Consent of the host-State in peace operations: Reconceptualising the legal framework

This article reconceptualises the principle of consent in UN peacekeeping by challenging the prevailing assumption that host-government consent equates to consent of the State. This article addresses a critical gap in the scholarship applying a legal framework to ‘consent of the State’ in peacekeeping. Drawing on international law, UN practice, and African jurisprudence, the paper argues that State consent is a multi-layered concept that cannot be satisfied solely through the host-government. The paper is structured around a three-layered framework of consent. The first layer, treaty-based consent, is already secured through the Security Council's decisions under the UN Charter. The second layer requires assessing the legitimacy of local authorities on the ground, yet international law provides no clear criteria for determining governmental validity during internal conflicts. Consequently, reliance on government consent alone risks enabling biased mandates and supporting authorities that violate civilian protection obligations. The article advances a third, essential layer, the consent of local communities. Rooted in African communitarian philosophies, local consent is necessary to ensure that peace operations remain impartial, and not violate the will of the people. The article concludes by urging the UN to establish formal mechanisms for local consent to safeguard self-determination and State sovereignty.