CONDITIONS OF APPLICATION OF RULES,
OTHER THAN HUMANITARIAN RULES, OF
ARMED CONFLICT TO HOSTILITIES IN WHICH
UNITED NATIONS FORCES MAY BE ENGAGED
Resolution adopted by the Institute of International Law at its session at Wiesbaden, 13 August 1975
INTRODUCTORY NOTE: The present resolution completes the resolution reprinted as No. 97. Whereas the former one deals with the application of humanitarian rules of armed conflict, the present one is concerned with the application of rules other than humanitarian rules. It was adopted by a vote of 24 in favour, 3 against and 9 abstentions.
AUTHENTIC TEXTS: French. The English translation below is reprinted from the Annuaire de l'Institut de Droit international. Vol. 56, 1975, p. 541.
TEXT PUBLISHED IN: Annuaire de l'Institut de Droit international, Vol. 56, 1975, pp. 540–544 (French and Engl.); Institut de Droit international, Tableau des Résolutions adoptées 1957–1991, Paris, Pedone, 1992, pp. 114–119 (Engl., French); RGDIP, tome 80, No. 4, octobre-décembre 1975, pp. 1244–1246 (French); Droit des conflits armés, pp. 1277–1278 (French).
The Institute of International Law,
Recalling its Resolution on “Equality of application of the rules of the law of war to parties to an armed conflict” (Brussels Session, 1963);
Recalling its Resolution on “The distinction between military objectives and nonmilitary objects in general and particularly the problems associated with weapons of mass destruction” (Edinburgh Session, 1969);
Recalling its Resolution on the “Conditions of application of humanitarian rules of armed conflict to hostilities in which United Nations Forces may be engaged” (Zagreb Session, 1971);
Noting that the United Nations has made use of Armed Forces on various occasions and that such Forces, whatever their mission, might become involved in actual hostilities;
Considering that pending the elaboration of a comprehensive set of rules for United Nations Forces, it is necessary to determine the conditions under which the rules of armed conflict apply to such Forces;
Reserving the study of the problems of individual criminal responsibility;
Declaring, furthermore, that the present Resolution is without prejudice to the eventual solution of the problems concerning the competences respectively of organs of the United Nations in creating or directing United Nations Forces,
Adopts this Resolution:
Article 1. For the purposes of this Resolution, the term “United Nations Forces” shall apply to all armed units under the control of the United Nations.