Litigating Peacekeeper Child Sexual Abuse Report

Litigating
Peacekeeper
Child Sexual Abuse
Contents
REDRESS is an international human rights organisation that represents victims of torture
to obtain justice and reparations. We bring legal cases on behalf of individual survivors,
and advocate for better laws to provide effective reparations. Our cases respond to torture
as an individual crime in domestic and international law, as a civil wrong with individual
responsibility, and as a human rights violation with state responsibility.
CRIN is a global children’s rights advocacy network. Established in 1995, we press for Executive summary 4
rights – not charity – and campaign for a genuine shift in how governments and societies
view and treat children.
REDRESS and CRIN would like to express their thanks for the contribution of various
individuals and organisations to this report. In particular they would like to thank the law
firm White & Case for providing invaluable pro bono support on research, interviews, case
1. Introduction 9
study drafting and hosting events. The authors would like to thank those that provided
comments on draft portions of the report, including Roisin Burke, Eléonore Chiossone,
Larry Johnson, Sharanya Kanikkannan, Beatrice Lindstrom, Maxine Marcus, Sienna
2. The Legal Context 12
Merope-Synge, Kaila Mintz and Emma Schwartz. They also thank all those others that
offered their time in being interviewed for the report: Eugène Bakama, Sylvestre Bisimwa,
Marie Deschamps, Arsène Dieujuste, Rémy Djamouss, Carla Ferstman, Rosa Freedman,
3. Case Studies 22
Peter Anthony Gallo, Charu Lata Hogg, Kathleen Jennings, Mario Joseph, Michel Kaboyi, Case Study 1: Criminal and Civil Proceedings in Uruguay for Events in Haiti 22
Alicia Luedke, Beaupaul Mupemba, Ramita Navai, Adrien Nifasha, Sofi Ospina, Magda
Pacholska, Homayra Sellier, Alvaro da Silva, Sarah Smith, Mark Snyder, Jasmine-Kim Case Study 2: Criminal and Civil Proceedings in France for Events in CAR 27
Westendorf, and a number of others that preferred not to be named. Case Study 3: Right to Information Proceedings in Sri Lanka 33
Case Study 4: Criminal Proceedings in DRC for Events in CAR 38
Design by Miriam Sugranyes.
Case Study 5: Paternity Claims in Haiti 41
First published in January 2020.
Case Study 6: Criminal Prosecution in Pakistan and Civil Proceedings 44
(c) REDRESS and CRIN 2019. in Haiti for Events in Haiti
4. Obstacles to Accountability and Redress 48
5. Strategic Litigation of Peacekeeper Child Sexual Abuse 53
6. Avenues for Strategic Litigation 63
7. A Human Rights-Based Approach 73
8. Recommendations 81
UN Photo/Sylvain Liecht
04/12/2013 End Notes 85
MONUSCO Peacekeepers Patrol Town of Pinga, North Kivu
2 LITIGATING PEACEKEEPER CHILD SEXUAL ABUSE LITIGATING PEACEKEEPER CHILD SEXUAL ABUSE 3
Executive Summary
which they were entitled. The lawyers and NGOs interviewed repeatedly reported that
their clients did not feel they had obtained justice.
The case studies identify a number of main obstacles that prevent the perpetrators of child
sexual abuse from being held to account, and that prevent victims from obtaining redress.
A key factor was the quality of investigations, with fact finding by TCCs often being delayed
The widespread and enduring problem of sexual exploitation and abuse (SEA) by or limited by an absence of properly trained investigators, for example in Haiti. Interviewees
peacekeepers has been well documented over recent years. Many of the most reported that in CAR French investigations were at times carried out without the presence
disturbing cases have involved children, with peacekeepers from Sri Lanka, Uruguay, of specialists in crimes involving minors, mental health professionals, or any assurances that
France, Pakistan and other countries implicated in crimes in Haiti, the Central African the children would be placed in environments of personal security.
Republic, the Democratic Republic of Congo and elsewhere.
Immunities and the exclusive jurisdiction of TCCs posed another significant obstacle, for
Troop-contributing countries (TCCs) have shown themselves largely unable to example in the attempted prosecution of Pakistani peacekeepers for crimes committed
prevent abuse, prosecute the perpetrators or provide redress to the victims. The UN’s in Haiti. Throughout the case studies any attempted criminal proceedings in the host
role has also been criticised, prompting extensive internal reforms. countries were blocked by Status of Forces Agreements or by immunities, and any criminal
prosecutions that did take place happened in the TCCs. This opened the door for a range of
Much of the analysis to date has focused on the shortcomings in the various other difficulties, including the inability of the victims to participate in legal proceedings in
mechanisms that are meant to prevent, prosecute and remedy instances of abuse. foreign countries (for example in the DRC), a lack of capacity in the legal systems of TCCs (for
These include the control structures of peacekeeping missions; the safeguarding example also in the DRC), difficulties in accessing and collecting evidence and an absence of
functions of UN agencies; the investigative processes of TCCs and the UN Office of political will in TCCs to prosecute their own soldiers (for example in Sri Lanka).
Internal Oversight Services; the military or civilian criminal justice systems of TCCs
and host countries; and structures for providing support to victims. A lack of transparency in prosecution processes, particularly in military court martial
processes, was another significant barrier to justice. In many of the case studies it was
When these mechanisms have broken down, the victims, their families, and the impossible to determine whether and how the perpetrators were convicted and sanctioned.
NGOs and lawyers that represent them have on occasions turned to the courts. The Even when those seeking to determine the outcome of cases resorted to freedom of
litigation undertaken by victims of peacekeeper child sexual abuse to date has, information proceedings, they were unsuccessful.
however, received relatively little analysis. Its extent, its effectiveness, the obstacles
it faces, and the further opportunities available are the focus of this report. The key A range of reforms to policies, practices and legislation in TCCs and the UN are required to
findings are as follows. remove these obstacles to accountability and redress. These include improving the speed
and quality of investigations and adopting a more victim-centred approach; amending
Absence of litigation TCCs’ laws and criminal procedures to make them suitable for prosecuting crimes overseas;
increasing transparency and victim participation in prosecutions; suspending the
Extensive desk-based analysis and interviews by a multi-lingual research team from deployment of peacekeeping troops from TCCs that are unable or unwilling to prosecute
REDRESS and the law firm White & Case located only a small number of cases where child sexual abuse; and addressing commonly-held misunderstandings of the immunity of
victims had used the courts to address peacekeeper child sexual abuse – fewer than ten. those associated with the UN.
While it is possible that there are cases the research did not locate, it appears clear that,
despite the prevalence of peacekeeper child sexual abuse and the focus on peacekeeper Strategic litigation of peacekeeper child sexual abuse
SEA from an academic and policy perspective, litigation has been a relatively underused
tool so far by the lawyers and NGOs seeking to address the issue. One avenue for seeking to bring about these necessary reforms is through strategic
litigation. The use of strategic litigation in the peacekeeping context, involving both efforts
Obstacles to accountability and redress to obtain reparations and ongoing advocacy for structural reform, could successfully
prompt shifts in policies and attitudes resulting in substantive accountability and
The findings from the case studies in the report confirm the commonly held view that preventing future abuse.
peacekeeper child sexual abuse very often goes unpunished, and the victims are in
most cases left without any form of reparations. In each of the case studies suspected Strategic litigation in the peacekeeper context would employ various civil society
perpetrators were not convicted or were subjected to lesser sanctions than their crimes techniques, including advocacy, community engagement, capacity building and
merited. In not one of the case studies did the victim receive the full reparations to campaigning, alongside work on legal cases. It would seek to bring about a range
of impacts beyond the immediate cases, including changing legal frameworks on Human rights standards provide a crucial framework for assessing the UN and particularly
jurisdiction and immunities; deterring peacekeepers from future abuses; improving TCCs’ successes or failures in preventing, prosecuting and remedying peacekeeper
internal policies on monitoring and training; working in partnership and alliance to child sexual abuse. More pressure needs to be put on policymakers to ensure that the
implement the strategies suggested; and reducing stigmatisation and encouraging institutional structures responsible for preventing, prosecuting and remedying peacekeeper
more victims to report abuse. These would also reinforce victims’ legal right to a remedy child sexual abuse meet these human rights obligations. A key objective for lawyers and
and further UN Sustainable Development Goal 16 by increasing access to justice and NGOs engaging in strategic litigation should be to ensure that domestic and international
enhancing institutional accountability. courts and tribunals hold individuals and States to these standards.
A number of viable legal avenues exist for seeking to address peacekeeper child sexual
abuse through litigation. These range from actions against the individual perpetrator,
such as instigating criminal prosecutions and bringing direct civil claims (including
paternity claims), to actions against the TCC, such as civil claims in domestic courts of the
TCC or claims against the TCC at regional and international human rights bodies. Cases
against the UN would be more challenging given the UN’s far-reaching immunities.
Techniques that have been developed in other areas, such as the domestic prosecution
of international crimes using universal jurisdiction or the international enforcement
of commercial civil judgments, could be employed in this area to seek justice for
victims. They would require increased coordination between lawyers and NGOs in host
countries and TCCs.
The regional and international human rights bodies in particular present as yet unused
avenues for holding States to account for their failures to prevent, prosecute and remedy
peacekeeper child sexual abuse. Key possible venues would include the UN Committee
on the Rights of the Child, the African Committee of Experts on the Rights and Welfare
of the Child, the UN Human Rights Committee, the Inter-American Commission on and
Court of Human Rights, the European Court of Human Rights, the African regional human
rights bodies and the Committee Against Torture, among others.
A human rights-based approach
While the human rights obligations of the UN to prevent and remedy peacekeeper child
sexual abuse have been identified in analyses such as the 2015 Independent Review on
Sexual Exploitation and Abuse by International Peacekeeping Forces in the Central African
Republic, the human rights obligations of TCCs in this context have received less attention.
Peacekeeper child sexual abuse and institutional failures to prevent, prosecute and
remedy it implicate a range of rights under treaties such as the Convention on the Rights
of the Child, the Convention on the Elimination of All Forms of Discrimination Against
Women, the International Covenant on Civil and Political Rights, the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the
regional human rights treaties. Relevant rights include rights of children to be protected
from sexual abuse, rights of women to be protected from SEA, rights to privacy, the
prohibition on torture, rights to truth and rights to an effective remedy and reparations.
There also exists a wide range of soft law that is widely accepted by States and offers
guidance on how to investigate sexual violence, torture and other crimes. Legal hurdles
to such claims, including attribution and jurisdiction, exist, but existing jurisprudence
demonstrates they can be overcome.
1. Introduction
Allegations of sexual abuse of children The report identifies challenges and
during peacekeeping operations and lessons based on six case studies. These
impunity for the perpetrators is a long- primarily concern allegations against
standing and much publicised problem. UN military peacekeepers, as those are
Complaints first emerged in the 1990s the claims that were identified through
and have been made against military research for the report, and because, as
contingents, police, humanitarian and an organisation working across the globe
other civilian personnel in missions across to uphold principles of international law,
a range of countries. the UN should be the standard bearer
for tackling impunity in this area. The
Investigations into the issue suggest that report focuses principally on actions of
sexual abuse has been widespread and that the military personnel serving with TCCs,
a range of organisations and individuals as opposed to civilian peacekeepers.
have been implicated. It has been the However, the latter category is addressed
subject of a number of internal UN reviews at times.
and resolutions over the last two decades.1
Although SEA in peacekeeping contexts
This report focuses primarily on legal is recognised as pervasive, the exact
avenues to combat impunity in cases of scale of the problem is hard to ascertain.
child sexual abuse by peacekeepers in The UN has only issued detailed data on
UN operations.2 In doing so, it does not allegations of SEA in its peacekeeping
seek to undermine the important and operations since 2015. Some information
courageous work of the many people who was held prior to that date but significant
work for the UN with the greatest levels changes in methodology took place in
of integrity in difficult and dangerous 2007 and 2010, and victims’ ages were only
circumstances. Neither does the report recorded from 2008 onwards.5 Concerns
ignore the broader, systemic issues of SEA have been raised about the way in which
of adults by peacekeepers and within the data is gathered and recorded,6 and that
humanitarian sector more broadly.3 statistics fail to capture nuance or account
for intersectional power dynamics in
The report’s focus reflects REDRESS’s exploitative relationships between local
mandate to seek justice and reparations in inhabitants and peacekeepers.7
cases of torture (one of the many human
rights violations potentially implicated Even so, the number of formal allegations
by peacekeeper child sexual abuse4), that have been raised is disturbing.
and CRIN’s expertise on children’s rights, Between 2004 and 2016, the UN received
given the particularly tragic nature almost 2,000 formal allegations of SEA
of peacekeeper sexual abuse when by peacekeepers and other personnel
committed against children. However, it involved in UN missions, including more
is intended that the findings should also than 300 complaints involving children.8
have a broader application outside that The UN Secretary-General acknowledged
specific context. in his 2017 Special Measures report on
SEA, “we feel certain that not all cases are The report encompassed cases in which on behalf of victims could use and and further underscores one of the key
reported” 9 and practitioners suspect that children were the victims of sexual concludes by setting out a human rights- challenges to accountability being the lack
formal complaints made so far are only the abuse by peacekeepers and highlighted based approach that could provide of transparency in proceedings.
“tip of the iceberg”.10 the particular gravity of these crimes new substantive bases for seeking
committed against already vulnerable accountability in this area.
The UN has repeatedly asserted a “zero and marginalised individuals by the
tolerance” policy to SEA, stating its very people tasked to protect them. It The report concludes by setting out
prohibition amongst UN personnel and identified the absence of legal redress certain recommendations for reform that
affirming that every transgression will and adequate and effective reparation for find new or further support in the findings
be acted upon.11 Despite this, only a very victims and noted the failure to address of the research undertaken. They include
small number of perpetrators have been the problem as an urgent concern of the reforms for addressing particular hurdles
convicted, and accountability and redress highest magnitude. identified in the case studies, methods
for victims is almost non-existent. necessary for overcoming the challenges
Several national and international posed by sexual abuse against children
This is partly due to jurisdictional obstacles, NGOs have tried to challenge the lack specifically, and proposals for human
which prevent or limit the chances of of accountability for sexual violence by rights-based strategic litigation to address
prosecution of both military and civilian peacekeepers by taking legal claims existing failings.
peacekeepers. Concerns have also been through the courts. However, these are
raised about a lack of independence and often isolated examples and there has Methodology
transparency in the UN’s handling of so far been no comprehensive study
complaints of SEA within its operations, an that identifies those cases, assesses their The process of preparing the report
unwillingness to confirm that functional impact and considers how attempts to combined desk-based research with
immunity does not apply, as well as a lack achieve accountability through litigation detailed interviews of individuals to
of trained and experienced investigators. could be improved. identify relevant cases and assess their
These issues are compounded by the impact. A multi-lingual team from REDRESS
contexts in which the abuse occurs – in The purpose of this report is to examine and White & Case contacted over 70 key
situations of conflict and humanitarian the use of litigation as a means of lawyers, activists, academics, journalists
crises where the local population is already securing accountability and justice and former UN staff members that have
struggling and legal institutions may for the sexual abuse of children by worked on issues relevant to peacekeeper
be weak – and the difficulties in victims, peacekeepers. The report analyses a litigation across the world. Based on
especially children, conceiving of and number of cases that examine previous those contacts the team conducted
accessing avenues for justice and redress. attempts at accountability. These include over 30 interviews with individuals with
French domestic proceedings for crimes particular knowledge of litigation relating
Purpose of the report committed in CAR, civil paternity claims in to peacekeeper child sexual abuse.12
Haiti, freedom of information proceedings Alongside this REDRESS convened a
REDRESS published a report in September in Sri Lanka, domestic criminal proceedings roundtable meeting with CRIN and other
2017 on Sexual Exploitation and Abuse in in DRC, and a civil claim in Uruguay. The organisations to seek expert input on the
Peacekeeping Operations focusing on what report identifies a number of obstacles direction of the study.
happens to the victims of such abuse, a currently faced by the NGOs and lawyers
subject often overlooked and marginalised seeking accountability for child sexual In some of the cases featured a large
in debates on accountability. It identified abuse by peacekeepers. amount of information was available
the tendencies to situate liability solely publicly, and several individuals involved
with the direct perpetrators, rather than The report then goes on to examine in the case were contactable and available
the organisations and TCCs under whose how strategic litigation could be used for interview. In other cases, only a small
mandate those individuals operated, and to to address the underlying causes of amount of information was publicly
ignore victims’ right to redress in favour of peacekeeper child sexual abuse and available, and individuals involved were
charity and benevolence. impunity. It outlines potential legal difficult to locate. This is reflected in the
avenues that NGOs and lawyers acting varying levels of detail in the case studies,
2. The Legal Context
narrow framing of the issue within UN
reports. It highlighted that precisely who
is a victim remains unclear, with references
made in reports to “alleged victims” and
systems for assistance distinguishing
between complainants and victims, with
developed in an ad hoc manner, resulting in
a complex system of laws that have proven
difficult to operationalize and provide only
weak protections for victims of grave harms
perpetrated by peacekeepers.
more support provided to the latter.21 As In addition to the UN’s internal standards of
Sexual abuse and Victims defined observed in the report, this is invariably conduct dealing with SEA—including the
SEA defined an artificial distinction as processes to UN Secretary-General’s Bulletin adopting
The UN defines victims in the context determine who is a victim are beset by the a zero-tolerance policy to SEA25 (discussed
A wide range of acts with respect to of SEA as “a person who is, or has been, same problems that plague the criminal above)— peacekeepers are subject to
children are covered by the term “sexual sexually exploited or abused by United accountability process. Many individuals customary international humanitarian
exploitation and abuse”, which include Nations staff or related personnel and who were victimised are never recognised law (IHL), whether they are performing
rape and sexual abuse, trafficking, the allegation has been established as victims due to difficulties in providing duties of an enforcement or peacekeeping
exploitative relationships in which sex is through a United Nations administrative sufficient proof and the trauma involved in nature.26 Whether peacekeepers can be
required in exchange for things such as process or Member States’ processes as having to explain and be judged by people considered “parties” to an armed conflict
money, food, medicine and security. It is appropriate”.17 This requires establishing the victims perceive as being aligned to within the meaning of IHL remains a subject
well established that rape and other forms proof of the allegation to a very high the perpetrators.22 of debate;27 however, the UN has agreed
of sexual violence frequently amount to standard within a system in which that its troops are obligated to “respect and
torture and ill-treatment, and the gravity of UN personnel investigate possible The UN data on SEA in field locations ensure respect” for the Geneva Conventions
these forms of criminal behaviour against misconduct by other members of the distinguishes between allegations and its Protocols.28
children is often masked by the often-used same organisation. involving one or more victims under
acronym “SEA”. the age of 18, those that do not involve The extent to which the UN is bound by
The UN recognises that there may be a victim under that age, and those international human rights law (IHRL)
The UN defines sexual exploitation as “any a variety of reasons why the available where the age of the victim(s) is obligations is also contested. However,
actual or attempted abuse of a position of evidence is insufficient to substantiate a currently unknown.23 many scholars agree that the broad
vulnerability, differential power, or trust, complaint and that such a finding does protections enshrined by IHRL are
for sexual purposes, including, but not not necessarily mean the allegation was Applicable legal frameworks incompatible with a doctrine of absolute
limited to, profiting monetarily, socially or false.18 Nonetheless, its narrow definition immunity for international organisations,
politically from the sexual exploitation of of a victim, which is only conferred
Although the UN has clearly defined—and including the UN; similarly, courts have
another” and sexual abuse as “the actual or to those who have their complaint
prohibited—child sexual abuse, efforts recently found that human rights-based
threatened physical intrusion of a sexual substantiated, risks being at odds with
to seek accountability for cases of child challenges to UN immunity frameworks
nature, whether by force or under unequal the principle that an individual’s status
sexual abuse by peacekeepers have been might succeed if an individual’s human
or coercive conditions”.13 These definitions as a victim is not contingent on the
largely unsuccessful due to a combination rights have been violated by such
are endorsed by CRIN14 and REDRESS. apprehension of a perpetrator, which
of factors, including (i) the absence of a immunity.29 Accordingly, the UN (and
was affirmed in the UN Basic Principles TCCs) can likely be viewed as being
The UN Secretary-General’s 2017 report, single legal framework designed to cover
and Guidelines on the Right to a Remedy bound by IHRL, including, for example,
Special measures for protection from sexual peacekeeping troops and (ii) immunity
and Reparation19 and the 1985 Declaration the duty to respect and ensure respect
exploitation and abuse: a new approach, protections for UN personnel, as the
of Basic Principles of Justice for Victims for the right to life and the prohibition
identifies different forms of sexual abuse following sections now discuss.
of Crime and Abuse of Power.20 This is an against torture and ill-treatment, both
against children as including: child important principle which recognises that
The Charter of the United Nations, which of which are non-derogable, even in the
rape, sexual assault, solicitation of child victim status and the rights that flow from
grants the UN Security Council the primary context of armed conflict.
prostitution, trafficking for SEA, and other that are not contingent on the variables
forms of sexual violence against children.15 responsibility for the maintenance of
of a legal process over which the victim
All sexual activity with individuals under 18 international peace and security, does Additionally, as this report highlights,
has little or no control.
years of age is defined as sexual abuse by not explicitly envisage the creation of many of the abuses committed by
the UN.16 peacekeeping operations.24 Perhaps peacekeepers—such as SEA—can be
REDRESS’s previous report on SEA in
consequently, the laws and policies considered “ordinary crimes” under
peacekeeping operations noted this
governing peacekeeping personnel have domestic law, though they may also rise to
the level of war crimes or other IHL or IHRL According to the UN Model Status basis, including the outcome of the case.40 missions) also have ‘personal’ immunity,46
violations. As such, peacekeepers are in of Forces Agreement (SOFA), which The UN has committed to repatriating which accords them the same status as
theory subject as individuals to the criminal, governs the legal relationship between military or police personnel “where there diplomats and means they cannot be
civil and, in some cases, administrative laws a peacekeeping operation and the host is credible evidence of widespread or charged with a crime or subjected to most
of their home States (including military country, the exclusive responsibility to systematic [SEA].”41 The government of the civil proceedings.
disciplinary procedures as per national discipline and criminally sanction military TCC is obliged to ensure that the case is
military criminal codes or regulations).30 contingents rests with TCCs.34 Under the forwarded to the appropriate authorities Where immunity does apply, the Secretary-
However, as the following section discusses, Memorandum of Understanding agreed for action.42 General of the UN has the right to waive
immunities and jurisdictional challenges between TCCs and the UN, those countries that immunity where it would “impede the
often frustrate efforts to seek accountability retain primary authority to investigate TCCs can initiate court-martial or criminal course of justice”,47 but this power is rarely
for abuses committed by peacekeepers in allegations of misconduct, including of prosecution proceedings against alleged used and prosecutions of UN civilian staff
their home States. SEA, and jurisdiction to impose criminal or perpetrators. However, this is only possible for crimes committed on overseas missions
disciplinary sanctions.35 if they have legal authority to prosecute are extremely rare. Both the 2005 landmark
Immunity and jurisdictional domestic crimes extraterritorially. Many report of Prince Zeid Ra’ad Zeid Al-Hussein
challenges This provides protection from the States do not have this and those that into SEA on peacekeeping missions48
jurisdiction of the host country, which do may face domestic pressures that and the subsequent report of the Group
is prevented from investigating or limit the chances of bringing successful of Experts tasked to advise how best to
The UN’s founding treaties provide that prosecuting any crimes except where prosecutions (see further Chapter 4). In overcome remaining legal barriers
it has the status of a legal person under a soldier is court-martialled in situ both circumstances, the result is impunity. to criminal accountability of
the domestic law of its Member States. It and transferred to local authorities for peacekeepers49 recommended that
enjoys on their territory such privileges prosecution.36 But even in those cases, the Civilian peacekeeping personnel immunity be waived to allow the
and immunities as are necessary for it TCC holds the responsibility to determine host country to investigate and prosecute
to fulfil its purposes,31 and it “shall enjoy how to respond to the matter. It is possible UN civilian staff are immune from any where appropriate.50
immunity from every form of legal process” for a TCC to waive the jurisdictional bar that legal process for all acts performed in
in all its operations unless it expressly prevents investigation and prosecution by a their official capacity.43 Criminal acts of
waives its immunity.32 host country, but this rarely happens. SEA do not constitute official acts of a UN
employee, and are therefore not covered
The UN and its entities, including The UN must notify TCCs of any reports by this functional immunity.44 However, the
peacekeeping missions, are immune from of SEA that implicate their military UN asserts the right to determine whether
legal process on any subject and in personnel and the sending State then allegations constitute criminal behaviour
any country. has ten days within which to indicate if and whether functional immunity applies
it intends to investigate the allegations to an alleged perpetrator. The effect of this
Routes to criminal accountability are also (five days in the case of situations deemed is that UN personnel are shielded from
affected by UN immunities rules and the to be of heightened risk).37 The TCC can legal processes in the host country while
process that applies to an investigation choose to investigate allegations of SEA the UN evaluates the circumstances of the
depends on the status of the alleged in collaboration with the UN’s Office of allegation and assesses whether immunity
perpetrator.33 Internal Oversight Services (“OIOS”). The applies, meaning immunity applies until
UN can also initiate an administrative that assessment is completed.
Peacekeeping troops investigation where the TCC is unwilling
or unable to do so,38 and can start Additional protections are provided for
Members of military contingents a preliminary fact-finding inquiry if experts on mission. They are deemed
deployed in UN operations, as well as necessary to preserve evidence if the inviolable while on mission,45 meaning
some police and civilian staff sent by government of the TCC does not start, they are immune from legal processes and
their governments to fulfil military roles or until it starts, its own investigation (at afforded protection from any interference
on those operations, remain under the which point the fact-finding report will be with their integrity during the mission.
exclusive criminal jurisdiction of their transferred to the TCC).39 Where the TCC
national government. conducts its own investigation, it must The highest levels of UN staff (this
update the UN of progress on a regular generally includes heads of peacekeeping
UN processes for handling allegations of SEA.51
Member State reports to UN

