Sexual Exploitation and Beyond: Using the Rome Statute of the International Criminal Court to Prosecute UN Peacekeepers for Gender-based Crimes

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Title Sexual Exploitation and Beyond: Using the Rome Statute of the International Criminal Court to Prosecute UN Peacekeepers for Gender-based Crimes
Author O'Brien, Melanie
Journal Name International Criminal Law Review
Year Published 2011
Place of publication Netherlands
Publisher Martinus Nijhoff Publishers
Abstract Allegations and confirmed cases of misconduct by peacekeeping personnel have been revealed by non-governmental organisations, the press and UN investigations. The majority of misconduct has fallen under the term 'sexual exploitation and abuse'. Sexual exploitation and abuse has encompassed rape, sex with minors, trafficking, prostitution-related conduct, sexual exploitation, and other sexual abuse. This article discusses accountability in international criminal law for such conduct, first exploring the development of gender-based crime in international criminal law. The core of this article consists of an examination of the applicable law under the Rome Statute of the International Criminal Court, to determine whether or not the provisions could be used to prosecute peacekeepers for the crimes of rape, sexual slavery, sexual exploitation, prostitution-related conduct, and traffi cking. Real life examples of criminal conduct by peacekeeping personnel will be given to test the applicability of the Rome Statute provisions.
Peer Reviewed Yes
Published Yes
Alternative URI http://dx.doi.org/10.1163/157181211X587661
Copyright Statement Copyright 2011 Brill Academic Publishers. This is the author-manuscript version of this paper. Reproduced in accordance with the copyright policy of the publisher. Please refer to the journal website for access to the definitive, published version.
Volume 11
Issue Number 4
Page from 803
Page to 827
ISSN 1567-536X
Date Accessioned 2011-08-12
Date Available 2011-10-03T07:20:31Z
Language en_AU
Research Centre ARC Centre of Excellence in Policing and Security
Faculty Arts, Education and Law
Subject Criminal Law and Procedure; Human Rights Law; International Law (excl International Trade Law)
URI http://hdl.handle.net/10072/40747
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1

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