UN Peacekeeping Forces – a Legal Analysis of Individual Accountability for Sexual Exploitation and Abuse
Abstract: United Nations peacekeeping operations have, for the better part of two decades, been plagued by allegations of sexual exploitation and abuse of local civilian populations. Several reports indicate not only that peacekeepers exploit and abuse the very people they were sent to protect, but also that these crimes routinely go unpunished. This thesis examines and evaluates the different methods of holding United Nations military peacekeepers accused of sexual crimes to account, with focus being put on criminal accountability. Firstly, the internal framework of peacekeeping missions is studied, and its implications for achieving accountability are assessed. Secondly, three different avenues of accountability outside the United Nations, namely the jurisdiction of the troop contributing country, the host state and the International Criminal Court, are explored and analysed. The conclusion reached is that each examined pathway of accountability has its advantages, but none of them provide a satisfactory solution. Because of this, a number of measures to enhance and strengthen the individual criminal accountability of peacekeepers are suggested. These suggestions build upon the strengths and weaknesses discovered throughout the thesis.
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