Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī (Nov 2013)

An Analysis of Criminal Jurisdiction over Peacekeeping Personnel

  • Amir Hossein Ranjbarian,
  • Hoda Shakib Manesh

Journal volume & issue
Vol. 15, no. 40
pp. 167 – 198

Abstract

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On numerous occasions over the past decades, the United Nationspeacekeepers have been charged with various offences against thecivilian populations they are commissioned to serve. To render criminaljustice, exercising jurisdiction over the accused is a requirement.Agreements between States and the UN prescribe that the peacekeepingpersonnel shall exclusively be subject to jurisdiction of the home States.further , the contributing States shall retain exclusive jurisdiction overviolation of International Humanitarian Law by peacekeeping forces. Thepresent article examines the criminal jurisdiction of national courts andthe obligation of home States to prosecute such offences, and it furtherattempts to discuss, inter alia, ICC role in this issue

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