SEXUAL EXPLOITATION AND ABUSE Substantiated Allegation
on conclusion and action taken
Management of Reports and Allegations Involving UN Personnel UN repatriates Military and

Police personnel, barring them
In Peacekeeping and Special Political Missions from future service
Member State completes investigation
Suspended payments are
transferred to the Trust Fund
in support of victims of sexual
Member State investigates2
Unsubstantiated Allegation exploitation and abuse
Disciplinary action may still
Member State has 10 days to notify UN result for other breaches of rules
whether it will investigate Military personnel3
VICTIM
UN Notifies Member State of Military
WITNESS
or Police contingent personnel
COMMUNITY-BASED
COMPLAINT MECHANISM Interim action, e.g., UN suspends payments
Public
Announcement
by Mission
REPORT FACT FINDING
ALLEGATION Member State
SOURCES OF RECEIVED UN CONCLUDES ONGOING
ASSESSMENT DECISION RECORDED AS does not respond
REPORTS DISCIPLINARY VICTIM
Victim POINT SEXUAL EXPLOITATION or declines
INCLUDE EVIDENCE CASE ASSISTANCE 1
Assistance AND ABUSE to investigate
Initiated 1 PRESERVATION
Public Reporting
on UN Website 4 Outcome
Reported to
Sources of
Information assessed Reports
NGO as not being sexual UN5 investigates Civilian, Police,
exploitation and abuse
MISSION STAFF and Military Experts on Mission
Possible investigations personnel, as well as Military personnel
MEDIA for other breaches
not investigated by Member State
of rules
Interim action, e.g., administrative leave without pay Unsubstantiated Allegation
Disciplinary action may still
UN to complete investigation result for other breaches of rules
in 6 months, where possible 6
UN completes investigation UN repatriates Military and

Police personnel, barring them
Ou
tc o
me from future service
Re
po
r te
dt UN takes disciplinary action
Member State o So Substantiated Allegation
urc against civilians; UN may refer
United Nations es
to Home State for criminal
For Military/Police personnel issues
UN reports to Member State
accountability
1. Victims assistance includes medical and psychosocial services, as well as legal services Member State reports to UN
to assist with paternity cases
2. Secretary General requests Member States to adopt six month timeframe for investigations (A/70/729 para 50)
on action taken
shortened to three months when circumstances suggest the need for urgency
3. Ten days timeframe for notification can be shortened to five days when circumstances suggest the need for urgency Suspended payments are
4. www.conduct.unmissions.org transferred to the Trust Fund
5. OIOS and/or Mission in support of victims of sexual
6. Six month timeframe for UN investigations for SEA will be shortened exploitation and abuse
to three months when circumstances suggest the need for urgency (A/70/729 para 51)
Non-UN peacekeeping personnel their home State and civilians should be
transferred to local authorities. However,
Allegations of SEA have implicated non- the practice differs from the theory
UN personnel, such as staff of NGOs and there has been persistent failure to
who implement UN programmes on the appropriately apply the rules relating to
ground52 or peacekeepers operating under SEA in peacekeeping missions, resulting in
mandates of regional organisations.53 The an almost complete lack of accountability.
UN has established an internal system The case studies within this report provide
to follow up allegations involving non- detailed examples of how the system
UN personnel with the relevant Member operates in practice, and the challenges
State and includes prevention and this poses are summarised in Chapter 4.
response measures in Security Council
resolutions on country-specific situations.54
Nonetheless, the extent to which UN
doctrine and guidance applies to non-
UN personnel operating within a UN-
mandated mission is unclear. The failure
of the UN to address child sexual abuse
by French troops in Operation Sangaris,
a Security Council- authorised mission in
the Central African Republic that deployed
alongside the UN operation MINUSCA, is
discussed at Case Study 2 (French Sangaris
peacekeepers in CAR). This case illustrates
the lack of clarity and legal protection in
this area.
UN Security Council Resolution 2272 on

Sexual Exploitation and Abuse (adopted in
March 2016) “urges all non-United Nations
forces authorised under a Security Council
mandate to take adequate measures
to prevent and combat impunity for
sexual exploitation and abuse by their
personnel.” It calls on UN Member States
to repatriate their own units from non-UN
missions where there is credible evidence
of widespread or systemic SEA by those
units, and to appropriately investigate
allegations and hold perpetrators to
account.55 Ultimately, this merely “urges”
non-UN forces to hold themselves to
account and provides even weaker
accountability measures than apply in full
UN missions.
Under the above frameworks, soldiers

accused of SEA should be prosecuted by
LITIGATING PEACEKEEPER CHILD SEXUAL ABUSE - CASE STUDIES
CASE STUDY 6 CASE STUDY 2

