Abstract EN:

The maiden experience of the institutionnalisation of the "ius ad bellum" legal system under the League of Nations Pact has never been concretised. Regulated rigorously under the auspices of the UN Charter, chapter VII of which organises collective reaction, the "ius ad bellum" within the framework of this second experience has witnessed instabiblity in its fuctioning, running sometimes from the "Charter system" to the "Peacekeeping Operations system" or "Dean Acheson Resolution system". Meanwhile, some cases of implementation of this legal system, more or less in compliance with the Charter, have been noted. During various peacekeeping operations, it confers on the soldier, member of the Peacekeeping Forces, diverse functionnalities. The condition of this particular type of soldier is therefore inherent to the nature of political missions entrusted to him. Called upon to carry out persuasive actions, the condition of this soldier, similarly, depends on the rulesof the nominative corpus of international law that govern the conduct of hostilities as well as the safeguard of victims ; rules deriving not from the Circular letter of 6 august 1999 of the UN Secretary General but mainly from the Geneva Conventions of 1949 and their additionnal Protocols, of which we are aware that the violation constitute serious crime which can no longer remain unpunished. Given that the military personnel is at the same time a UN agent as well as a military personnel of the country of belonging, the eventual violation of instruments applicable to armed conflicts shall be reprimanded by their country of departure. That means the condition of the national soldier involved in a peacekeeping operation is first considered within a political framework and is subsequently, [not] without difficulty, given legal consideration.