Above the Law? Innovating Legal Responses to Build a More Accountable UN: Where is the UN Now?

31 Pages Posted: 5 Jul 2017

See all articles by Bruce Rashkow

Bruce Rashkow

Columbia University - Law School

Date Written: July 1, 2017

Abstract

This is an issue that has come under increasing scrutiny amid allegations of sexual exploitation and abuse by U.N. personnel, including peacekeeping forces, and allegations that peacekeepers introduced cholera to Haiti.

Any starting point for considering whether the U.N. is “above the law” and possible innovative “legal responses to build a more accountable U.N.” is an analysis of where the U.N. is today on these important issues. Following is a two-part analysis: first of the remedies available generally to third parties harmed by the activities of U.N. peacekeeping activities with a particular focus on the Haiti cholera victims; second, of the regime governing sexual exploitation and abuse by U.N. personnel and U.N. peacekeeping forces. As this two-part analysis will demonstrate, the problems that have arisen that raise the issue whether the U.N. is “above the law” stem more from failures to timely and conscientiously follow the provisions of existing regimes that govern these matters rather than the absence of appropriate obligations or mechanisms under those existing regimes—the political will to do the right thing in a timely manner!

Suggested Citation

Rashkow, Bruce, Above the Law? Innovating Legal Responses to Build a More Accountable UN: Where is the UN Now? (July 1, 2017). ILSA Journal of International & Comparative Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2996019

Bruce Rashkow (Contact Author)

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10009

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