peacekeeping forces within the Intervention Brigades during their direct involvement in military operations. It is predicted that the future of international peace and security operations will increasingly be linked to potential mandates for the enforcement of peace with the involvement of regional organizations (based on Chapter VIII of the UN Charter).