Pakistani
P French Sangaris
peacekeepers peacekeepers
acekeepers
in Haiti in CAR
CASE STUDY 5
Paternity
claims
in Haiti
CASE STUDY 1
Uruguayan
peacekeepers
in Haiti CASE STUDY 3 CASE STUDY 4
Sri Lankan DRC
RC
p
peacekeepers peacekeepers
e
in
n Haiti in CAR
3. Case Studies
MINUSTAH’s record between 2004 and
2017 has been dogged by controversy.59
MINUSTAH introduced a deadly cholera
epidemic to Haiti through improper waste
management that has killed over 10,000
people since 2010.60 Its troops have also
Additionally, in the wake of public
outrage, the head of operations of the
Uruguayan Navy in Haiti was dismissed
from his position.
Legal proceedings
been accused of committing a number of
other human rights abuses and crimes, Several investigations into the alleged
including extensive SEA.61 A 2013 UN assault were opened by the UN Mission in
investigation declared this particular Haiti, the Uruguayan Defence Ministry, and
form of violence the ‘most significant the Haitian authorities. A UN spokesperson
risk to UN peacekeeping missions’ and stated that the five alleged attackers were
suggested that MINUSTAH experienced confined to their barracks pending the
amongst the highest rates of SEA62 outcome of three investigations and that,
despite the UN’s ‘zero tolerance’ policy. if the allegations proved to be true, the
perpetrators “must be brought to justice.”69
In July 2011, five marines from Uruguay In its preliminary report, the UN stated that
stationed in the southern town of Port- Johnny Jean had not been raped but that
Salut in a peacekeeping capacity sexually the troops were at fault for permitting a
assaulted a local teenage boy named civilian to enter a military camp.70
Johnny Jean, who at the time was still a
child.63 Jean was reportedly abducted on In September 2011, the five soldiers and
his way home from a football match and their superior officer were repatriated
taken to the barracks of MINUSTAH, where to Uruguay.71 Under the SOFA entered
he was beaten, and gang raped. The into by the Haitian government and the
assault was recorded on a mobile phone United Nations in 2004, Uruguay retained
by the peacekeepers, and the footage jurisdiction over its troops, granting the
was leaked a month later,64 resulting in soldiers immunity from the Haitian State
UN Photo/ Logan Abassi protests in Haiti outside the UN base.65 and placing the burden of prosecution
Case Study 1: Criminal and Civil

Shortly after the assault, the victim and on Uruguay.72
his mother told Haitian radio stations that
he was raped by the Uruguayan marines,
Proceedings in Uruguay for Events in Haiti and they gave evidence to the Haitian
Three proceedings then occurred in
relation to Johnny Jean’s case: military,
police and a local judge.66 criminal and civil proceedings.
In response to the public outrage over Military procedure

Facts rights. MINUSTAH ended in October 2017 Jean’s assault, Uruguayan President
and was replaced by a smaller follow- Jose Mujica wrote to Haitian president Under Uruguayan law, members of the
The United Nations Stabilization Mission up peacekeeping Mission, the United Michel Martelly, assuring him that the military may be disciplined under both
in Haiti (MINUSTAH) was established Nations Mission for Justice Support in perpetrators would face the harshest military and civilian law.73 In this case,
by UNSC Resolution 1542 on 1 June Haiti (MINUJUSTH).56 At its peak, nearly possible sanctions.67 For his part, the accused soldiers were placed in jail
2004, following instability generated by 7,000 soldiers and 2,000 police officers as President Martelly stated that he during the initial investigations by the
the 2004 coup d’état against President well as civilians, served in Haiti;57 the first “vigorously condemned” the actions authorities.74 At the time, a spokesman
Jean-Bertrand Aristide. MINUSTAH’s peacekeeping mission to have a majority of those involved, and requested that for the Uruguayan Defence Ministry said
mandate was to restore a secure and of troops from Latin America, with Brazil the relevant authorities meet with UN in a statement that “the Navy wants to go
stable environment, support the providing the largest contingent as officials to ensure that such acts did not beyond the simple fact of the video [to
electoral process, and support the well as the military commander of the occur again.68 determine] if there are other violations
promotion and protection of human peacekeeping forces.58 of conduct”. He added that the “suspects
will be tried and sentenced appropriately”.75 The victim faced several difficulties over significantly less than for a rape charge89 Though Uruguay was required to respond
Possible punishments included the possibility the course of the proceedings, including which carries a minimum of two years and to Jean’s claim within 30 days of its
of a dishonourable discharge from military that the victim’s court-appointed translator a maximum of twelve years in prison. presentation (which occurred in July 2015),
service or loss of retirement benefits.76 could not speak Haitian Creole fluently, the government argued that the limitation
despite the victim’s testimony being In March 2013, the defendants were period had run out, despite a prior
On 19 September 2011, the five central to the case. Mr Espérance expressed convicted of the private violence charges,90 administrative investigation that set 28
peacekeepers were charged by the military concerns about the Uruguayan lawyer who and were sentenced to two years and July 2015 as the deadline for submission.
court for the “crimes of disobedience and was appointed to the victim, stating that he one month in prison. The sentences were To settle this statute of limitations dispute,
omissions in the services,” and required did not believe the lawyer was defending suspended and they did not spend any both parties were ordered to present all
to serve pretrial detention.77 They were the victim’s interests. Mr Espérance also time in prison.91 After the sentencing, the relevant evidence, including the date of
provisionally released in December 2011 voiced uncertainty about the UN, Uruguay defence attorney claimed that Johnny the attack in question; reports from the
pending the decision of the Uruguayan and Haiti’s involvement in the case, and Jean was lying about the abuse and prior criminal and military procedures;
criminal court (see section below).78 It is concern that the Haitian government requested an appeal of the conviction and witness testimonies; and time-stamp
not clear whether the perpetrators faced appeared to fade into the background and an investigation against him for slander information from the video of the attack.97
any additional consequences as a result of was not involved in the judicial process.84 and defamation.92 It is unclear whether the
the military procedure. He argued that the whole case appeared investigation against Johnny Jean was ever This procedure has not been resolved
to be focused on how best to acquit the initiated, and the outcome of any appeals yet.98 Witnesses have testified, including
Criminal procedure defendants instead of seeking justice and process is also unknown. the victim’s stepfather, who was among
reparation for the victim. the first people aware of the event. The
In January 2012, a UN official confirmed Civil procedure court has yet to analyse the memory card
that the accused soldiers had been Following the victim’s testimony against containing the video of the attack, which it
released from jail in Uruguay. According the defendants, Mr Charles voiced In Uruguay, victims may claim damages received in December 2018.99
to the Uruguayan prosecutor in charge of frustration at the Haitian government’s in civil tribunals. Johnny Jean’s legal team
the case, the inability to locate the victim indifference and lack of engagement in brought a case against the Government Impact
for his testimony had effectively stalled the case, which he argued amounted to of Uruguay before the Tribunal de lo
the case. This argument was refuted by the an interference with Mr. Jean’s right to Contencioso Administrativo, which handles The unsatisfactory conviction of “private
victim, who stated in a telephone interview redress and access to justice. He stated claims against the State for the acts or violence” in this case diminishes the
that no one had ever asked him to provide that if necessary, they would launch a case omissions of State agents where potential severity of the assault and does not impose
a testimony. He stated: “They know where against the Haitian government.85 damages exceed USD 17,000.93 an adequate sanction on the perpetrators.
to find me, if they take me, I will go.”79 The failure to recognize Johnny Jean’s legal
Following the victim’s May 2012 testimony, Johnny Jean faced several key challenges status as a survivor of rape denies him an
In May 2012, the victim travelled to four defendants were charged with “private in bringing his civil case. Under official apology, and amplifies the stigma
Montevideo in Uruguay to testify against violence” (or “coercion”) rather than sexual Uruguayan law, the statute of limitations associated with sexual assault.
the defendants, although he received only assault, in late August 2012. The prosecutor is not interrupted or suspended by
partial financial support to do so.80 He was in the case reportedly stated that the “the ongoing criminal procedures, though States are bound by international human
accompanied by two American lawyers evidence on record does not support some acts (such as an investigation) rights obligations to provide adequate
(Edwin Marger and Mike Pugliese),81 findings of sexual assault . . . [but that] may suspend the limitation period.94 compensation for harms suffered.
Haitian lawyer Gervais Charles, and Pierre force was used to oblige another person Consequently, by the time his legal team However, beyond the minimal financial
Espérance, director of the Haitian National to tolerate an action against their will”.86 sought to initiate civil proceedings, assistance provided to defray the cost of
Network for the Defence of Human Rights In particular, the prosecutor determined the limitation period—four years in Jean’s travel to Uruguay to testify, he has
(RNNDH). Jean completed an additional that the evidence available did not Uruguay—had nearly run out.95 received no financial compensation or any
series of medical exams upon his arrival in demonstrate penetration sufficient for a other form of reparation to date.
Uruguay.82 During his testimony, the victim criminal charge of rape.87 Evidentiary challenges, stemming both
was asked to identify his abusers from a from the location of the crime in Haiti Today, despite ongoing support from
line-up of fourteen uniformed men.83 Mr Private violence is a lesser offence than and Johnny Jean’s present location his family, Jean continues to face serious
Espérance also confirmed that Johnny Jean rape or sexual assault under Uruguayan in the United States, and language mental health problems as a result of the
testified against the soldiers on 10 May law,88 and carries a penalty of between differences further complicated the civil assault and is unable to peacefully think
2012 during a three-hour hearing. three months to three years in prison— proceedings.96 of or plan for his future. Following the
rape, he felt obliged to leave his home of occurred. Johnny Jean would have
Port-Salut and seek refuge in the country’s benefited from both psychosocial support
capital Port-au-Prince, before moving to and access to a victims’ rights liaison
the United States.100 familiar with similar cases of abuse at the
hands of peacekeepers.102 In this regard,
Although this case caused public outrage Johnny’s situation as a child at the time of
both in Haiti and abroad, there is little the events does not seem to have been
evidence that it has had an enduring considered during the proceedings.
impact on how peacekeepers are regulated
or policed outside of their own jurisdiction The geographical distance also placed
for criminal conduct that took place in the a significant financial burden on the
host country. Rather, Johnny Jean’s case investigation—without pro bono support,
highlights how UN soldiers committing the victim would not have been able to
human rights abuses while deployed on pursue the litigation. That Johnny Jean
missions benefit from the existing legal was in the United States at the time of the
and practical obstacles present in this case. proceedings also complicated the case,
due to time differences and the language
Challenges/lessons learned barriers inherent in the case.
Though the Uruguayan criminal justice Individuals working on the case expressed
system provided some measure of frustration that the UN and Haiti
accountability for the abuses committed government’s involvement was limited,
making the gathering of evidence more UN Photo/Catianne Tijerina
by the peacekeepers in question,
Case Study 2: Criminal Prosecution in
significant evidentiary and logistical difficult and potentially frustrating any
challenges impeded all three proceedings efforts to obtain reparations or redress
in this case. Most significantly, though
defendants were sentenced through a
for harms suffered. Despite initial public
outrage when the Uruguayan media France for Events in CAR
domestic criminal procedure, the sanctions published Johnny Jean’s story, as the legal
imposed were not proportionate to the proceedings dragged on, interest faded. In
gravity of the facts, making their deterrent this context, NGOs and lawyers involved
effect doubtful. in these cases could consider engaging
with the relevant local communities Facts widely considered to have been when a
As noted, gathering evidence was through ongoing advocacy and activism, to
leader of the Séléka rebel group, Michel
difficult, both because the facts occurred encourage governments to participate fully Operation Sangaris was a French military Djotodia, declared himself President of
in a second country (Haiti), and because in similar proceedings, though they also mission that operated in Central African CAR after his forces took control of the
the perpetrators were no longer in face challenges due to limited resources. Republic (CAR) from 2013 until 2016. capital Bangui and forced President Bozizé
that country. Over the course of the The mission was sent to support the to flee the country.
multi-country investigation, the victim African Union Mission to the Central
was examined by doctors and testified African Republic (MISCA) to prevent Operation Sangaris officially began
to judicial officers in both Haiti and religious cleansing and potential genocide overnight on 5 to 6 December 2013
Uruguay, reportedly resulting in his re- between the Muslim Séléka rebels in the following the adoption of UN Security
traumatization without any concomitant north of CAR and the Catholic majority Council Resolution 2127. While France was
psychosocial support.101 Further, it is population in the south of CAR. The authorized to engage in a peacekeeping
understood that Johnny Jean’s case was French government warned that the mission by the Security Council, the
not handled by investigators specialised CAR was on the verge of genocide103 and Operation Sangaris troops were not UN
in proceedings involving sexual violence, advocated at the UN Security Council for peacekeepers per se. French forces first
exacerbating the victim’s sense of shame an intervention, resulting in the adoption entered CAR in November 2013 after
in testifying about the events that had of Resolution 2127. The tipping point is the request of the African Union Peace
and Security Council (AUPSC) to provide (“juges d’instruction”).110 The judges focused interviewed a number of times and of the victims: ECPAT France, Enfance
support to the MISCA, and carried out on fourteen French soldiers.111 French had not received the required trauma et Partage and Innocence en Danger.
peacekeeping, disarmament, and security investigators were sent to CAR in 2015 and care.120 Some of the French investigations They intervened at the investigation
restoration missions until 30 October 2016. 2016 to question children that had come were reportedly conducted without the stage by asking for further points
forward. It is understood that there were presence of specialists in crimes involving to be investigated in CAR. However,
The French intervention in CAR is widely forty-one potential child victims.112 minors, mental health professionals, or their requests were rejected by the
believed to have prevented a rapidly any assurances that the children would investigating judges.130 Some have now
destabilizing situation from descending into Issues of reliability arose with some of the be placed in environments of personal appealed the decision not to prosecute,
a violent genocide. Nonetheless, the French claims in the testimonies gathered by the security.121 It is understood that a specialist and the case is pending before the Court
intervention was not without problems. investigators in CAR.113 Presented with in interviewing children was only included of Cassation.131 If the Court quashes the
Multiple allegations began to emerge that a number of pictures, a child claimed to on one of the French investigative decision, the case will go back to the
French troops in CAR had sexually abused recognize their aggressor despite the pictured missions.122 As a result, too little regard was lower court.132
children in internal displacement camps in person not having been in the military. given to the young age of, and the trauma
exchange for food.104 Another was said to have conceded to having suffered by, the victims.123 UN investigation
lied, and one child claimed to remember
Legal proceedings the name written on the alleged assaulter’s In August 2015, four members of On the orders of the UN Secretary-General
uniform but was unable to read the word Operation Sangaris were interviewed at the time, Ban Ki-moon, following
French legal proceedings “maman” (mother).114 The assertion was that by French investigators. It is understood public outcry, a call for an independent
some children, given the lack of personal that only one of them was placed under investigation by the Code Blue Campaign,
The UN was informed of the child sexual security in CAR, were using the process as “garde à vue” or custody during the and demarches by UN Member States,
abuse allegations against French troops an opportunity to receive aid and thus were investigation.124 Furthermore, despite the UN commissioned an independent
in the spring of 2014.105 However, the case fabricating accusations.115 The teacher who the nature of the alleged violations, the review into the allegations and the UN
was only brought to the attention of the had played the role of an intermediary in judges preferred to use for the others response. The investigation was chaired
French authorities in late July 2014, when collecting victim’s testimonies and continued the “audition libre”, the least demanding by Canadian Justice Marie Deschamps.
a confidential UN report was provided to to be in touch with some children was also way of hearing suspects’ statements.125 The Independent Report issued in 2015
France’s Defence Ministry by a whistle- accused of corruption by the judges and Whist members of the Operation Sangaris found that the allegations of sexual abuse
blower, Anders Kompass, a relatively high- excluded from the process.116 (adults and alleged perpetrators), who had been “passed from desk to desk,
ranking official in the Office of the UN High could have been interviewed several inbox to inbox, across multiple UN offices”
Commissioner for Human Rights (OHCHR) However, interviewees have raised doubts times without affecting the relevance of without action.133 The report stated that
in Geneva.106 The six-page report had been about the quality of the investigations their depositions, were only interviewed “the violations were likely not isolated
drafted by Gallianne Palayret, a UN Human carried out, by both the UN and French once, children and alleged victims, for incidents” and that “they could potentially
Rights Officer who conducted interviews investigators. Some children were whom multiple testimonies were likely to indicate the existence of a pattern of
with six young boys who said they had interviewed several times, including weaken the administration of justice, were sexual violence against children by some
been lured into oral sex by French soldiers shortly after the abuse, while others were interviewed multiple times.126 peacekeeping forces in CAR.” 134
in Bangui, in return for food and sometimes only interviewed almost two years after
money.107 The report also mentioned the occurrence of the incidents.117 It also In March 2017, the prosecutors The report found that at its source there
peacekeepers from Chad and Guinea. remains unclear whether the UNICEF recommended that no charges be issued in was a misconception amongst UN
evidence-gathering mission took all the case as they were not able to “materially staff about when they were supposed
These investigations were confirmed the necessary precautions to fulfil the corroborate” the allegations.127 With the to report sexual assault. Two competing
publicly in an April 2015 Guardian standards of proof for upcoming criminal investigators’ reports, the Prosecutor’s office policies on sexual abuse seem to be at
article,108 after Aids Free World provided proceedings.118 The children involved decided there was insufficient evidence and the source of this misconception. The first
the newspaper with a copy of the report. did not receive any adequate assistance, in March 2017 requested for the case to be is a policy for UN officials to respond to
especially medical care, which could have dismissed.128 Almost a year later, in January instances of SEA by UN actors. The second
The Paris Prosecutor’s office opened a helped prove the sexual abuse given the 2018, the French magistrates dismissed the is an obligation to protect vulnerable
preliminary investigation in July 2014.109 lack of other evidence.119 case against French soldiers.129 members of the local population, as rooted
Following the first investigations, a judicial in the UN’s human rights mandate. In
investigation (“information judiciaire”) was By the time French investigators Several civil parties (“parties civiles”) its conclusion, the report found that UN
opened in May 2015 led by three judges arrived some children had already been have participated in the case on behalf agents at times would see SEA perpetrated
by individuals not under UN auspices, parties involved in the French legal The Sangaris case also had an impact on there has been increased pressure on
such as the French forces in Operations proceedings also stated that, to their the African public opinion, particularly the UN to be more transparent about
Sangaris, and believe they had no need knowledge, children had not received any in CAR. Local newspapers covered the its reporting on SEA by peacekeepers.
to report those crimes to their superiors. compensation or support.139 case and criticized the impunity of the Following the Sangaris allegations, the UN
However, the human rights mandate in soldiers, as well as the failure of the CAR took a number of steps. In February 2016,
fact applies whenever the UN learns of In March 2017, an investigation by Swedish government to protect its citizens.146 the UN appointed Ms. Jane Holl Lute as
a human rights violation. As such, even television revealed that, while UNICEF While the authorities of CAR were not the Special Coordinator on improving the
though the French presence was separate was supposed to support the victims of involved in the French legal proceedings, UN response to SEA.152 Secretary-General
from the later “blue helmet” peacekeepers, abuse by peacekeepers, many of these they publicly expressed their regret at the António Guterres committed to a renewed
the report reiterated that UN officials children were homeless, living in the lack of consideration for the child victims zero tolerance policy in December 2016.153
should still report when they witness streets without protection.140 UNICEF after the dismissal of the case.147 In fact, In August 2017, the UN appointed Ms.
human rights violations. then acknowledged that it had failed in one investigation was opened by the Jane Connors as the UN-wide Victims’
its duty to help the victims but that new Prosecutor in Bangui in April 2015, but it Rights Advocate at the UN headquarters.154
A more contentious action taken by steps were taken to locate and support the was closed and forwarded to the French Her role is to work with governmental,
the UN was investigating the conduct children featured in the programme.141 One authorities in June 2015.148 civil society, and legal and human rights
of Anders Kompass, the UN official interviewee reported that UNICEF brought organizations to build support networks
who first provided the report to French a psychologist from Senegal to examine French military to ensure remedies for victims are
authorities.135 At the time Anders Kompass the children, but that his recommendation implemented. Some NGOs have, however,
was the Director of Foreign Operations they receive psycho-social support was The French army conducted a disciplinary raised questions about the role’s lack
and Technical Assistance for the Office of never fulfilled.142 investigation into the case and, according of independence.155
the High Commissioner for Human Rights to a lawyer involved, the Sangaris case
in Geneva. Following his providing the
Public opinion led the military to review and amend its Challenges and lessons learned
report to the French authorities, Kompass policies on troop conduct when operating
was suspended for nine months and was abroad.149 However, as cautioned by other French legal system
The case brought significant media
faced with dismissal for his decision. It interviewees,150 it is very difficult to access
attention in France and abroad to the
was reported that Kompass was driven by the internal policies and procedures of The French justice system appears to
issue of peacekeeper child sexual abuse.
his belief that the UN had failed to take any military justice system. As a result, have failed to respond adequately to
International newspapers, such the
sufficient action to stop the abuse.136 After it is difficult to establish what effect the multiple challenges raised by the
Guardian and The New York Times covered
a nine-month suspension Anders Kompass any changes adopted by the French case. The investigators sent to CAR were
the Sangaris case from the initial news
was exonerated by the independent military have had. The lack of in-depth not specialised in complex crimes and
about the abuse to the decision to dismiss
review into the sexual exploitation by investigation into the acts of the main did not have the expertise required to
the case.143 In France, newspapers of record
peacekeepers and an investigation by the suspects and the dismissal of the case work with child victims of sexual abuse.
such as Le Monde published a number of
Office of Internal Oversight Services.137 risk strengthening the feeling of impunity Special guidelines and procedures are
articles following the case.144
among members of the armed forces.151 needed to ensure the independence and
Impact The Sangaris case also raised awareness It is necessary for the French military effectiveness of such kinds of complex
about the issue among the French legal authorities to put in place the appropriate overseas investigations in conflict and
Victims community and mobilised NGOs to work policies to prevent these alleged crimes post-conflict areas. France has war crimes
on the issue, as attested by the number from taking place to preserve evidence investigators who are gaining expertise
To date, the French legal proceedings of civil parties that participated in the in the event of future litigation. It is also in conducting these kinds of complex
have not resulted in reparations for any of case. Even if the Court of Cassation were important for them to state publicly the investigations involving vulnerable
the victims. to uphold the decision to dismiss the reforms implemented and the impact victims. But that expertise was used for this
case, the associations involved as civil they have in preventing these types of investigation as it was siloed into a military
In 2017, the Guardian reported that parties have expressed their interest violations in future operations. internal disciplinary matter.156 In addition,
children who had allegedly been abused in continuing their advocacy and legal the investigating judges did not take
by peacekeeping soldiers had not received engagement to support child victims of UN reporting into account the recommendations and
support, despite assurances from the similar acts of sexual violence.145 demands of the civil parties, despite their
UN that they would be protected.138 Civil Following the public attention on the UN’s expertise in dealing with child victims and
inaction prior to the April 2015 publicity, sexual violence.157
UN response The Sangaris case also highlighted
the failure of UNICEF in assisting and
While the Sangaris troops were not UN protecting child victims of sexual abuse
peacekeepers, the UN’s knowledge of their by peacekeepers. The case illustrates the
conduct still implicated the UN’s human need for a holistic approach to these cases,
rights obligations. The UN’s lack of effective involving the relevant UN bodies in the
response and undue delay in reporting to best interests of the child victims, to secure
the French authorities posed significant them adequate reparations and guarantee
obstacles to secure the evidence needed non-repetition.
subsequently by the French authorities
to investigate and prosecute. As with the
French investigation, the UN investigation
did not appear to follow best practices in
interviewing child victims and failed to be
accompanied by appropriate safeguards
and psychosocial support.
Whereas the UN system has developed

