Allocating Individual Criminal Responsibility to Peacekeepers for International Crimes and other Wrongful Acts committed during Peace Operations

Abstract

To delve into the realm of peace operations and the allocation of individual criminal responsibility for international crimes and other wrongful acts committed by peacekeepers is to enter a legal dimension of countless discrepancies and legal vacuums that have impeded a uniform application of even the most basic principles of responsibility. It is yet a system incapable of linking the notions of shared responsibility and commitment to the direct consequences of intensifying multilateral and collective activity in international law. Thus, even when the commission of a crime or wrongful act has been recognized, those injured are regularly unable to hold the perpetrators responsible and due redress to the victims is rarely a common practice. In light of this, we have inquired into the causes of these inconsistencies and the underlining reality and challenges posed by an underdeveloped system of criminal law –be that domestic, military and international- vis-à-vis the sui generis nature of peacekeepers and peace operations’ inherent multidimensional character.

Keywords

• peace operations
• individual criminal responsibility
• jurisdiction
• international crimes
• wrongful acts