Introductory Note to United Nations Security Council Resolution 2272 & Secretary-General Report on Special Measures on Protection from Sexual Exploitation and Sexual Abuse
International Legal Materials, Vol. 55, No. 4, 2016
3 Pages Posted: 11 Mar 2017
Date Written: February 16, 2016
In 1964, in his seminal work United Nations Forces, Sir Derek William Bowett described the tendency of contributing states to retain as much jurisdiction as possible as a “fact of international life.” This still holds true today. Contributing countries should recognize, however, that whenever immunity from local jurisdiction results in impunity, it becomes unjustifiable. As essential as full immunity from local criminal jurisdiction may still be for the successful recruitment of peacekeepers, it does not exist as a rule. To maintain it, perpetrators should be prosecuted, either on the home country or international level.
Keywords: Status of Forces Agreement, Model SOFA, Exclusive Jurisdiction, Local Criminal Jurisdiction, UNTAG, SEA, Sexual Exploitation and Abuse, Peacekeeping, Immunity, Impunity
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