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In Sexual Exploitation and Abuse by UN Military Contingents: Moving Beyond the Current Status Quo and Responsibility under International law Róisín Burke explores the legal, conceptual and practical difficulties of dealing with sexual offences committed by military contingent personnel deployed on UN peace operations. Some of the inadequacies of current legal frameworks for dealing with such abuses are examined. The book addresses the difficulties with applying international humanitarian law, human rights law and/or international criminal law in this context, and the broader issue of state/international organization responsibility. The book proposes policy options to increase accountability both for perpetrators and for troop contributing nations otherwise indifferent to the crimes of their national contingents.
Sexual exploitation and abuse by United Nations (UN) peacekeepers is not an isolated or recent problem, but it has been present in almost every peacekeeping operation. A culture of sexual exploitation and abuse is contrary to the UN’s zero-tolerance policy and has been the target of institutional reforms since 2005. Despite this, allegations of sexual abuse continue to emerge, and the reforms have not solved the problem. This book is a response to the continued lack of accountability of UN peacekeepers for sexual exploitation and abuse. Focusing on military contingent members, this book aims to analyse ways in which the UN can fill the accountability gap while taking a feminist perspective and emphasising the needs of victims, their communities, and the host state. This book directly challenges the status quo of relying on troop-contributing countries (TCCs) to hold their peacekeepers to account. It proposes first, the establishment of a series of hybrid courts, and second, a mechanism for dealing with victim rehabilitation and reparation. It addresses these topics by considering international and human rights law and will be of interest to researchers, academics, policymakers, and students with an interest in international criminal law, United Nations peacekeeping, and peace studies.
The deployment of a large number of soldiers, police officers and civilian personnel inevitably has various effects on the host society and economy, not all of which are in keeping with the peacekeeping mandate and intent or are easily discernible prior to the intervention. This book is one of the first attempts to improve our understanding of unintended consequences of peacekeeping operations, by bringing together field experiences and academic analysis. The aim of the book is not to discredit peace operations but rather to improve the way in which such operations are planned and managed.
In 2003, the UN adopted a zero-tolerance policy on sexual exploitation and abuse by peacekeepers and aid workers. The policy arrived amid a series of scandals revealing sexual misconduct perpetrated against the very people peacekeeping and humanitarian missions were meant to protect. This edited collection, including contributions from academics and practitioners, highlights the challenges of preventing and responding to abuse in peacekeeping and aid work, and the unintended consequences of current approaches. It lays bare the structures of power, coloniality and racism that underpin abuse and hinder accountability while charting a path for future action. This eye-opening book will appeal to academics and students of the politics and practice of peacekeeping and humanitarianism, and to practitioners, policy makers and those working within the field.
On October 31, 2000, the United Nations (UN) Security Council passed Resolution 1325. The resolution was passed in response to allegations of sexual abuse against UN peacekeepers across several missions and in an effort to advance the cause of gender equality, which the UN has championed for many decades. Among its many provisions, the resolution called for gender mainstreaming and the increased participation of women throughout the peacekeeping process. The majority of UN policymakers pushed for more female troops to be deployed in peacekeeping operations to battle the abuses committed on the ground by male peacekeepers, which they felt required an immediate and aggressive response. This dissertation examines whether this emphasis on the presence of female troops to combat problems of sexual exploitation and abuse committed by male troops has been successful or not. Do more female troops curtail the frequency of sexual exploitation or abuse or has the policy been misguided? Most studies of this problem have been case studies focusing on particular cases at particular times. The few empirical studies that have been undertaken have only been able to study a limited period of time with incomplete data. This important question can be empirically examined over time with new data released by the UN which includes the number of allegations of sexual exploitation and abuse committed by peacekeepers since 1990. Ultimately, I find that the number of female troops is an important determinant of sexual exploitation and abuse, but that several other factors relating to necessary and sufficient conditions for sexual assault are important as well. I conclude policies encouraging more female troop participation by the UN may be a first line of defense, but other measures can be taken that will provide the UN with a multi-faceted approach to the problem that will be more effective in the long run.
Explains how peacekeeping can work effectively by employing power through verbal persuasion, financial inducement, and coercion short of offensive force.
The protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse.
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
Gabrielle Simm's critical re-evaluation of sex between international personnel and local people examines the zero tolerance policy on sexual exploitation and abuse and its international legal framework. Whereas most preceding studies of the issue have focused exclusively on military peacekeepers, Sex in Peace Operations also covers the private military contractors and humanitarian NGO workers who play increasingly important roles in peace operations. Informed by socio-legal studies, Simm uses three case studies (Bosnia, West Africa and the Democratic Republic of the Congo) to illustrate the extent of the problem and demonstrate that the problems of impunity for sexual crimes are not just a failure of political will but the result of the structural weaknesses of international law in addressing non-state actors. Combining the insights of feminist critique with a regulatory approach to international law, her conclusions will interest scholars of international law, peace and conflict studies, gender and sexuality, and development.