Migration and Refugee Protection in International Law: Challenges of Asylum Systems in a Changing World

Abstract

The discourse surrounding international peacekeeping and peacebuilding has undergone significant normative evolution, necessitating a thorough examination of the challenges inherent in their operationalization within the framework of international law. This chapter delves into the conceptual and practical distinctions between peacekeeping and peacebuilding, analyzing their development from ad hoc responses to more formalized, albeit legally ambiguous, international interventions. It critically assesses the evolving legal frameworks that govern these operations, considering the interplay between peacetime law and the law of armed conflict. The chapter further explores how the fusion of peacekeeping with peace enforcement operations has induced international criminal law liabilities, thereby transforming traditional peacekeeping into more robust military crisis management operations and forcible humanitarian interventions. This convergence has blurred the lines between military action and humanitarian intervention, raising complex questions about the legal status and protection of peacekeepers, particularly in contexts where lethal force may be employed. Moreover, the shift towards more robust mandates, enabling peacekeepers to use force beyond self-defense, has introduced complex considerations regarding accountability and the potential for dual attribution liability for human rights violations committed during operations