The Pursuit and Punishment of the UN Peacekeepers towards Committing Crime of Sexual Violence against Women

Document Type : Original Article from Result of Thesis

Authors

1 Ph.D. Student in International Law, Faculty of Humanities, Qaemshahr Branch, Islamic Azad University, Qaemshahr, Iran.

2 Assistant Professor, Department of Law, Faculty of Humanities, Qaemshahr Branch, Islamic Azad University, Qaemshahr, Iran

Abstract

In the process of UN peacekeeping operations and in the process of conducting peacekeeping missions in war and occupied territories; Crimes may be committed against women that require prosecution. On the other hand, it should be noted that women and children are exposed to victims, including sexual victims, due to their poor physical condition. According to numerous reports to the United Nations through female victims and sex victims, UN peacekeeping forces appear to be a new and serious threat to women and even to war. Children in areas of the host State are considered. Therefore, in this article and through the descriptive-analytical method, we seek to answer this key question: What challenges and obstacles does the prosecution and punishment of UN peacekeepers for committing crimes of sexual violence against women during peacekeeping operations face? The findings of this article show that according to Article 7 of the Rome Statute, the possibility of applying the jurisdiction of the International Criminal Court to the crime of sexual violence against women by UN peacekeepers faces major challenges and obstacles. In fact, the distinction of the present research compared to other related researches is the exploration, finding and detailed analysis of the current capacities of the international legal system for the prosecution and trial of the mentioned criminals.

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Main Subjects

References

  1. A. (2008). The Role of UN Peacekeeping Operations in Promoting and Protecting Human Rights, Laws and Politics, 1(2), 307-356. (In Persian)
  2. Akefi Ghaziani. M., Akefi Ghaziani. M. (2020). Function of the Collective Security System of the United Nations; Resorting to Force Prescribed by the Security Council, International Studies Journal (ISJ), 17(1), 115-139. (In Persian) DOI: 10.22034/isj.2020.113770
  3. H. (2019). The Concept of Crimes against Humanity in the Statute of the International Criminal Court, Quarterly Journal of Nations Research, 7(30), 61-73. (In Persian)
  4. J., Ashena. H. (2019). Criminalisation Gender-Based Violence in Marital Relations by Relying on the International Human Rights Documents, International Studies Journal (ISJ), 16(2), 115-142. (In Persian) DOI: 10.22034/isj.2019.101080
  5. A. (2014), Paper Presented at the Symposium on The International Criminal Court: A Critical Review of the Rome Conference, Erasmus University Rotterdam, November 5.
  6. V. (2017). Some Remarks on the Operation of the International Criminal Court and Procedural Aspects’, Symposium on The International Criminal Court: A Critical Review of the Results of the Rome Conference, Erasmus University Rotterdam, November 5.
  7. S. (2007). Ownership in Theory and in Practice: Transfer of Authority in UN State Building Operations, Journal of Intervention and Statebuilding, 1(1), 3-26, DOI: 10.1080/17502970601075873
  8. Schuetze. (2020). German Trial Accuses Iraqi of Genocide in Killing of Yazidi Girl, New York Times, April 25.
  9. J., Malone. D. M. (2005). The Ralph Bunche Centennial: Peace Operations Then and Now, Global Governance, 11(3), 331-350.
  10. Fasulo, L. (2009). "Peace Operations" In An Insider’s Guide to the UN, 2nd ed, Yale University Press.
  11. B. N. (2020). Sexual Abuse in UN Peacekeeping: The Problem of Viewing Women as a "Quick Fix", at: https://www.e-ir.info/2020/02/20/sexual-abuse-in-un-peacekeeping-the-problem-of-viewingwomen-as-a-quick-fix
  12. Hosseini, A. H. (2012). The Concept of the United Nations Peace Missions and its Evolution, Foreign Policy Quarterly, 25(4), 1023-1052 (In Persian).
  13. Ibrahim Gol. A. (2009). Developments of Peacekeeping in the United Nations: Peacekeeping, Peacemaking, Peacebuilding, Journal of Legal Research, 11(47), 225-257 (In Persian).
  14. Jackson, R., Sorenson. G. (2022). An Introduction to International Relations: Theories and Approaches, Translated by Ahmad Taghizadeh, Hassan Saeed Kalahikhaiban, Mehdi Zakarian, Mizan Legal Foundation (In Persian).
  15. P. (2020). Responsibility of the United Nations for Peacekeeping Operations: Recent Developments in Dual Attribution, InternatIonal Scientific Journal on European Perspectives, 11(1).
  16. Nordås. R., Rustad. Siri C. A. (2013). Sexual Exploitation and Abuse by Peacekeepers: Understanding Variation, International Interactions, 39(4), 511-534, DOI: 1080/03050629.2013.805128
  17. Prosecutor v. Tadic´, (1995). Decision on the Defence Motion on Jurisdiction, Case No. IT-94-1-AR72, A. Ch., October 2.
  18. Ranjbarian, A., Shakib Manesh. H. (2014). An Analysis of Criminal Jurisdiction over Peacekeeping Personnel, Quarterly Journal of Public Law Research, 15(40), 167-198. (In Persian).
  19. Rostami, S. Firouzkah, Z. (2020). Women and World Peace with an emphasis on the Women Peacekeepers of the United Nations and the Iranian Women's Society, Iranian Political Sociology Research, 3(1), 209-242 (In Persian). DOI: 10.30510/psi.2020.113613
  20. Simić, O. (2010). Does the Presence of Women Really Matter? Towards Combating Male Sexual Violence in Peacekeeping Operations, International Peacekeeping, 17(2), 188-199, DOI: 1080/13533311003625084.
  21. United Nations (2008). United Nations Peacekeeping Operations: Principles and Guidelines (Capstone Doctrine), New York: United Nations, Department of Peacekeeping Operations, Department of Policy, Evaluation and Training.
  22. S. H. (2021). Protection, Justice, and Accountability: Cooperation between the International Criminal Court and UN Peacekeeping Operations, 777 United Nations Plaza, New York.
  23. M. (2012). All Human Rights for All, Tehran: Mizan Legal Foundation, First Edition (In Persian).
  24. M., Aghaalikhani. M. (2011). Examination of the International Criminal Tribunal for the Former Yugoslavia, Activities and Achievements, Foreign Policy Journal, 26(1), 213-242 (In Persian).
  25. G. (2009). Crimes against Humanity in Contemporary International Law, Legal Magazine, Translated by Amir Saed Vakil, 10(39), 59-100 (In Persian).
  26. M. R. (2021). Public International Law, Ganjdanesh Publication, 75th Edition (In Persian).
  27. M. (1999). The Statute for an International Criminal Court and the United States: Peacekeepers under Fire?, European Journal of International Law, 10(1), 124-143, DOI: 10.1093/ejil/10.1.124

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