Samenvatting

The main purpose of this dissertation is to provide a solution to the extensive lack of accountability and of effective remedies to the victims of Sexual Exploitation and Abuse at the hands of UN Peacekeepers. In order obtain this, existing literature was reviewed to understand the Department of Peacekeeping Operations’ legal framework and establish a pattern of existing remedies in this context. The latter was harder to investigate because academic literature is limited to exploratory research and few solutions are provided. Qualitative research methods were employed in the form of semi-structured and open-ended interviews with representatives from the juridical, academic, and non-governmental sphere. Through these two main methods, several conclusions were drawn. This dissertation argues that the international community shall recognise Sexual Exploitation and Abuse as a crime of a private law character under the UN Charter. This recognition could ultimately lead the Peacekeepers to not be granted functional immunity for SEA-type crimes, and the UN to waive its organisational immunity and provide an administrative remedy to the victims. To achieve judicial accountability and to eliminate the UN’s conflict of interests, an independent system of special courts should be established. Lastly, given its employer liability, the UN should establish a systematic compensation mechanism to be funded by the DPKO. Recommendations include further research on protection mechanisms for UN whistle-blowers and closer investigation to the needs and wishes of the victims of SEA.
This investigation is deemed important because the United Nations, and consequently its Peacekeepers, cannot continue to operate under de facto impunity when almost the entirety of their victims is left without any redress, especially in the face of gross abuses of universally recognised Human Rights.