advanced expertise in responding to
and documenting conflict related sexual
violence, peacekeeper SEA is siloed
into a separate category of disciplinary
UN Photo/Pasqual Gorriz
infractions. As such, it appeared from
the situation in CAR that the expertise
from the human rights sector had not Case Study 3: Right to Information Proceedings
filtered into situations where the alleged
perpetrators of the sexual abuse were
in Sri Lanka
foreign military forces. This was one of the
core recommendations of the
independent review: that acts of SEA must
be addressed as part of the overall human
rights and accountability framework, in Facts OIOS report from 19 November 2007,160
addition to within the internal framework
MINUSTAH requested that the OIOS
of UN disciplinary procedures. Victims An introduction to MINUSTAH is set out in initiate an investigation in August
of conflict related sexual violence at the Case Study 1 (Uruguayan peacekeepers in 2007, following a complaint by non-
hands of international peacekeepers Haiti). The following case involved sexual UN personnel that they had witnessed
whether UN or not should not have less abuse of at least nine Haitian children by suspicious interactions between Sri
access to justice than victims of conflict more than 134 Sri Lankan peacekeepers Lankan soldiers and Haitian children.
related sexual violence at the hands of from 2004 until 2007. At the time 950 Sri
national authorities, simply because of the Lankans served with MINUSTAH.159 UN investigation
affiliation of the alleged perpetrator.158
News of the allegations against the In addition to OIOS investigators, a Sri
While the publication of the independent Sri Lankan peacekeepers broke in Lankan team was sent from Colombo to
review shows that the UN has taken November 2007, when Michèle Montas, assist with the examination, including a
some steps to correct past mistakes, the the UNSG Spokesperson, announced female officer. MINUSTAH and Sri Lankan
effectiveness of the new policies is not that MINUSTAH had received allegations authorities reportedly investigated the
yet known and needs monitoring by civil of SEA committed by the Sri Lankan allegations of abuse and any possible
society and other relevant stakeholders. contingent. According to a leaked command accountability.161
Three months after initiating the Lankan forces are alleged to have been list of the allegations made by Haitian The RTI Commission ordered the SLA to
investigation, the OIOS issued a implicated in sexual abuse of children in citizens (including the nature of the crimes prepare a summary of the findings of the
preliminary report which found that at Haiti, Sri Lankan investigations appear to committed, names of the victims, and any Court of Inquiry for submission to the RTI
least 134 Sri Lankan military members have focused solely on 134 members of other relevant information) and details Commission and adjourned the Appeal.178
(past and current members at the time of one contingent.170 Although Sri Lanka, in regarding the disciplinary action taken
the report) sexually exploited and abused its 2015 submission to the CAT, claimed against eleven soldiers and three officers, On 15 May 2018, the Appeal procedure
at least nine Haitian children.162 The acts that 23 individuals have been convicted, such as: whether they were brought before resumed. The SLA submitted advice it
mostly occurred at night and at a variety it remains unclear whether there have a Court Martial, and if so, the outcome of received from the Attorney General’s
of locations where the Sri Lankan military ever been sanctions following these this process and the names of the officers (AG) Department, which stated that an
were deployed. Victims interviewed for convictions.171 It appears that none of the presiding the Court Martial; the list of the exemption under Section 5(1) of the
the report include girls and boys as young perpetrators was imprisoned following allegations/crimes; disciplinary measures RTI Act would apply to the request. The
as twelve years old. Some victims were their conviction.172 taken against the persons accused; and RTI Commission highlighted that the
sexually abused by more than 30 soldiers case numbers of criminal actions before Sri exemption the AG had invoked was
over the three-year period in exchange for An Associated Press (AP) investigation Lankan courts if there were any.175 applicable only when the requested
food and money.163 stated that the Sri Lankan government information was given or obtained in
declined to respond to their questions, In subsequent proceedings before the Sri confidence and where it could be seriously
Immediately after the conclusion of the but eventually told them in early 2017 that Lankan RTI Commission, which commenced prejudicial to Sri Lanka’s relations with
OIOS’s preliminary investigation, 114 of they had conducted inquiries into just 18 on 23 December 2017, the Sri Lankan Army any State, or in relation to international
the 134 accused Sri Lankan soldiers were of the 134 soldiers implicated. Sri Lanka’s challenged the RTI request on the basis that agreements or obligations under
repatriated on disciplinary grounds.164 submission to the Committee Against “it related to internal disciplinary measures”; international law. The RTI Commission
Torture (CAT) states that in June 2015 that “the incidents took place in 2007 and therefore asked the SLA to clarify “what
In 2015, in the additional information to the UN Secretariat noted the outcome of republishing the details about this issue international agreement or obligation under
its fifth periodic report to the CAT,165 the its military court process and confirmed would tarnish the name of the SLA [Sri Lankan international law is at issue; the precise terms
Sri Lankan Government released some the matter closed. Sri Lanka’s High Army]”; that “only 3 peacekeepers had been of the serious prejudice than can be caused;
details of how the peacekeepers were Commissioner to Canada later said that the involved … the number of those who were what information was given or obtained in
dealt with.166 The Government said that it UN Secretariat wrote to the government to recalled did not necessarily correspond to confidence”. The appeal was adjourned until
had established a military court of inquiry say that it considered the matter closed as those who had allegations against them”; and 3 July 2018.179
to investigate allegations against some of 29 September 2014.173 It is not clear why that “the actions taken by the SLA with regard
members of the sixth contingent deployed different dates were given. No statement to these allegations were already in the public On 3 July 2018, the SLA submitted that
to Haiti.167 The High Commissioner to has been issued by the UN to contradict the domain”. Furthermore, the SLA Information “all the allegations were duly investigated
Canada, Ahmed A. Jawad, in a 2017 article Sri Lankan assertion that the issue is closed. Officer submitted that “revealing details and awarded punishments through military
stated that there were two courts of about the Court of Inquiry proceedings would procedure”, and that the UN investigation
inquiry conducted, by the Sri Lankan army Legal Proceedings involve privacy concerns”.176 report was submitted to the SLA under “the
and the navy respectively, to investigate security clarification of strictly confidential”,
crimes committed in 2006 and 2007.168 The A Sri Lankan journalist seeking to find out The RTI Commission responded that “an therefore the SLA could not disclose it
OIOS inquiry report, however, made it clear more information about the outcome of information request can only be declined by to third parties, because to do so would
that violations had been going on since the investigation against the soldiers, and citing one of the exemptions in Section 5(1) “tarnish the image of the Army and affect the
2004 from the arrival of the first contingent whether they were held accountable for (a) of the RTI Act”. It stated that “claiming relations of Sri Lanka with friendly States”.180
of Sri Lankans in Haiti.169 their crimes, filed a Right to Information the SLA could not provide details of the
(RTI) request with the Sri Lankan Right to result of an inquiry that has been concluded The RTI Commission stated that it would
It remains unclear exactly what the legal Information Commission on 28 September would amount to claiming a privilege, examine the report and make a decision on
consequences have been in Sri Lanka 2017,174 following repeated refusals by the which is not provided for in the RTI Act”. The whether it should be disclosed. It adjourned
following these allegations. There are Army to provide him with information. RTI Commission further stated that “in the hearing until 07 August 2018.
significant discrepancies in this regard assessing the public interest in such matters
between the numbers given in various He asked to be given access to the … if there has been a process of inquiry, it It appears that the RTI Commission has
reports. Whilst the OIOS report finds that names of the peacekeepers involved, is in the Public Authority (SLA)’s benefit to not taken a decision since July 2018. It
a minimum of 134 military members the findings of the Court of Inquiry (e.g., establish what concrete action it has taken has therefore not been possible to obtain
from different contingents of the Sri reports or investigative notations), a regarding allegations made thereto”.177 any information about the outcome
of the disciplinary measures taken their own troops. Various factors may Although freedom of information
against the more than 100 peacekeepers be at the root of this unwillingness to legislation can sometimes be used to try
accused. It understood that some actions take action. In the Sri Lankan case, it is to access this information, the Case Study
were taken against a handful of soldiers understood that internal political factors demonstrates the difficulties in doing so.
but nothing more.181 and the position of the Army in Sri The bases on which the Sri Lankan Army
Lanka are likely to have played a role. An has so far sought to refuse the RTI request
Impact interviewee reported that mainstream in this case have been wholly inadequate
political parties in Sri Lanka are unwilling and have not met the criteria set down
The lack of a decision from the RTI to criticise the Army, for fear of being in the Sri Lankan legislation. This was
Commission precluded any possibility of criticised by opposition parties, leading to confirmed in the initially robust responses
the case having a legal impact. It has not set a lack of political will for disciplining and from the RTI Commission. Despite this,
any new judicial precedent or changed any punishing accused peacekeepers.185 A Sri the Sri Lankan Army was able to avoid
laws regarding access to information about Lankan lawyer, K.S. Ratnavale, told the AP providing the information sought. This lack
peacekeeper child sexual abuse in Sri Lanka. that prosecuting members of Sri Lanka’s of transparency and access to information
popular military was often impossible due impedes the public (journalists, NGOs,
From a victims’ perspective, the various to victim intimidation, a lack of witnesses civil society, etc.) from demanding
challenges in the case also meant that and poor evidence collection.186 accountability. It also hinders the ability of
little impact was achieved. The victims victims and their lawyers to bring further
did not obtain justice, the truth was only The lack of accountability for sexual abuse legal claims seeking justice.
partially revealed (and that was only from by Sri Lankan peacekeepers echoes the
the leaked OIOS investigation report), and wider failure to redress sexual violence The lack of transparency by the UN in its
as far as can be determined no reparations and other serious human rights violations response to the abuses committed in Haiti
were awarded.182 committed by Sri Lankan security services further compounded the difficulties faced
in Sri Lanka over recent decades.187 Human by victims in seeking justice, both in Sri
It might be hoped that the public nature rights groups have repeatedly objected Lanka and from the UN. The UN has yet to
of the allegations and scandal that ensued to Sri Lankan troops’ participation as publicly release its preliminary report and
would have led to a change in the Sri Lankan peacekeepers while these domestic does not appear to have advocated for or
Army’s policies and attitudes in dealing with violations remain unaddressed.188 directly provided any form of reparations
child sexual abuse. However, it would appear to victims. By continuing to treat cases
that given the lack of disciplinary action Another challenge to litigating child of SEA as merely internal matters or
taken against the soldiers, little has changed. sexual abuse by peacekeepers is disciplinary offenses, rather than criminal
Further allegations of child sexual abuse by highlighted in this case: the lack of or civil law violations, the UN contributes
Sri Lankan peacekeepers in Haiti surfaced public access to information regarding to the perpetuation of a culture of
in 2013.183 military accountability processes. impunity for the abuses discussed in this
In many cases it is difficult to access Case Study.
However, an interviewee did acknowledge information on disciplinary measures
that, whereas before this case came to and other internal military information.
light, the public was not aware of SEA Even if the national authorities are
committed by Sri Lankan soldiers outside willing to take action against the accused
Sri Lanka, now public awareness in Sri peacekeepers, and soldiers face a court
Lanka of the issue of SEA by peacekeepers martial, these procedures often lack
seems to have grown, and it is generally transparency and victims are not able
considered to be unacceptable.184 to access any information regarding the
outcome. This does not allow victims
Challenges and lessons learned to participate in the justice process and
makes it even harder for the victims to
This case highlights the common problem obtain reparations.
of TCCs not being willing to act against
The UN made the decision to repatriate the An NGO working closely with the UN in
DRC contingents involved.194 the DRC reported a perceived reluctance
on the part of the UN when trying to
Legal proceedings advance the proceedings and help the
gathering of evidence. Communication
On 4 April 2016, a trial began before between the United Nations Organisation
a military tribunal in Ndolo, a military Stabilisation Mission in the DRC
prison north of Kinshasa.195 Three of the 21 (MONUSCO) and MINUSCA in the CAR was
alleged perpetrators appeared before the perceived to be difficult.202
court: Sergeant Jackson Kikola, charged
with raping a young girl of 17 and for not Impact
following orders; Sergeant Major Kibeka
Mulamba Djuma (on similar charges) and The DRC justice system’s inability to
Sergeant Major Nsasi Ndazu, charged overcome the evidential challenges in
for attempted rape and disobeying this case limited the possibility of any
orders.196 The other 18 were due to be tried positive impact. No legal change has been
following the first three. evident, given the suspension of the trial
with no indication that it will continue in
National civil society groups, such as ACAJ the near future. The victims were not able
– l’Association congolaise pour l’accès à la to obtain justice, investigation of the facts
justice –monitored the trial by sending an and determination of the truth was not
UN Photo/Herve Serefio observer to the hearings.197 possible, and no reparations appear to
have been awarded.
Case Study 4: Criminal Proceedings However, on 5 May 2016, the trial
before the Ndolo military tribunal was No changes in national policies or the
in DRC for Events in CAR suspended.198 The defence team had asked relevant authorities’ attitudes were
that the alleged victims appear in person identified. The absence of a conviction
before the tribunal, and that they provide means that the case is unlikely to have
medical records proving that they were applied pressure on the Congolese military
indeed raped. The tribunal accepted the to change their policies or behaviour.
defence’s requests and declared that the
Facts The UN Conduct and Discipline Unit hearings would resume once the public It is difficult to determine whether this
(CDU) has logged 129 allegations of SEA prosecutor fulfilled this request. particular case has had any impact on the
MINUSCA (United Nations by MINUSCA peacekeepers since 2015. attitudes of the Congolese population as
Multidimensional Integrated Stabilization Of these, eight are alleged to have been Since then, the hearings have not resumed, a whole. SEA by soldiers, police, armed
Mission in the CAR) is a UN peacekeeping committed by civilian staff, eight by and the accused remain in prison to this groups and others is already a widespread
mission set up on 10 April 2014 by UNSC police and 113 by military. 58 of these day.199 The hearings have not resumed issue in the national context. A lack of
Resolution 2149 (2014).189 It was set allegations involve child victims.192 because of the difficulties in providing accountability for sexual violence and other
up to protect civilians and support the what the defence team requested. It has crimes within the national context in DRC
transition process (such as facilitating Following the public scandal involving not yet been possible to get the victims is equally common.203 However, it appears
humanitarian assistance, protecting the French-led Sangaris peacekeeping from CAR to DRC. The local government that the case may have had some impact in
human rights, support for justice and operation, MINUSCA itself has faced does not have the funds to fly and creating awareness and initiating dialogue
the rule of law) in CAR amidst ongoing multiple public scandals involving SEA by accommodate all the victims in DRC. Other as a result of work by national civil society
tensions between the rebel Muslim Seleka peacekeepers. One of the most well-known solutions, such as using videoconference groups, such as ACAJ, to monitor and
group and the Christian Anti Balaka cases involves military peacekeepers from systems or sending a “commission publicise the events at the trial.204
group.190 It is one of the UN’s biggest DRC. During 2015 and early 2016, many rogatoire”200 to CAR were not accepted, It remains to be seen whether the
peacekeeping missions. It has a total allegations of rape and sexual abuse by because they were not valid under national prosecuting authorities will find
personnel of 15,054.191 DRC peacekeepers in CAR came to light.193 Congolese law and criminal procedures.201 a way to continue the trial and ensure
accountability for the crimes committed. came to a standstill because the Congolese
It also remains to be seen whether DRC’s authorities did not have the resources
steps in commencing proceedings and needed to bring the victims and witnesses
detaining the suspects in custody in this from CAR to the DRC. When a TCC itself
case will be repeated for other allegations. has internal political, security and human
rights challenges, it may lack the necessary
