Protectors on Trial? Prosecuting Peacekeepers for War Crimes and Crimes Against Humanity in the International Criminal Court

International Journal of Law Crime and Justice, 40 3: 223-241

University of Queensland TC Beirne School of Law Research Paper No. 15-54

20 Pages Posted: 2 Jun 2015

Date Written: 2012

Abstract

Allegations of criminal conduct have been made against UN peacekeeping personnel. While only a small number commit criminal offences, these personnel must be held accountable for their actions. Ensuring accountability is difficult due to jurisdictional issues, including in which jurisdiction (host state, sending state, or third state) to prosecute offenders. However, the possibility of the International Criminal Court exercising jurisdiction over peacekeeping personnel (civilian or military) has not really been considered. This article will examine the potential applicability of the substantive law of war crimes and crimes against humanity under the Rome Statute to crimes committed by peacekeeping personnel.

JEL Classification: K00

Suggested Citation

O'Brien, Melanie, Protectors on Trial? Prosecuting Peacekeepers for War Crimes and Crimes Against Humanity in the International Criminal Court (2012). International Journal of Law Crime and Justice, 40 3: 223-241, University of Queensland TC Beirne School of Law Research Paper No. 15-54, Available at SSRN: https://ssrn.com/abstract=2611492

Melanie O'Brien (Contact Author)

University of Western Australia ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

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