The accountability of peacekeepers for sexual violence under international law

Abstract

This dissertation portrays a diverse perspective to sexual violence in International Law, namely by confronting the issue of the accountability of United Nations peacekeepers for acts of sexual violence. The major part of this study addresses how and if justice is secured when perpetrators of such conduct are peacekeepers. The study seeks to determine which redress avenues would be most effective in successfully undertaking the criminal prosecution of personnel engaged in sexual violence. The study also engages in an evaluation of the potential accountability of the United Nations and that of the Troop-Contributing Country, as a consequence of the failure to prevent, and investigate, prosecute and punish crimes of sexual violence. At its outset, the study examines the role of the peacekeeper under International Law, by addressing issues such as the legal status of peacekeepers, peacekeeper immunity, and the peacekeeping mandate. The characteristics of United Nations peacekeeping operations have important consequences for the attribution of responsibility. The legal status of peace support operations is the key to determine the applicable law and questions of accountability. The thesis proceeds by considering peace support operations as a new context for the commission of sexual violence and addresses the ramifications of such violence namely, the phenomenon of peacekeeper babies and the spread of HIV/AIDS. The study also appraises extant impediments to the prosecution of peacekeepers at national level. The thesis shall also address the possibility of having peacekeepers prosecuted before the International Criminal Court by examining whether sexual violence by peacekeepers could be denoted as genocide, crimes against humanity or as war crimes. The controversial tripartite relationship between the International Criminal Court, the Security Council and the US shall be discussed with particular focus on Security Council Resolutions 1422 (2002), 1487 (2003) and 1497(2003). In conclusion a number of recommendations shall be put forward.