Challenges and lessons learned ability, resources or political will to seek
accountability and provide justice for
This case highlights a significant SEA by peacekeepers. In the DRC’s case,
challenge faced when trying to litigate the country is facing internal issues that
SEA committed by peacekeepers. include armed conflict, extreme poverty,
Because of the exclusive jurisdiction of widespread corruption and political
the TCC to prosecute its military troops, instability, issues that are so serious that
the trial of peacekeepers often happens it is host to its own UN peacekeeping
far away from the country in which the mission, the MONUSCO.205
alleged crimes actually took place. This
can lead to various issues and challenges The case highlights a further issue.
for both the prosecuting authority and National human rights violations by the
for victim participation. Congolese armed forces, the FARDC (Forces
armées de la République démocratique du
For the prosecuting authority, as seen Congo) have been well documented by the
in this case, there can be issues linked UN itself, through the UNJHRO’s monthly
UN Photo/Albert González Farran
to procedural rules regarding testimony reports on human rights violations in the
DRC.206 The question therefore arises as
and evidence. The investigation itself can
be difficult to carry out given that most to whether it is appropriate for the UN to
employ peacekeepers from armed forces
Case Study 5: Paternity Claims in Haiti
of the people and material evidence
involved are not in the same country as that are known to have committed human
the investigating authorities. This can rights violations and have demonstrated
pose challenges for the preservation an inability to act in accordance with
of material evidence and where legal international human rights standards.
systems require in-person testimony from
victims and witnesses. Facts Shortly before publication of this
report new findings emerged reporting
From a victims’ point of view, even if the An introduction to MINUSTAH is set out in hundreds of peacekeeper babies in
TCC’s legal system allows them to take Case Study 1 (Uruguayan peacekeepers Haiti, including born to children as
part in the trial, when the trials are taking in Haiti). One legacy of MINUSTAH’s young as eleven.209
place in a different country, sometimes time in Haiti has been ‘peacekeeper
thousands of miles away, and the victims babies’: children raised by single mothers Ten of these women – with twelve
are from conflict affected countries with who have been abandoned by their children in total - are supported by
limited resources, it is nearly impossible peacekeeper fathers. These children lawyers at the Institute for Justice and
for them to participate in the process, often occupy precarious socio-economic Democracy in Haiti (IJDH) and Bureau des
unless they receive assistance from the positions, lacking the resources for Avocats Internationaux (BAI).210 Some of
TCC, the UN, their own State or adequate healthcare and/or education.207 the claimants have children born from
civil society. Many of these single mothers have been consensual relations within personal
engaged in “long and largely fruitless” relationships, while others were in
This case highlights the challenge posed legal battles to force peacekeepers who transactional relationships involving the
by a lack of resources in the TCC’s justice fathered their children to acknowledge exchange of money. One was a child, aged
system. In this particular case, the trial paternity and contribute child support.208 17, at the time of her relationship with the
alleged father, constituting statutory rape repatriated from their posts. BAI also agencies. There is a perception amongst criminal proceedings. The women affected,
under Haitian law.211 requested the results of any internal UN the Haitian population that “MINUSTAH as a result, have extremely limited avenues
investigations, including the results of is not there to help us”, but only to “steal of redress open to them. As in many of the
Many of the peacekeepers in the paternity outstanding DNA tests, and confirmation our food, steal our goats and rape other case studies, the BAI and IJDH cases
cases in question are from Uruguay, while from UN special representatives in Haiti our children”.221 were funded by the organisations working
others are from Argentina, Nigeria and that defendants in paternity cases are not on them themselves.224
Sri Lanka. While these defendants may protected by immunity.217 The response by The absence to date of decisions by the Other challenges for these and other
enjoy a degree of immunity in respect the UN has been incomplete. After several Haitian courts precludes the possibility of a civil claims exist relating to enforcement,
of criminal proceedings in Haiti, they do years of advocacy by IJDH and BAI some legal impact and of a material change from service of proceedings, questions of
not enjoy any such immunity in respect – but not all - claimants were provided the perspective of SEA victims, who cannot immunity, availability of evidence, and
of civil suits.212 Despite this, the cases to with the results of DNA tests, in 2018. be said to have obtained justice. the clarity (or lack thereof ) of UN policy.
date highlight the difficulties in holding Additionally, some claimants received With regard to immunity, difficulties were
the UN and individual peacekeepers assistance from the UN, such as financial For claimants who did not receive DNA caused by the UN’s failure to respond
to account. While paternity has been support in the payment of school fees. testing, the absence of access to evidence directly to the Haitian courts or to accept
confirmed in most cases, the process - However, IJDH highlights the remaining held by the UN means that the truth as to service of judicial notices on its premises.
“rarely delivers any financial support for lack of adequate assistance and legal the paternity of their ‘peacekeeper babies’ Claimants were instead forced to send
mothers”.213 Notwithstanding the UN’s cooperation from the UN.218 is yet to be established. requests for information via the Haitian
‘zero-tolerance policy’ against SEA and Ministry of Foreign Affairs. However, there
the fact that sexual relationships between In the absence of an adequate response Challenges and lessons learned is no legal way for the claimant to compel
peacekeepers and residents of host and/or information from the UN by the UN to comply with those requests – it
countries are “strongly discouraged”, the December 2017, BAI and IJDH filed suits Challenges facing those who attempt to requires the host country to do so, which
UN’s peacekeeping arm does not take in Haitian courts on behalf of ten women litigate such paternity cases on behalf of they appear often unwilling to do.
responsibility for financial assistance to and twelve children on the basis that SEA victims are many and varied.
children fathered by peacekeepers.214 It “having and then abandoning children The inability of the claimants to compel
has expressed its willingness only to liaise is not within the official capacity of a UN Many of the difficulties in Haiti relate to the UN to comply with the orders of the
with the governments of alleged fathers, peacekeeper and therefore […] this does access to justice. There is, amongst the Haitian courts, and the refusal of the UN
requesting that paternity and support give a Haitian court jurisdiction to resolve Haitian population, a widespread lack of to communicate directly with BAI or IJDH,
claims be addressed, but asserts that it paternity and child support claims”.219 The confidence in the ability of the Haitian caused knock-on challenges in obtaining
cannot “legally establish paternity or child outcomes of some of these initial cases judiciary and legal system as a whole to evidence such as DNA test results.225
support entitlements”.215 remain pending.220 In one case, the Haitian deliver justice: “the idea of redress or any
court did order the UN to comply with remedy is very foreign”.222 It may be, as A further crucial challenge relates to
The result is that redress and/or reparation IJDH requests for information pending final a result, that current statistics relating to enforcement.226 It remains to be seen
for SEA victims and their children judgment but the UN has failed to do so, ‘peacekeeper babies’ and victims of SEA whether – as hoped - the UN will
is in practice “a matter of personal in contravention of MINUSTAH’s obligation are significantly underreported. There are communicate judgments and/or facilitate
accountability to be determined under to comply with Haitian domestic law under specific reports of women raped by Pakistani enforcement by domestic courts in the
national legal processes.”216 the Status of Forces Agreement 2004. peacekeepers giving birth and being afraid defendants’ home countries.227 The issue
to file complaints with Haitian courts.223 of enforcement is complicated further
Legal Proceedings Impact by the fact that even if an SEA victim is
Such cases are also complex and any awarded a favourable paternity/child
In 2016, BAI notified the UN of their organisations bringing them require support ruling, it is rare that they will have
The impact of the SEA scandal in
intention to file paternity suits on behalf significant resources and advocacy access to a lawyer in the TCC to ensure the
Haiti, along with other repeated SEA
of nine claimants. This notification was capacity to generate sufficient public enforcement.228 The TCC’s courts will also
scandals by peacekeepers, as well as
turned away by the UN on the grounds attention to influence UN decision- have to recognise the enforceability of the
the real and perceived failure of the UN
of immunity. The UN was not made a making. This is particularly the case given judgment, which is not always guaranteed.
to support the victims of SEA by UN
defendant in these proceedings. Instead it peacekeepers and other failures of UN the transnational nature of the cases. As
was asked to fulfil its obligation to provide accountability, such as the introduction with many of the countries studied in this
confirmation of the defendants’ names, of cholera to Haiti, have all contributed report, there is no legal aid in Haiti and
ranks and locations as all had since been to a significant lack of confidence in UN lawyers tend to work pro-bono only in
Legal proceedings tried in a Haitian court. Haiti’s Justice
Minister and Foreign Minister also formally
Shortly after the assault, Mr. Arsène requested the same.246 According to Mr.
Dieujuste, the General Director of Cabinet Dieujuste the Haitian Ministry for Foreign
Dieujuste et Associés, began representing Affairs also sent a letter to the UN on 21
Jean.235 Mr. Dieujuste assisted Jean in June 2012, requesting that the UN take
bringing his civil claim against three measures to punish the perpetrators, but
Pakistani peacekeepers before the this failed.247
Haitian courts.236 Jean’s counsel notified
MINUSTAH by letter on 14 March 2012 that The OIOS report states that after apparent
it would be pursuing this claim against the discussions between the Pakistani
FPU for USD 5 million in damages.237 government, the Haitian government,
and the DPKO-PD, the Pakistani
From 26-30 January 2012, Jean’s civil case government decided to initiate court
was heard in front of a magistrate in the martial proceedings against the Pakistani
Haitian court.238 After several months, the peacekeepers instead.248 The United
examining magistrate issued an order Nations Headquarters agreed to the
establishing that Jean had been raped by Pakistani government’s decision.249
the Pakistani peacekeepers.239 However,
the order could not be executed because Eventually, the Pakistani peacekeepers were
of the immunity of the members of the repatriated to Pakistan to face trial in court-
UN Photo/Logan Abassi
FPU.240 They had a legal status of “experts martial proceedings.250 Prior to the trial, the
on mission” and were part of the mission’s Pakistani government had informed the UN
Case Study 6: Criminal Prosecution in Pakistan civil component.241 This legal status
granted them inviolability from personal
that, according to its law on court martial, it
could not allow any observers to the court-
and Civil Proceedings in Haiti for Events in Haiti arrest or detention and legal process of martial proceedings and could not accept
every kind.242 any decision by the Haitian courts.251 Due to
this restriction, there is little information on
According to a report issued by the what legal arguments were made and how
OIOS, the Haitian court requested that the court came to its ultimate decision. The
immunity of the Pakistani peacekeepers court proceedings were quickly convened,
Facts In response to the assault, the be lifted and asked for MINUSTAH’s help and two Pakistani peacekeepers were found
Inspection and Evaluation Division to ensure that the relevant provisions guilty.252 However, none of the commanding
On January 20, 2012, members of the of the Office of Internal Oversight of the Status of Forces Agreement (the officers were sanctioned.253 The Pakistani
Pakistani Formed Police Unit (FPU) in the Services at the United Nations (“OIOS- “SOFA”) be followed.243 The Haitian court government informed the United Nations
United Nations Stabilization Mission in ID”) formed a joint investigation with was apparently prepared to guarantee that that the case was now closed.254
Haiti (MINUSTAH) abducted and raped the Police Division of the Department the detention facilities for the Pakistani
a 14-year-old boy from Haiti who was of Peacekeeping Operations (DPKO- peacekeepers would be of the required Mr. Dieujuste was told that the Pakistani
mentally disabled (hereinafter referred PD).232 This team was comprised of a standard and would allow them to serve peacekeepers served time in jail, but he is
to as “Jean”).229 Jean was abducted and legal adviser and two police officers. The their sentences in Pakistan.244 MINUSTAH not certain whether that is true.255 It has
brought to the Pakistani peacekeepers Haitian National Police also initiated a was prepared to accommodate and been reported that the three Pakistani
by two Haitian men. Local youth in criminal investigation and supported transport the Pakistani peacekeepers to peacekeepers were dishonourably
Haiti recall seeing the UN police in their the United Nations’ investigation.233 and from trial.245 discharged, and one was sentenced to a
vehicle sexually abusing Jean.230 On The investigation was completed, and a year in prison in Pakistan.256 Mr. Dieujuste
January 23, 2012, a medical examiner report issued in 34 days from receipt of According to press reporting in February attempted to contact officials in Pakistan
examined Jean and determined that he information received by OIOS-ID.234 2012 the Haitian Senate adopted a by sending a letter to the Ministry for
had indeed been raped.231 resolution calling for immunity to be lifted, Foreign Affairs, but it does not appear
and to have the Pakistani peacekeepers that a response was ever received.257 He
also requested a copy of the judgment that it could give the impression of a to prosecute child sexual abuse by
sentencing the Pakistani peacekeepers scheme to get the FPU members out of peacekeepers. Military court martial
to prison, but the Pakistani government the Host State; that it had increased the processes as a rule do not provide
refused to provide it. perception of impunity associated with sufficient transparency and independence
United Nations personnel in Haiti; that in this respect. In this particular case, the
The two Haitian men who abducted Jean the PCC’s measures circumvented the result of the process was not public but
were found guilty by the Haitian courts possibility of prosecution by the Host State; appear to have been clearly unacceptable
of abduction but have evaded arrest.258 that the court martial, followed by routine considering the gravity of the crime.
A “wanted” notice was issued and the repatriation, was unlikely to serve the
police have been actively working on purpose that appropriate action be taken That Jean was unable to obtain reparations
locating them.259 and seen to be so; and that it could create or accountability even with a significant
a precedent that might complicate the commitment of time and resources by
Impact handling of similar cases in the future.”264 his legal team raises the question of how
the majority of victims can be expected
Jean was psychologically traumatised by According to Mr. Dieujuste this case to seek justice without adequate legal
the assault.260 He was placed in a “safe undermined Haitian people’s confidence in representation and considering the great
house” and has not been able to go back to the judicial system. Locals were apparently obstacles they face.
his home town because he is still suffering angered by the injustice, noting that
psychologically from what happened.261 raping a boy with learning disabilities in
Haiti would have led to imprisonment
In terms of material impact, the OIOS for life.265 It is also said that when UN
Evaluation Report states that the Pakistani vehicles pass, locals shout “here come
government made verbal assurances to the criminals, the rapists!”266 The view of
the UN that Jean would be compensated. UN officials is that they are criminals who
But the report notes that it remains unclear act in discriminatory ways and remain
whether that commitment was ever unpunished for violating the law.267
honoured.262 According to Mr. Dieujuste
Jean never received reparations for the Challenges and lessons learned
assault, and Mr. Dieujuste continues to
fight for Jean to gain compensation.263 The case demonstrates the challenges
that are posed by immunities in cases
The factual finding by the Haitian Court involving civilian peacekeepers. The
did establish the truth of Jean being inviolability of the Pakistani peacekeepers
raped by the Pakistani peacekeepers. in this case, and the failure of Haiti’s efforts
This is one step further than many of to have that immunity waived (including
the other cases examined were able to through attempting to meet the necessary
achieve. Nevertheless, the inviolability requirements to ensure the peacekeepers
of the Pakistani peacekeepers as experts a fair trial) precluded the possibility of
on mission, and the eventual decision to justice through the Haitian courts.
allow them to be repatriated to Pakistan,
prevented further action to secure justice The court martial process in Pakistan was
by the Haitian Courts. not in this case an adequate alternative
mechanism for accountability. The
The OIOS Evaluation Report acknowledged inability of victims to obtain information
the issues in the case: “Within the United about the outcome of prosecutions, let
Nations, there were persistent reservations alone to participate in the proceedings,
at various levels about the court martial is a problem that appears repeatedly
and the repatriations. It was considered when court martial processes are used
4. Obstacles to
Accountability and Redress
victims’ lawyers from being able to instigate
legal proceedings in the host country.
In Case Study 6 (Pakistani peacekeepers

