Sexual exploitation and abuse by UN peacekeepers: towards a hybrid solution
| dc.contributor.author | Mudgway, Cassandra | |
| dc.date.accessioned | 2016-11-23T23:35:41Z | |
| dc.date.available | 2016-11-23T23:35:41Z | |
| dc.date.issued | 2016 | en |
| dc.description.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. | en |
| dc.identifier.uri | http://hdl.handle.net/10092/12914 | |
| dc.identifier.uri | http://dx.doi.org/10.26021/5307 | |
| dc.language | English | |
| dc.language.iso | en | |
| dc.publisher | University of Canterbury | en |
| dc.rights | All Rights Reserved | en |
| dc.rights.uri | https://canterbury.libguides.com/rights/theses | en |
| dc.title | Sexual exploitation and abuse by UN peacekeepers: towards a hybrid solution | en |
| dc.type | Theses / Dissertations | |
| thesis.degree.grantor | University of Canterbury | en |
| thesis.degree.level | Doctoral | en |
| thesis.degree.name | Doctor of Philosophy | en |
| uc.college | Faculty of Law | en |