Improving Criminal Accountability in United Nations Peace Operations
by William J. Durch, Katherine N. Andrews, and Madeline L. England, with Matthew C. Weed
In 2004, major problems of sexual exploitation and abuse by UN peacekeepers in the Democratic Republic of the Congo and other operations became a public scandal for the United Nations. Before that story broke, the Future of Peace Operations Program at Stimson had begun work on the problem of criminal accountability for personnel in peace operations. Because states retain disciplinary responsibility for their military forces in peace operations, that work focused on UN staff and experts on mission, a category that includes UN police. As operations become more deeply involved in assisting or substituting for local government, their personnel must themselves be subject to the rule of law, and be seen as subject to it by local peoples. FOPO found, however, that the tenuous reach of the law—any law—covering criminal acts by UN personnel on mission has left a legal and procedural vacuum filled only in part by administrative sanctions (such as fines, dismissal, and/or repatriation) for actions that would be felonies under most states’ domestic laws. FOPO therefore looked into other options, some of which would require serious rethinking of criminal jurisdiction in and for peace operations.
The full report is available here.
Related documents:
SPOTLIGHT ANALYSIS: "Ending Impunity for Peacekeepers" (June 22, 2009), by William J. Durch and Madeline L. England
SPOTLIGHT ANALYSIS: "Signs of Progress in Improving UN Peacekeeper Accountability" (October 15, 2007), by Katherine N. Andrews
Related Events:
Ending Impunity: New Tools for Criminal Accountability in UN Peace Operations (June 29, 2009)
A Discussion with H.R.H. Prince Zeid Ra'ad Zeid Al-Hussein (June 14, 2005)