in Haiti) a Haitian court went as far as
making a factual determination that the
function.270 It has been reported that
the UN conducts investigations into the
alleged crimes and the available evidence,
and it does so irrespective of whether it is
uncertain if functional immunity applies or
not.271 The UN does have authority to waive
victim had been raped by the Pakistani an individual’s immunity but is unlikely to
peacekeepers, but was unable to take do so in circumstances where it has doubts
further action because the peacekeepers about the ability of local justice systems to
were classed as experts on mission and guarantee a fair trial or to ensure alleged
had full inviolability. Efforts by the Haitian perpetrators human rights and the rule of
Introduction were allegedly conducted at times without
government to have the immunity waived law will be respected. Such concerns are
the presence of specialists in crimes involving
were unsuccessful. often present as peacekeeping operations
The following chapter summarises the key minors, mental health professionals, or
typically take place in fragile and conflict-
obstacles identified by the case studies assurances that the children would be placed
A number of interviewees also reported affected contexts. Yet, the UN has not
to seeking accountability and redress for in environments of personal security.
that incorrect public perceptions about indicated whether it has a listing of which
peacekeeper child sexual abuse.
the immunity of peacekeepers prevented countries it deems to have sub-standard
The case studies appear to confirm the
people from reporting crimes in the local justice systems – pointing to the likely
It is expected that these obstacles exist widely held views that TCCs frequently
first place and dissuaded courts and ad hoc nature of such determinations.
for the entire spectrum of instances of ignore their obligations to conduct
government officials from pursuing claims
peacekeeper child sexual abuse, not just prompt investigations into allegations
in cases where litigation has been used. of misconduct by military personnel
against individuals associated with the Exclusive jurisdiction of TCCs
UN. The UN Office of Legal Affairs (OLA)
However, the increased scrutiny brought by on peacekeeping missions.268 A lack of
has also noticed the misperception: Asked: The exclusive jurisdiction of the TCCs to
litigation in the case studies helps to shed investigating officers with deployed units
“REDRESS’s research has revealed that one prosecute their troops meant that the
light on the current existing challenges. and court-martial capabilities on site
barrier to national court litigation is an trials of peacekeepers often happened
limits the ability of troop-contributing
incorrect perception by victims and their
Quality of investigations countries to investigate swiftly, and it is
lawyers that the UN peacekeepers and
far away from the country in which the
unclear how effective the UN’s efforts to crimes took place. This caused significant
other staff members responsible for SEA practical difficulties where victims sought
A number of the case studies demonstrated follow up with those authorities are.
are immune from prosecution. Is this a to participate in criminal prosecutions or
deficiencies in the investigations undertaken misperception that the OLA often comes
Poor evidence gathering harms not only to bring litigation themselves against the
both by TCCs and the UN into the instances of across?”, the OLA responded: “This is a
the prospects of obtaining evidence individual peacekeeper or the TCC.
sexual abuse. misperception that we have seen primarily
for a conviction, but also poses a direct
in the press.”269 The exclusive jurisdiction of TCCs also
In Case Study 1 (Uruguayan peacekeepers risk to the victims themselves. It was
reported that the victim in Case Study 1 caused problems where the TCCs’ legal
in Haiti), an inability by the Uruguayan In cases of litigation arising out of SEA
(Uruguayan peacekeepers in Haiti) was systems did not have financial or technical
prosecutor to collect sufficient evidence by civilian peacekeepers, the UN is
left retraumatised as a result of having to capacity to prosecute crimes effectively.
resulted in the perpetrators not being responsible for determining whether
provide evidence multiple times in Haiti In Case Study 4 (DRC peacekeepers in
convicted for sexual assault, but instead functional immunity applies. Its role is
and Uruguay. It is understood that the CAR) the case stalled because DRC courts
for a lesser offence of private violence. The to conduct an internal investigation to
investigators did not have expertise in required the victims to give evidence
prosecution was also delayed because the preserve evidence, determine whether
investigating sexual violence, and that in person, but the prosecutor could not
Uruguayan prosecutor was reported to have further investigation is required, and to
the victim was not provided with the afford to transport the victims from CAR
been unable to locate the victim, despite establish the context of the alleged crime
necessary psychosocial support. to DRC to give evidence. In Case Study
journalists having been able to locate him. in order to then make a determination on 1 (Uruguayan peacekeepers in Haiti)
immunity. As was explained in Chapter
Similarly, in Case Study 2 (French Sangaris Immunities 2, functional immunity legally should
the victim only received partial financial
support from the TCC for travelling to
peacekeepers in CAR) initial UN investigations never apply where civilian peacekeepers
The actual or perceived immunity of Uruguay to give evidence, and had to rely
were reported not to have followed correct have sexually abused children since these
the peacekeepers frequently prevented instead on pro bono support. The court-
procedures, and the French investigations actions clearly are not part of any official appointed translator could not speak the
victim’s language fluently, and the victim’s individuals based in the TCC, victims in the UN’s own assessment acknowledged evidence of the best interests of the child
lawyer had concerns about the quality the host country will most likely face even that it had been too slow to respond to victims being taken into account by the
of the Uruguayan lawyer appointed to bigger obstacles. allegations of sexual abuse by French relevant authorities.
represent the victim. peacekeepers, potentially contributing
Case Study 6 (Pakistani peacekeepers in to eventual difficulties in proving the Lack of legal support
It is difficult to determine to what extent Haiti) demonstrated similar difficulties case in the French courts. Interviewees
these failings are solely a product of caused by lack of transparency in court for Case Study 2 suggested that the UN’s The research identified several lawyers
deficiencies in the TCCs’ criminal justice martial processes. Despite efforts by the expertise in dealing with conflict related and NGOs around the world that
processes, or to what extent they may victims’ lawyer he was not able to find out sexual violence had not filtered into were providing crucial support to
reflect a lack of political will in the TCCs what sanction had been imposed on the situations where the alleged perpetrators victims. However, the total number
to prosecute peacekeeping troops. In perpetrators, for example whether they of the sexual abuse were peacekeeping of such individuals and organisations
Case Study 3 (Sri Lankan peacekeepers in were given a custodial sentence. forces, and the Independent Review identified was small, particularly when
Haiti), one interviewee stated that a lack recommended that acts of SEA be compared to the scale of the problem of
of political will likely lay behind the TCC’s A lack of transparency at the UN level addressed as part of the overall human peacekeeper child sexual abuse. In most
failure properly to sanction the troops caused problems in Case Study 5 (paternity rights and accountability framework. of the countries studied government-
involved. Another interviewee confirmed claims in Haiti). The UN’s refusal to The case prompted a number of internal funded legal aid was not available to the
that mainstream political parties in Sri communicate directly with the victims’ reforms in the UN, the effectiveness of victims of peacekeeper child sexual, and
Lanka were unwilling to criticise the Army, lawyers or share evidence in its possession which need to be assessed over the the small proportion of victims that did
for fear of being criticised by opposition posed significant challenges to the victims’ longer term. obtain legal representation therefore
parties, leading to a lack of political will litigation efforts. relied on lawyers funded by NGOs.
for disciplining and punishing accused Case Study 3 (Sri Lankan peacekeepers in
peacekeepers. Similarly, it could be The lack of transparency poses challenges Haiti) demonstrated the limited extent to The capacity of the lawyers and NGOs
asked whether greater political will for not only for victims and their lawyers, but which the UN compels TCCs to prosecute working on these cases that were
prosecutions in Case Study 2 (French also for those seeking to assess the scale peacekeeper child sexual abuse properly. interviewed for the report varied
peacekeepers in CAR) might have resulted of peacekeeper child sexual abuse and An OIOS report in that case identified 134 significantly. Many were operating in
in better-qualified and more effective the effectiveness of institutional efforts suspects, but the Sri Lankan authorities extremely challenging circumstances.
investigation teams being sent by France to prevent, prosecute and remedy it. convicted only a handful, and none was One clear finding was that there was
to CAR. For example, in all of the case studies it given a custodial sentence. Despite this, little, if any, coordination between
was difficult to determine whether the Sri Lanka stated in a submission to the CAT those working on similar cases in
Lack of transparency armed forces in question had altered that in June 2015 the UN Secretariat had different countries. Greater exchange
their policies and practices as a result of taken note of the outcome and considered of information on experience and
the cases, for example through revisions the case closed. strategy in general would be beneficial.
The obstacles for victims and their lawyers
to written codes of conduct, new or But even more importantly, the lack
were often compounded by the fact that
prosecutions were carried out through
amended training programmes for Children as victims of international coordination between
troops, or alterations in procedures for the lawyers and NGOs caused significant
closed military court martial processes,
investigation and sanctioning of crimes. challenges for addressing the
rather than open civilian courts. The common difficulties in documenting
and proving cases of SEA (under-reporting, inherently inter-jurisdictional nature of
In Case Study 3 (Sri Lankan peacekeepers Role of the UN evidentiary challenges, vulnerability of peacekeeper child sexual abuse cases.
in Haiti), a Sri Lankan journalist had victims, risk of stigma) appeared from
to resort to freedom of information Interviewees at times expressed the case studies to have been increased Lack of other support for victims
proceedings to seek information about frustration with the unwillingness of as a result of the victims being children.
whether peacekeepers implicated in the UN to cooperate with litigation The required additional expertise by the The case studies highlighted various
child sexual abuse were appropriately processes. In Case Study 5 (paternity investigators and prosecutors from the other areas in which support for victims
prosecuted and sanctioned. Despite claims in Haiti) interviewees identified TCC, as well as from the lawyers and NGOs was lacking, including psycho-social
doing so he was not able to obtain various occasions on which the UN had seeking to act on behalf of the victims, was support and support from local courts
basic information about whether the failed to provide information necessary often absent. Case study 2 (French Sangaris and the government of the host country.
perpetrators were held to account. If to support legal claims. In Case Study 2 peacekeepers in CAR) demonstrated some
receiving information is difficult for (French Sangaris peacekeepers in CAR) of these problems. All the cases show little
Few of the victims in the cases studied
appeared to have received psycho-
social support, either from host country
institutions, the UN or local NGOs.
In terms of support from local courts in the
host country, interviewees for Case Study
5. Strategic Litigation
of Peacekeeper Child
5 (paternity claims in Haiti) considered that
victims’ lack of confidence in the Haitian
legal system was likely to have reduced
the number of instances of SEA and
Sexual Abuse
peacekeeper babies being reported.
A further problem identified was the

