African Union ‘Robust’ Peace Support Operations: Rules of Engagement and Attribution of Conduct

Abstract

The development of ‘robust’ peace support operations in the framework of the African Union
is a complex process that revolves around two primary propositions. Firstly, the consent of the
host State, factor of the initial legality of the missions. Secondly, the use of force determined by
the commanding authority, which ensures the continuance of the legality in terms of respect of
the rules of international law.
The participation of the African organization and the States that contribute with their military
contingents makes the establishment of the command and control authority over the operation,
and the related operational documents, a crucial passage. In this context, there is an operative
document of utmost importance for the outcome of the missions, the rules of engagement. As
combination between political, legal and military considerations, their construction contributes
to the compliance with international law, in particular international humanitarian law.
If and when a potential violation occurs, the assessment of the responsibility of the international
organizations and the participant States have to start from the determination of the attributability
of the impugned conducts, on the basis of the ‘effective control’ test. And it is at this stage that
the rules of engagement become decisive factors, due to their connection with the command
and control structure of the missions.