Sexual exploitation and abuse by UN peacekeepers: towards a hybrid solution

Type of content
Theses / Dissertations
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Thesis discipline
Degree name
Doctor of Philosophy
Publisher
University of Canterbury
Journal Title
Journal ISSN
Volume Title
Language
English
Date
2016
Authors
Mudgway, Cassandra
Abstract

Allegations of sexual exploitation and abuse against UN peacekeepers over the past decade prompted a “zero-tolerance” policy response from high-level UN officials. To facilitate this policy, the UN has initiated and implemented various preventative and responsive measures. Despite the raft of reforms, it is the troop-contributing countries (TCCs) which have exclusive criminal jurisdiction over their military contingent members and the current framework has been criticised for failing to ensure accountability of offenders. In this thesis I explore alternative ways in which the United Nations can improve accountability for sexual exploitation and abuse committed by military contingent members within its peacekeeping personnel. Applying a feminist lens, I assess these options guided by three underlying principles; justice being seen to be done, host state ownership, and UN leadership. I first discuss the concepts of sexual exploitation and abuse as defined by the UN. Second, I explore whether TCCs could or should be sanctioned for failing to exercise criminal jurisdiction. Third, I investigate alternative ways to hold individual peacekeepers to account and fourth, I consider the role victims of sexual exploitation and abuse have to play and the remedies to which they may be entitled. I conclude that it is time for the UN to implement a different solution and remove TCCs’ exclusive criminal jurisdiction. I argue that a hybrid court for peacekeepers is the better alternative to hold individual perpetrators to account. A hybrid court would incorporate host state ownership and provide a clear structure for TCC cooperation and UN leadership. Additionally, victim inclusivity would be an important feature of such a court. Victims are entitled to effective remedies and I put forward recommendations for targeted and transformative reparations. I also recommend a re-draft of the definition of “sexual exploitation” to better reflect the primary targeted conduct of survival sex.

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Ngā upoko tukutuku/Māori subject headings
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