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494 Revista del Instituto Español de Estudios Estratégicos Núm. 2 / 2013 the existence of different types of operations depending on the corresponding legal framework. Even so, and despite the recommendations of the expert groups , confusion still persists, given that officially the United Nations continues to refer to them as peacekeeping operations and that is also the name of the department in charge of them. In our view, the expression United Nations peace operations is an accurate one, as it allows for the integration of the combination of operations deployed under the authority of the organization and at the same time allows for the identification of different types of operations depending on the mandate and legal framework attributed by the Security Council in each case. From this perspective the United Nations peace operations can be viewed as missions deployed in the place of conflict, under the mandate and control of the United Nations, with military and civil personnel, as well as support equipment from the States, to implement the established mandates, acting insofar as possible, with the consent of the parties, with impartiality and with the capability of using force either in legitimate defense or in other instances authorized by the Security Council. This definition incorporates not only peacekeeping operations in accordance with the original theoretical guidelines, but also other peace-building operations within the framework of Chapter VII which, depending on the circumstances, can be authorized to use armed force. In short, the expression UN peace operations attempts to bring together under one denomination a number of missions established by the organization under the authority of the Security Council, as a subsidiary body, formed by contingents from several countries. This broad notion does not however in any case imply that the legal regime concerning them is the same, for while the regulations for peacekeeping operations is based on practice and a consolidated opinio iuris; other peace operations, essentially those under Chapter VII, demand in each case the consideration of their regime (consent, type of authorization). From this perspective, the determination of the legal regime relating to UN peace operations cannot rely solely on the presence of consent nor should the legal basis be identified a priori and, as has been the case for decades, considering all UN peace operations as preventive measures within the framework of Chapter VI of the Charter (or an alleged Chapter VI and a half ). In our view, the legal basis for peace operations should be established in each case in a different and isolated manner, identifying the combination of applicable norms. This implies recognizing that not all of them respond to the same regulatory scheme. expression peacekeeping from other types of complex operations, Brahimi Report, par. 17, 18 y 19.


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