Criminalising Peacekeepers

Modernising National Approaches to Sexual Exploitation and Abuse

Melanie O'Brien

• Publisher: Palgrave Macmillan
• Year: 2017
• ISBN:
  9783319577296
• Topic: Law
• Subtopic: Civil Rights in Law
• Index: Law

This book examines Australia's and the United States' ability to prosecute their peacekeepers for sexual exploitation and abuse. The United Nations has too long been plagued by sexual exploitation and abuse in some of the world's most vulnerable communities. Discussion within United Nations' reporting and academic scholarship focuses on policy; however, a significant concern outlined here is that peacekeepers are committing sexual offences with impunity, despite exclusive criminal jurisdiction over peacekeepers being granted to their sending states. In this original study O'Brien provides an in-depth, feminist analysis of US and Australian sexual offending law and jurisdiction over their military and military-civilian peacekeepers. Based on timely critical analysis, this book demonstrates the limitations states face in ensuring accountability for sexual exploitation and abuse by peacekeepers – a factor which directly contributes to ongoing commission of and impunity for such offences. Calling for a rights-based, transnational law response to these crimes, this engaging and thought-provoking work will appeal to international practitioners, governments, UN policy-makers, and scholars of international, military and criminal law.

Table of contents

• Acknowledgements
• Contents
• Acronyms
• 1 UN Peacekeepers, the Military and Sexual Exploitation
• 2 National Criminal Jurisdiction Over Australian and US Military Personnel
• 3 General Criminal Provisions of US and Australian Military Disciplinary Law
• 4 Rape
• 5 Prostitution-Related Conduct
• 6 Sexual Exploitation
• 7 Human Trafficking and Sexual Slavery
• 8 HIV/AIDS-Related Offences
• 9 Transnational Regulation of Peacekeeper Sexual Exploitation as Part of a Rights-Based Approach
• Appendix 1: History of Article 120 of the US Uniform Code of Military Justice in the Twenty-First Century: Pre-2006 Version (Effective 1992)
• Appendix 2: History of Article 120 of the US Uniform Code of Military Justice in the Twenty-First Century: 2006 Version (Effective October 2007)
• Appendix 3: History of Article 120 of the US Uniform Code of Military Justice in the Twenty-First Century: 2011 Version (Effective June 2012)
• Appendix 4: History of Article 120 of the US Uniform Code of Military Justice in the Twenty-First Century: 2016 Version (Effective at Unknown Date Before 1 January 2019)
• Case List
• Index