Vanderbilt Journal of Transnational Law


John Cerone


One of the most controversial and politically charged issues in current human rights discourse is whether and to what extent states are bound by human rights obligations with respect to the conduct of their armed forces abroad in armed conflict, occupation, and peace operations. Underlying the controversy are a number of complex legal questions, several of which have eluded definitive resolution. Chief among these questions is whether individuals affected by the conflict are among those whose rights states are obliged to secure. Answering these questions is further complicated in situations of collective action, giving rise to such questions as whether national contingents of multilateral operations retain their status as organs of their respective sending states. The purpose of this Article is to outline the issues underlying these questions and to provide a framework for answering them.