Recurring Legal Issues
The legal issues faced during the Artimis operation are similar to the ones raised by any peace support operation involving the recourse to the armed force. A few examples demonstrate this. Adopted before or at the beginning of the operation, the rules of engagement do not prejudge the legal framework of the recourse to force. In fact, this latter one will be imposed by
circumstances. The law concerning armed conflicts is the only one conceived to regulate the conduct of hostilities, but its applicability is not always obvious. Thus, in most cases, the recourse to force remains subject to the sole provisions stated forth in the national criminal law of the militaries engaged in the operation. This situation might raise some interoperability problems between national contingents that are to be taken into account by the operation and force commanders.
As other international forces under similar circumstances, the multinational emergency interim force had to arrest armed individuals threatening its members or hindering the fulfillment of the mission. Due to the lack of local judicial authorities to which these persons could be handed over, the force might be compelled to detain them a few hours. Then, the question of
the applicable legal regulations is raised. The P.O.W. regulations stated forth in the third Geneva Convention being only applicable in an international armed conflict situation, one should try to organize the detention conditions in accordance with the human rights international law.
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