UN평화유지요원의 성적 확대 및 착취행위에 대한 법적 책임추궁 방안
A Study on Taking Responsibility for Sexual Exploitation and Abuse committed by U.N Peacekeeprs
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The issue of sexual exploitation and abuse by U.N. peacekeeping personnel has garnered the attention of governments, intergovernmental organizations, non-governmental agencies, and other public interest groups. However, more than a decade after reports of sexual abuse surfaced and several years after the Secretary-General announced the U.N.'s zero-tolerance policy, the Under-Secretary for Peacekeeping Operations acknowledged that not all troop contingents were fully supportive of the zero-tolerance policy, particularly when it came to prostitution. Prince Zeid stressed that Member States must not view the issue as one of ephemeral or passing importance, but rather, it should be viewed as the serious topic that it is. While it is extremely unlikely that troop contributing countries(hereinafter, referred to as the "TCCs") will cede jurisdiction over alleged criminal offenders within their military contingents, the U.N.'s position that TCCs alone are responsible for discipline of military peacekeepers, and that it is powerless to intervene, is no longer acceptable. The U.N. could impose sanctions, withdraw contingents, and blacklist states that fail to take action in a legally effective way. While this might result in the loss of troops from some TCCs, this factor must be considered in undertaking peacekeeping operations. Further, it has been suggested that the U.N. itself and the TCCs could be held responsible for violations of international humanitarian law by both civilian and military peacekeepers. Allegations of sexual abuse have already tarnished both the reputation of the United Nations and the fine and difficult work of U.N. peacekeepers. Reform is called for. The tools and recommendations are available. If the U.N. is truly to live up to its promise, the will of Member States as well as the U.N. itself is crucial. While the issue of sexual abuse has been addressed in numerous Security Council resolutions, U.N. reports, and press accounts, allegations of sexual abuse and official inaction continue to escalate. It is crucial that abuse be eliminated, that perpetrators be punished, and that victims be compensated.
Abstract
The issue of sexual exploitation and abuse by U.N. peacekeeping personnel has garnered the attention of governments, intergovernmental organizations, non-governmental agencies, and other public interest groups. However, more than a decade after reports of sexual abuse surfaced and several years after the Secretary-General announced the U.N.'s zero-tolerance policy, the Under-Secretary for Peacekeeping Operations acknowledged that not all troop contingents were fully supportive of the zero-tolerance policy, particularly when it came to prostitution. Prince Zeid stressed that Member States must not view the issue as one of ephemeral or passing importance, but rather, it should be viewed as the serious topic that it is. While it is extremely unlikely that troop contributing countries(hereinafter, referred to as the "TCCs") will cede jurisdiction over alleged criminal offenders within their military contingents, the U.N.'s position that TCCs alone are responsible for discipline of military peacekeepers, and that it is powerless to intervene, is no longer acceptable. The U.N. could impose sanctions, withdraw contingents, and blacklist states that fail to take action in a legally effective way. While this might result in the loss of troops from some TCCs, this factor must be considered in undertaking peacekeeping operations. Further, it has been suggested that the U.N. itself and the TCCs could be held responsible for violations of international humanitarian law by both civilian and military peacekeepers. Allegations of sexual abuse have already tarnished both the reputation of the United Nations and the fine and difficult work of U.N. peacekeepers. Reform is called for. The tools and recommendations are available. If the U.N. is truly to live up to its promise, the will of Member States as well as the U.N. itself is crucial. While the issue of sexual abuse has been addressed in numerous Security Council resolutions, U.N. reports, and press accounts, allegations of sexual abuse and official inaction continue to escalate. It is crucial that abuse be eliminated, that perpetrators be punished, and that victims be compensated.
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