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The Military Law and the Law of War Review
PUBLISHED UNDER THE AUSPICES OF THE INTERNATIONAL SOCIETY FOR MILITARY LAW AND THE LAW OF WAR

 
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Review 2006 - Volume 45

Pierre THYS

Summary - Le recours aux forces armées en tant que forces de police au cours d’opérations de maintien de la paix

Based on a transnational questionnaire, the Committee on Military Criminology had decided to explore some various police tasks assigned to military forces in the framework of an international mandate.

Globally, the analysis of the answers reflect that - in the Balkans as well as in Afghanistan and in Africa - armed forces under international mandate take over non technical police tasks: armed standby at main crossroads, patrol in the streets, check-points, monitoring of public buildings. However, military units provide specific missions in relationship with military abilities and post-war : search and destroy weapons, disarming former combatants, search for war criminals, search for illegals, mercenaries, patrol the borders, monitor airports.

Military units are never in charge of administrative or criminal police. They don’t have to monitor prisons. They don’t contribute significantly to restoring the justice system.

However, if we recall the situation when troops came into three countries, Kosovo was widely anomic, Afghanistan was disorganised, and the rule of law seemed better preserved in Eritrea and Ethiopia. Thus, the action of military units could appear as similar, even if local context is different.

Military presence in post-war situation seems to be a standby presence, with high visibility of heavy equipment, vehicles, soldiers in uniform, etc. (aerial patrols in Afghanistan, heavy vehicles in Kosovo, etc.), in specific urban areas (crossroads, public buildings), in several specific areas (airports, borders), to maintain movings, command of space, and communications.

Deterrence is the main role assumed by troops under international mandate, and it contributes to reassure the population and local or international agencies (UN, NGO’s), but there is in fact a lack of specific actions with a relation to usual military abilities.

Several national groups have highlighted the opportunity of sending military police units in operations, for having concrete military interventions coordinated with civilian authorities (like the “Vigipirate plan” in France ?).