27 Colum. Hum. Rts. L. Rev. 293 (1995-1996)
Beyond the Laws of War: Peacekeeping in Search of a Legal Framework; Weiner, Robert O.; Aolain, Fionnuala Ni

handle is hein.journals/colhr27 and id is 301 raw text is: BEYOND THE LAWS OF WAR:
by Robert 0. Weiner-
and Fionnuala Ni Aolain***
Respect for the rights of others is peace.
- Benito Judrez, quoted in Spanish on
the   wall   of  the   United    Nations
Headquarters, New York City
Stretching across a spare parade ground under a stifling sun,
the 8000 soldiers of the United States Army's 10th Mountain Division
mustered in full formation before their commander, Major General
David C. Meade.' For General Meade, that day, July 6, 1995, marked
his final review of the troops.2 He was stepping down from the
Division command earlier than planned,3 only nine months after
successfully leading the 10th Mountain to Haiti in Operation Uphold
Democracy.4 The tone at Fort Drum that day was not celebratory; the
*    This Article was developed from amicus curiae submissions in the court-martial
of Captain Lawrence P. Rockwood. Our thanks go to the following individuals for their
invaluable assistance and support: Margo Baender, Stefanie Grant, Oren Gross, William
O'Neill, Michael Posner, Art Rublin, Professor Oscar Schachter, Elissa Steglich and
Oliver Ulich. The views expressed herein are solely those of the authors.
**   Coordinator, Americas Program, Lawyers Committee for Human Rights (for
identification purposes only); B.A., Cornell University (1982); J.D., New York University
School of Law (1985); Admitted to New York Bar (1986).
*** Associate-in-Law and J.S.D. Candidate, Columbia University School of Law;
LL.B., Queens University of Belfast (1991).
1.   Telephone interviews with attendees (July 7, 1995).
2.   Id.
3.   Interview with retired Lt. Col. David Hackworth, in Fort Drum, N.Y. (May 14,
1995) [hereinafter May 14 Interview].
4.   Operation Uphold Democracy was a U.S.-led multinational mission authorized
by the United Nations pursuant to Security Council Resolution 940, which authorized
Member States to form a multinational force and to use all necessary means to facilitate
the departure from Haiti of the military leadership ... the prompt return of the
legitimately elected President... and to establish and maintain a secure and stable
environment.... . S.C. Res. 940, U.N. SCOR, 49th Sess., 3413th mtg. at 2, U.N. Doc.
SIRES/940 (1994). The Council's stated primary concerns were the significant further
deterioration of the humanitarian situation in Haiti, in particular the continuing

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