reliance of victims on the government of As discussed in the previous chapters, Strategic litigation in the
the host country to pursue their case. In efforts to seek accountability for cases peacekeeping context
Case Study 5 (paternity claims in Haiti) of child sexual abuse by peacekeepers
the victims were reliant on the Haitian are complicated by the patchwork of Strategic litigation can be defined
foreign ministry to seek information from legal frameworks expected to cover as the bringing of a legal claim with
the UN that was necessary to take forward peacekeeping troops, broad immunity an objective of change beyond the
the cases. Case Study 1 (Uruguayan protections, and the lack of political individual case, which can generally be
peacekeepers in Haiti) demonstrated will to conduct thorough, impartial and achieved by combining casework with
to some extent what could be achieved effective investigations. Critical policy and other civil society techniques, including
where a host country government actively legal changes are needed to overcome research, advocacy for structural reforms,
engaged on a particular case. However, these challenges. and capacity-building. Litigation is
this appeared to be an exception when often regarded as the final strategy in
compared to the other case studies, likely Strategic litigation is one avenue for social movements, in part because it is
influenced by the high media coverage of seeking to bring about such reforms. Thus sometimes seen as risky, expensive, or
that particular case. far, peacekeeper litigation conducted time-consuming. However, by giving a
has, for a variety of reasons, had only voice to victims, building a public record of
Such challenges will be common given limited success in either substantially evidence, and highlighting policy gaps or
the likely unstable nature of countries securing redress for affected victims or failures of implementation, litigation can
that will be receiving peacekeepers. It meaningfully addressing the underlying play an important complementary role to
is therefore crucial that the system for enablers of impunity for child sexual community organizing, media campaigns,
dealing with cases of peacekeeper child abuse and other crimes. and the other tools of social movements.
sexual abuse accounts for these challenges
and develops ways to overcome then. At The use of strategic litigation in the Organisations and lawyers pursuing
present this does not seem to be the case. peacekeeping context, involving both strategic litigation must selectively take
efforts to obtain reparations and ongoing cases that can advance a particular legal,
advocacy for structural reform, may social or human rights change, whether
successfully prompt shifts in policies and preventing a particular behaviour or
attitudes that can result in substantive requiring authorities to initiate legal/
accountability and prevent future abuse. policy reforms or a general change of
This chapter provides a basic explanation of attitude. While traditional strategic litigation
strategic litigation — what it is, when it may has focused on achieving specific legal
be used — before discussing criteria for changes (either through new case law or
understanding and measuring the impact by subsequent changes to legislation),
of strategic litigation strategies in the more recent strategic litigation seeks to
context of peacekeeper child sexual abuse. create actual change on the ground, which
the TCC), or who may have their credibility lawyers seeking to use strategic litigation
questioned in adversarial proceedings. to effect policy changes in a particular
Litigation Advocacy + Media The medical and social needs of victims TCC could direct advocacy efforts
need to be supported through a multi- towards that country’s parliamentarians
disciplinary approach, and those measures or other stakeholders.
should be tailored for the victims of child Finally, given the low numbers of
Cases selected with potential Targeted advocacy sexual abuse. Litigants need to consider individuals and organisations working
impact or precedential value at key stakeholders; the best interests of child victims and on either providing critical support to
in mind publicizing litigation evaluate the benefits of litigation against or seeking legal remedies for victims
re-traumatisation, safety and other of peacekeeper abuses, any lawyers
and associated activities potential risks. or NGOs engaging in this work should
consider conducting capacity building
Litigation can also take many years, activities with local counterparts, such as
limiting the access to evidence and “know your rights” or other legal training
frustrating victims who may urgently workshops—including discussion of the
require psychosocial support or other avenues for strategic litigation discussed in
forms of reparation. Lawyers should this report. By strengthening the specific
consider the particular context in legal knowledge of local attorneys and
which they are conducting strategic other advocates, organisations can ensure
litigation regarding child sexual abuse that litigation can continue in diverse
Strengthening by peacekeepers and develop a risk forums, whether at the local, regional
ability of local lawyers mitigation plan accordingly. or international level; further, given that
to carry litigation and Mobilizing community more than one judgment is often required
advocacy forward members against a In strategic litigation, before initiating to effect change, increasing the capacity
particular issue legal proceedings (and while the of lawyers to bring a series of cases in
litigation is ongoing) lawyers and NGOs particular jurisdictions regarding sexual
should conduct substantial community abuse by peacekeepers is important.
Capacity engagement activities, including rights
Building Organizing awareness activities, which can be valuable
both as a tool of empowerment and
For example, as discussed in Case Study 5
(paternity claims in Haiti), even if claimants
can assist with data collection for any receive favourable rulings, they will likely
possible future litigation.272 In contexts need additional legal support to ensure
in which many survivors may lack the enforcement of the judgments in the
concrete knowledge of their rights, these defendants’ home countries; organisations
can require much more work by NGOs and that are awarded the reparations to which
community engagement activities may working on these claims can conduct
lawyers involved to implement decisions. they are legally entitled.
be particularly important for identifying cross-context capacity building activities
Consequently, lawyers need to identify the
potential litigants and communicating the to build a cohort of lawyers prepared to
remedies they seek, or the impact desired, Lawyers working on cases of child sexual
importance of reporting abuses as they support victims in pursuing enforcement
at the beginning of the project. For example, abuse by peacekeepers need to take a
occurred. Additionally, using civil society of any judgments across the relevant TCCs.
lawyers or organizations working on strategic holistic approach to ensure the greatest
media and community engagement
litigation cases regarding child sexual abuse beneficial impact for the client and the
by peacekeepers may seek a variety of cause, and to minimise any risks. Risks
techniques can amplify the impact of Assessing the impact of
any potential successes arising from the strategic litigation
impacts, including improving the quality include the possibility of re-traumatization
litigation in question.
of investigations into allegations of child for victims of SEA who may be required to
sexual abuse; ensuring that TCCs prosecute testify about their experiences in multiple Strategic litigation can be used to
For the same reasons, litigators, possibly
and sanction all perpetrators appropriately; fora (as seen in Case Study 1 (Uruguayan advance a number of different goals,
in coalition with NGOs, should conduct
changing the way the UN deals with the peacekeepers in Haiti), in which Johnny including policy, legal and social change.
advocacy activities at different points
cases; and increasing the number of victims Jean testified in both his home State and Consequently, evaluating the “impact”
of the litigation process. For example,
of strategic litigation can sometimes the litigation, and concrete changes (e.g., evaluating whether strategic non-repetition. Lawyers bringing strategic
be difficult, particularly when different to technical procedures necessary to litigation and advocacy efforts have litigation must therefore select the forum
actors may be seeking different results. implement any policy changes. encouraged lawmakers to consider that is best equipped to deliver judgments
For example, direct victims of child sexual supporting the creation of an international that may prompt the desired change.
abuse by peacekeepers may be seeking jurisdiction mechanism for the prosecution
material reparations, while organisations Material: Specific benefits to the client of peacekeepers), as well as the effect that The following table outlines in greater
involved in the strategic litigation may stemming from the litigation, such as the process itself may have to empower detail the potential criteria for use in
be focused on legislative impact. In material reparations (e.g., psychosocial and rehabilitate the victim. analysing the impact of any strategic
some cases, it can also be challenging to support, rehabilitation, and compensation litigation regarding child sexual abuse by
identify a causal relationship between a for harms suffered). Some of these criteria may be more peacekeepers.
specific case and any possible outcomes, relevant in particular contexts than
in part because strategic litigation can be Community: Benefits running to others in others, or suitable only for evaluating 1. The activity and techniques column
a lengthy process. In the time it takes for a similar situation, beyond the individual strategic litigation at certain phases; for provides a high-level overview of some of
a set of legal proceedings to conclude, clients (e.g., collective reparations, public example, while “truth”-related outcomes the key strategies lawyers or NGOs may use
elections may have occurred (resulting education campaigns, paving the way for may emerge relatively early in the to achieve the desired outputs. Outputs
in legislative changes), social norms may other claimants). litigation process, policy and governance are typically, tangible or measurable
have changed, or other factors could impacts may take much longer to results of the activities conducted, such as
have resulted in human rights changes, Movement: The impact the litigation has materialize (often after years of ongoing news stories covering a particular topic or
independently of the litigation.273 on the relevant social movements, both advocacy and community organizing). In positive judgments.
in the country in which the litigation took assessing material impacts, in particular,
Despite these challenges, the impact of place and globally. it is important to recognize that even a 2. These outputs may or may not result
litigation can be assessed using several court order does not necessarily ensure in the outcomes outlined in the next
criteria, both as a prospective exercise prior Attitudes: Shifts in the attitudes of that a victim will receive the necessary column of the table below. Outcomes are
to the instigation of a case to determine its decision-makers and stakeholders (such reparations. Implementation of the the short-term and medium-term effects
suitability for strategic litigation and desired as judges, diplomats, journalists and law reparations orders in the few successful of the outputs (such as implemented
outcomes, and post hoc, after the litigation enforcement officials) as a result of the cases documented in this report has been policy changes or realized reparations for
has ended. These criteria include: litigation. slow, and most victims (across multiple victims). Outcomes occur because of the
jurisdictions) are still waiting to receive any activities conducted through the strategic
Justice: The impact on the clients through Social: Changes in the acceptability of benefits. Lawyers should anticipate this litigation process.
(i) the declaratory element of the litigation or tolerance to the particular issue in the when planning to bring strategic litigation,
(e.g., greater public awareness of what has country or region concerned. and measure the impact of the case(s) they 3. The ultimate impacts of strategic
occurred, including an acknowledgement initiate accordingly. litigation are the long-term, sometimes
of wrongdoing by the relevant authorities) These criteria, broadly categorised as they indirect effects of these outcomes, such
and (ii) adequate punishment or sanctions are, reflect the kinds of results that can Similarly, lawyers must take a slightly as reduced stigmatization of survivors of
(e.g., a public apology by the wrongdoer, stem from strategic litigation—both single, different approach when both planning child sexual abuse or increased community
authorities compelled to take affirmative discrete outcomes such as reparations for and evaluating national litigation as trust in local institutions. While impacts
action to repair damages). for the individual client(s) represented compared to regional or international are difficult to measure and may not
in the litigation and broader, systemic litigation. The policy changes sought at always materialize, they are the results that
Truth: Definitive findings of fact that can changes, such as legislative changes or regional and international human rights lawyers conducting strategic litigation
be of crucial importance to victims and in other essential reforms (e.g., reforming the mechanisms (such as the Committee hope to achieve.
campaigns for accountability. TCC’s internal mechanisms for opening on the Rights of the Child, for example)
investigations into peacekeeping troops will naturally differ from those sought
Legal: Changes in legal standards brought alleged to have committed acts of sexual through national courts, in part because
about by the litigation, whether through abuse). Additionally, some of these criteria the judgments in the former fora do not
caselaw, legislation, or decrees. are intended to capture intangible impacts always have the same legal weight that
such as changes in attitudes of relevant national decisions do, whereas national
Policy and Governance: Commitments stakeholders, including lawmakers, decisions will often not contain orders for
to policy changes made as a result of journalists, or law enforcement officials State actors to implement measures of
Activities & Techniques Outputs Outcomes Impact Activities & Techniques Outputs Outcomes Impact
• Litigation (i.e., • Litigation initiated • Victims feel a sense • Increased • Engaging with • Local working • A ‘landmark’ • Increased use of
criminal case, civil/ in the appropriate of justice community trust members of the groups informally judgment; other litigation globally to
remedies claim, forum in local and, legal profession in established to build authoritative secure reparations
or human rights • Convictions on where applicable, host countries and legal capacity caselaw and judicial successfully for
complaint) • Victims’ statements the basis of strong international TCCs statements survivors of child
are recorded (and evidence institutions, • Amicus briefs sexual abuse
• Working with disseminated, if including • Conducting judicial promoting • Cases that cite the
relevant authorities appropriate) • Perpetrators courts and law training strong analyses relevant human • Greater number of
LEGAL (COURTS)
to instigate are punished enforcement of relevant legal rights and criminal different lawyers
and NGOs bringing
JUSTICE
prosecutions commensurately to authorities • Preparing amicus issues developed; law

