「인도주의 통로」의 국제법적 관점과 도전 과제

권구일 ( Gwon Guil ) 국방대학교 PKO센터 2022 PKO저널 Vol.25 No.-

What are humanitarian corridors?, How is formed and controlled? Generally, this sometimes cause the confusion usage between the safety zone and protected zone. According to the international law, various this kinds of protected zone is possibly formed by conflict parties or external party. the main purpose is disengage the civilian from the deadly combat frontline. However, based on the how was made and characteristics of that, the international law will be applicable differently. LOAC is only applicable the specfic protected zone following the Geneva Convention and additional protocols such as various articles. Humanitarian corridors saved hundreds t hounds of civilians in the seized area. but have lost either. Most recently, Russia and Ukraine war brought the a lot of controversial issues regarding the humanitarian corridors’ legal, safety and effectiveness. This article looks back the history, back ground, cases and legal issues from the international law perspective. Finally, brought the challenges we are facing and suggest the proposals.

국제평화유지활동에 대한 인식의 대전환과 우리의 과제

권구일 ( Gwon Guil ) 국방대학교 PKO센터 2022 PKO저널 Vol.24 No.-

The purpose of this paper is to study the future direction of ABSTRACT Korean peacekeeping operations as of 30th anniversary of UN.membership. Especially, based on the proposed pledges which Korea suggested at the 2021 Seoul UN peacekeeping Ministerial, tries to propose how Korea should pursuit the mid-long term policy and make efforts for the future. After reviewing the Korea Peacekeeping operations at first and tries to propose the future oriented plans. Many experts have suggested that Korean peacekeeping operations should be changed and national peacekeeping operations center in Korea National Defense University be established to the direction of development. however, the progress has not been made as of now. To this end, Paradigm of the military training should be changed from the point of military view and how the national policy and strategy should be made and how the national peacekeeping operations center contributes to the sustainable peace on Korean peninsula and international peace and security with vision, objectives, roles and functions. To do this, main focus is to establish national peacekeeping operations center. and to give the future oriented direction for the next 30years.

유엔 평화유지 활동에서 국제 인도법 (IHL)에 대한 관점과 적용에 관한 이해

권구일 ( Guil Gwon ) 국방대학교 PKO센터 2023 PKO저널 Vol.26 No.-

Despite significant developments since 1948, the United Nations has periodically reaffirmed the relevance of the basic principles of peacekeeping operations. These are known as the three principles of peacekeeping activities: Consent, Impartiality, self-defense, and defense of mandate. In modern practice, it means obtaining the consent of most of the host state. At the same time, it is important to obtain the consent of other parties on the premise, but it is said that it should be pursued as much as possible by mentioning that. But the consent of host state is sometimes withdrawn, which may ultimately result in the withdrawal of peacekeeping missions. In addition, peacekeepers can use force only to defend themselves and to defend mandate for missions. Peacekeeping operations should be carried out Impartially that they should not be advantageous or prejudiced against any party in the conflict. UN peacekeeping operations should not participate in activities that risk causing the perception that peacekeeping is biased. Failure to do so risks not only being criticized for being not impartial in fulfilling its obligations, but also providing the legitimacy of coercive and aggressive action from those who oppose the peaceful process. UN peacekeeping operations must use force as a last resort. Always use in an accurate, proportional and appropriate manner within the principle of minimum force necessary to achieve the desired effect while maintaining the mission and its consent. The use of force by UN peacekeeping operations is always politically influential and can often lead to unexpected situations. Judgment of its use should be made at an appropriate level within the mission ABSTRACT based on a combination of factors, including ability to perform the mission, public awareness, humanitarian impact, force protection, personnel safety and security, and most importantly, the impact of such measures on national and regional consent. Many of the peacekeeping activities carried out over the past few decades have changed the concept of “peacekeeping.” Some of the key elements that have been changed are also inconsistent with the three principles listed above. In expanding the authority of the activity to include humanitarian activities, UN peacekeeping operations sometimes seemed to bypass or lose the consent of the state or other parties to the conflict. In particular, the authority to use force in non-self-defense situations to protect civilian or humanitarian activities has sometimes rejected attempts to remain impartial and, of course, violated the principle of the use of force. Restrictions on the use of force and insufficient deployment of force suffered serious failures, including the slaughter of UNprotected people in former Yugoslavia and Rwanda, which led to questions about the function of these missions and the development of new doctrines on the content and conditions of the use of force to protect civilians. This also served as an opportunity to clarify the applicability of international humanitarian law to UN peacekeeping operations participating in the conflict. Currently, the United Nations has “protect and promote human rights,” “protect civilians,” “women, peace and security,” “preventing conflict-related sexual violence,” and “protect children” in Security Council resolutions. Five major tasks, are being promoted as common tasks, which require all personnel to focus on related activities together in all activities of the United Nations. The failure of UN peacekeeping missions to protect civilians despite the importance and achievements of UN roles over the past few decades has raised questions about the legitimacy and justification of the UN. Therefore, this paper will outline changes in UN peacekeeping activities and learn about changes in relations with international humanitarian law and how international humanitarian law is applied in UN peacekeeping activities.

유엔 평화유지활동의 맥락에서 동의

권구일 ( Guil Gwon ) 국방대학교 PKO센터 2023 PKO저널 Vol.27 No.-

The United Nations’ four largest and most visible peacekeeping operations are the United Nations Mission in the Republic of South Sudan (UNMISS), United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA), and United Nations Organization Stabilization Mission in the Democratic Republic of the Congo.(MONUSCO) This is unfolding in Africa. Recently, some host countries have been running out of patience with peacekeepers. This shows that there is an increasing gap in expectations between host countries and the UN Security Council regarding the role of UN peacekeepers. After the 2021 coup, Mali’s planned schedule has already been delayed by two years. A new date hasn’t even been set yet. Another concern is the ability to cope with persistent extremist resistance, despite the UN Security Council’s unanimous approval in June this year to withdraw peacekeeping operations in Mali altogether. Mali, for example, previously wanted the U.N. mission to focus on regional security and dealing with terrorist threats, as security partners such as France and the G5 generally did, and it also wanted the mission to focus much less on human rights. One of the challenges of UN peacekeeping operations is that many of these missions have been deployed for decades without much progress. So there are many conflicts and complaints about the effectiveness of these missions. In addition, in many contexts, the spread of misinformation and obstacles implemented in a variety of sometimes deployed missions are part of the conflict. The second challenge is the division that really escalates these conflicts as seen in the UN Security Council. The UN Security Council is not united when there is obstruction and duty in carrying out their powers and responsibilities. There is a lack of unanimity in adopting a resolution renewal in part because the UN Security Council has different views on how to engage with the host country. The last is the focus on the security of these missions and that some countries prefer bilateral or other partners. For example, Russia and Wagner are now deployed in Africa to serve as sub-regional or regional economic communities, and although they are host country choices, the increased choice of these potential security partners carries some risks. These problems need to be mitigated. This is because these missions are deployed with fewer safeguards than have been developed in the context of peacekeeping missions in the past few decades. Currently, U.N. peacekeeping operations are by no means perfect, but at the same time, they have developed many safeguards around human rights protection and citizens. Another challenge concerns funding. There is a debate over how various security actors will be funded in carrying out their activities. The UN’s missions are not necessarily open to choice, but they must be ensured that the right tasks are deployed with the right tools to address issues related to political processes and conflict prevention. I think it is very important to understand what the difference is because it is not just focused on security, and it is essential to understand what the conflict is about cooperation and consent.