their crimes briefs issues framed in the cases in diverse fora
• Informing survivors • Peacekeepers are “language of the • Judiciary familiar
about their right to • The relevant deterred from • Conducting court” with applicable • Development of
participate in any authorities committing further comparative legal frameworks, legal framework for
legal proceedings issue timely and abuses (dismantled studies of different • Timely, well- principles, rights child sexual abuse
satisfactory public perception of jurisdictional publicised by peacekeepers
• Advocacy for an apologies a “climate of approaches to academic and other through
apology impunity”) peacekeeper commentary on jurisprudence;
child sexual abuse case(s) increased citations
• Assessing desires of litigation to relevant human
victims rights conventions
and other treaties
• Documentation, • Summaries of • Judgments with • Survivors feel

fact-finding, judgments, press strong findings of recognised and/
• Conducting • Briefing papers • Strong anti-child • Legal frameworks
evidence analysis, releases fact or vindicated;
targeted advocacy developed, sexual abuse laws in host countries
expert analysis, survivors are
at national disseminated and regulations and TCCs are in
scientific expertise • Significant press • The truth of empowered to
LEGAL (LEGISLATION)
governments and are passed (e.g., line with relevant
coverage allegations is participate in any
legislators (e.g., • Local and regional updates to international
• Conducting confirmed; an judicial proceedings
parliaments) roundtables national criminal humanitarian and
media and digital • Factual expert accurate historical (resulting in
conducted codes; age of human rights law
communications commentary record of abuses more adequate
TRUTH
• Conducting consent changed; standards

campaign to committed is and effective
reparations) advocacy towards • Pressure groups mandatory
highlight findings • Country studies created and is
international actors, formed reporting • Immunity bars
publicly available
putting pressure on requirements; and problems with
• Freedom of • Additional survivors
governments • Model legislation stronger sentencing extraterritorial
information • The relevant are encouraged to
provisions) application of
requests authorities report cases
national laws
accepted
• Increased overcome due to
• Parliamentary responsibility • The general
ratification of strong, consistent
questions public is informed
specialised criminalisation of
about events that
children’s rights and child sexual abuse
occurred, reducing
stigmatisation other human rights
treaties
Activities & Techniques Outputs Outcomes Impact Activities & Techniques Outputs Outcomes Impact
• Conducting • Roundtables and • New policies • Shifts in political • Community • Campaigns by • Community • Reduced
targeted domestic media outreach promulgated and attitudes towards engagement community groups members played stigmatization of
POLICY AND GOVERNANCE
and international conducted implemented prevention and conducted a part in the child sexual abuse
advocacy (e.g., State policies prosecution of • Public education campaign, and feel survivors
• Training manuals implementing on- child sexual abuse (e.g., child sexual • Production ownership of it
COMMUNITY
• Providing technical for relevant site court martials; reflected in (i) abuse prevention of materials • Community
assistance where stakeholders child safeguarding commitments to trainings) and digital • Greater public members are
necessary (e.g., created training for all change and (ii) communications to understanding informed of their
preparing child peacekeepers) actual, reforms • Encouraging explain projects of the particular rights, applicable
safeguarding • Draft policies, to procedures, replicated mass problem and laws and policies,
trainings) informed by best • Budgetary budgets and litigation • Replicated mass solutions and the available
practices, created allocations for the relevant litigation avenues to assert
• Sharing of best and disseminated training of the institutions • Analysing affected • Success of their rights (if
practices across to relevant judiciary/police/ community • Baseline study on replicated mass necessary)
countries/ authorities other stakeholders • National affected community litigation
jurisdictions in approved authorities have
which incidents of implemented any
child sexual abuse court decisions
by peacekeepers • Grassroots activism, • Production of • Lawyers and NGOs • Others take up
occurred including media, material to raise trained in/aware and take forward
advocacy and awareness of child of alternative the issue
online campaigning sexual abuse by advocacy methods
peacekeepers (e.g., (drawn from civil • Greater
• Collaborating “human stories” society) understanding
• Assessing needs of • Appropriate • Judgments • Victims feel
across organisations videos, profiles of of the scope of
victims measures of rendered that order recognised,
interested in survivors) • Continued public the problem,
reparation for such remedies and that the
working on SEA by engagement in and of ongoing
• Identifying victims identified reparations
peacekeepers • Working groups ongoing litigation prosecutions
psychological, • Clients receive delivered had
on the problem and/or mobilized to across
medical and social • UN provides rehabilitation and both practical and
• Cross-context formed call for meaningful jurisdictions and
service providers to material assistance compensation symbolic value
MOVEMENT
learning and accountability mechanisms
complement legal
• Victims were sharing of best initiatives
representation
• Improved ability
MATERIAL
participants practices
to continue
• Involving victims in in the process
bringing
legal process of identifying
perpetrators of
reparations,
child sexual abuse
• Advocacy to UN for achieving valuable
to justice
material assistance “justice” impacts
• Diverse actors
involved in
combating child
sexual abuse by
peacekeepers
(e.g.., not limited
solely to lawyers)
6.
Activities & Techniques Outputs Outcomes Impact
Avenues for
• Identifying • Roundtable • Changes in opinion • Stakeholders
stakeholders discussions with of stakeholders (politicians,
the relevant (UN officials, judges, police)
Strategic Litigation
• Implementing stakeholders on politicians, judges, respond
judicial education accountability for police, diplomats) differently to
activities child sexual abuse attitudes to allegations of
ATTITUDES
peacekeeper child child sexual abuse

• Regional and • Media campaign sexual abuse by peacekeepers
international to highlight the
advocacy to impact of child • Public statements
relevant diplomats sexual abuse on or changes in The following chapter sets out potential on the basis of universal jurisdiction.275
survivors States’ policies legal avenues through which lawyers and In such cases NGOs and lawyers work
• Engaging the regarding the NGOs might seek to address the issue of with victims, gather evidence of crimes
media prevention and peacekeeper child sexual abuse using that have taken place, and provide that
prosecution of strategic litigation. evidence to national authorities willing
child sexual abuse and able to prosecute the perpetrators
Cases against individual outside the country where the crimes
perpetrators took place. The NGOs support the victims
through the process and in certain cases
• Media and • Public awareness • Public is aware of • Public calling for represent the victims as civil parties in the
changes in policy/ Potential routes for bringing cases against
communications campaign on child children’s rights criminal proceedings.
legislation to individual perpetrators can be divided into:
sexual abuse by and prohibition of
ensure an end to (i) instigating criminal prosecutions; and (ii)
• Community peacekeepers sexual abuse A similar model could potentially be used
child sexual abuse civil claims.
advocacy more widely in the context of peacekeeper
SOCIAL
by peacekeepers child sexual abuse, with NGOs gathering

Instigating criminal prosecutions
• Public education evidence and providing it to national
(e.g., child sexual prosecuting authorities, most likely the
Domestic prosecutions
abuse prevention TCC, in an effort to instigate criminal
trainings) prosecutions. While this approach may
While the responsibility for conducting
criminal investigations and prosecutions have already been taken in a small
• Public opinion number of cases (for example, in the
typically lies with the TCC (or in the
survey French prosecution of troops for crimes
cases of civilian peacekeepers with the
host country, if the non-applicability of committed in CAR), REDRESS’s research did
immunity is confirmed by the UN),274 a not discover an extensive or particularly
further avenue for strategic litigation developed practice to date.
could be for NGOs to play a more active
role in attempting to instigate criminal Challenges to exercising extra-territorial
prosecutions. criminal jurisdiction
Replicating the model of universal Instigating criminal prosecutions in TCCs

jurisdiction prosecutions would, however, require those countries to
have laws or military codes that prohibit
A model for such work could be the their troops from committing child sexual
successful role played by NGOs in pushing abuse (or activities that child sexual abuse
for the domestic prosecution of core could encompass, such as rape or torture).
international crimes (war crimes, crimes In respect of civilian peacekeepers their
against humanity, torture and genocide) home countries would need to have
similar criminal laws with extraterritorial who have had children with peacekeepers courts. Civil judgments from one country judgment would require the court to reach
effect. According to research provided by is through paternity claims. The claimants are commonly enforced in the courts of a factual finding that the peacekeeper had
one interviewee to REDRESS, only 13 out in these cases may include children other countries in the commercial context. committed some form of wrong towards
of 117 UN Member States examined had themselves and the victims of SEA. Doing so is not always simple or swift, the victim (with the specific requirements
legislation on extraterritorial jurisdiction and the ease of doing so will depend on depending on the laws of the jurisdiction
that allowed national courts to exercise Where the conduct in question constitutes the local laws of the TCC. But if it could be in question). The process of doing so
their jurisdiction over sexual crimes a criminal offence – as in the case studies demonstrated that doing so was possible, would establish a measure of truth for the
committed abroad without restriction. discussed in this report, or in any situations it would incentivise lawyers in other host victims and their community and serve a
78 countries had legislation on other than where the relationship was countries to bring similar claims on behalf deterrence function by ending the sense
extraterritorial jurisdiction with non-exploitative and between consenting of the victims of SEA. of impunity for child sexual abuse by
requirements to be met that limited in adults – paternity claims are unlikely to peacekeeping forces. This technique of
some way the use of national jurisdiction provide all the elements of reparation Other civil claims using civil claims, combined with advocacy
to prosecute sexual crimes committed that are necessary for a victim. Criminal and media work, to achieve strategic
abroad. 13 countries had no legislation on investigations and prosecutions are Other forms of civil claims against the objectives has been used successfully in
extraterritorial jurisdiction, meaning their also required in such cases. While this individual peacekeepers could allow child cases arising out of different contexts,
courts could not exercise extraterritorial litigation may not directly result in a victims to seek justice in cases where including in torture cases.276
jurisdiction over sexual crimes committed criminal prosecution for the perpetrator or the abuse did not cause a pregnancy.
abroad. And for 13 countries it was not accountability for the TCC’s policy failures, Lawyers acting for victims attempted to Cases against TCCs
possible to ascertain whether they had the benefit of financial support provided to seek civil remedies against the individual
legislation on extraterritorial jurisdiction. a peacekeeper child through a successful peacekeepers in Case Study 2 (French The other primary potential avenue
paternity claim should not be downplayed. peacekeepers in CAR). for strategic litigation in this context is
Overcoming the reluctance of Further, a factual finding of a host country through claims against the TCC itself.
TCCs to prosecute court that a peacekeeper caused the The possibility of bringing civil claims will Such claims could be brought: (i) in the
pregnancy of a child could provide depend on the laws of the relevant State, domestic courts of the TCC; or (ii) before
Such an approach may address some of evidence and impetus for a subsequent including on jurisdiction, service, causes other regional and international human
the failings in investigations currently criminal finding in the TCC (see above). of action and possibly immunity. Claims in rights mechanisms.
carried out by TCCs, as identified the courts of the TCC are likely to be easier
throughout this report. However, the As outlined in Case Study 5 (paternity to enforce than claims in the courts of the Domestic claims
reluctance of TCCs to prosecute, even on claims in Haiti) there are still significant host country. This is a further potential role
the basis of strong evidence provided challenges in this form of litigation, for international NGOs working on this The possibilities for bringing claims against
by NGOs, is still a potential challenge. particularly the collection of evidence issue: identifying local lawyers in the TCCs the TCC in its own domestic courts will
This could be overcome by advocacy through DNA samples, the immunity of and providing them with the evidence depend to a large extent on the laws of
to relevant actors, such as prosecuting the UN and the enforcement of court gathered by local NGOs and lawyers in the each jurisdiction. Claims could include
authorities and parliamentarians (see orders from the host country against host country. a civil claim for damages against the
chapter 5); by judicial review in the courts the peacekeepers, who are likely to have TCC if the conduct by the peacekeepers
of the TCC of decisions not to prosecute, returned to the TCC. The likelihood of individual peacekeepers could be shown to invoke the direct legal
with subsequent claims to international having the financial resources to pay responsibility of the TCC itself, such as the
human rights bodies if necessary (see International enforcement of significant sums by way of compensation proceedings brought against Uruguay in
below); or by bringing private prosecutions paternity claims in civil claims is small. Claims against TCCs Case Study 1 (Uruguayan Peacekeepers
in jurisdictions that allow them. themselves (as discussed below) would in Haiti). Or the claim could potentially
One area in which international NGOs be better in this respect. Nevertheless, involve the judicial review of a failure by
Civil claims could potentially play a role would be even a modest sum could make a material the TCC to prevent, investigate, prosecute,
facilitating the international enforcement difference for the victim. punish or repair the actions of one of its
Paternity claims of these paternity claims. This would be peacekeepers that had committed child
done through connecting lawyers in the Strategic value of civil claims sexual abuse.
As explored in Case Study 5 about host countries with lawyers in TCCs, to
paternity claims in Haiti, one possibility for bring civil proceedings in the TCCs to Such civil claims have a strategic value While a survey of the potential legal bases
seeking a measure of support for women enforce the judgments of the host country above paternity claims. A positive for domestic claims against TCCs is not
possible given the variation between implementation of the CRC by States currently pending.284 OP3’s admissibility governing the behaviour of peacekeepers
jurisdictions, some domestic jurisdictions Parties.277 The CRC Committee may (i) criteria requires the facts of any in a particular country; (ii) failure to provide
will apply directly the provisions of issue comments on questions of treaty communication to have occurred after the judicial measures that adequately punish
international human rights law as set out interpretation; (ii) receive individual Protocol’s entry into force in the State Party.285 the perpetrators of CRC violations; or (iii)
in the following chapter, and others may communications from individuals or State’s unwillingness or inability to take
take such international human rights law groups of individuals;278 (iii) undertake Although the CRC Committee’s views effective and timely measures in response
into account when interpreting domestic investigations; and (iv) examine country and recommendations merely provide to peacekeepers’ activities despite prior
legislation. reports from States Parties.279 an authoritative interpretation of the knowledge of rights violations, constitute a
convention, Art. 11 requires that the breach of the State’s CRC obligations.
Claims to regional or international Communications before the CRC State Party in question give the views
human rights mechanisms Committee “due consideration” and ought to However, current low levels of ratification
submit a written response, “including of OP3 make this avenue for litigation
NGOs and lawyers for child victims of Optional Protocol 3 to the CRC (OP3), information on any action taken and difficult: of the countries discussed in
peacekeeper sexual abuse could also which established the communications envisaged.”286 States are obliged to submit this report’s case studies, only France has
consider regional and international procedure for the CRC, authorises the this information within six months of the ratified OP3. The avenue may, however,
human rights mechanisms as avenues CRC Committee to receive complaints publication of the Committee’s views, and be useful for other States or may become
for strategic litigation. These typically regarding violations of the CRC and its ultimately to implement the Committee’s more useful in the future as more States
require that domestic proceedings have optional protocols.280 196 States have decision in good faith (as part of their ratify OP3.
been exhausted in the courts of the ratified the CRC; of those, only 45 have obligations deriving from the ratification of
TCC, unless it can be proved that judicial ratified the OP3, submitting to the the convention). African Committee of Experts on the Rights
remedies were not effective or that communications procedure.281 and Welfare of the Child
there was undue delay. However, some Potential for claims relating to
human rights mechanisms are willing to OP3 provides limited opportunities for peacekeeper child sexual abuse The African Charter on the Rights and
accept claims directly without exhausting victims’ participation, including facilitating Welfare of the Child (ACRWC) has been
domestic remedies, such as the Economic closed hearings where deemed in the The CRC Committee has, to date, ratified by 48 African Union (AU) Member
Community of West African States best interests of the child, and ensuring not considered a complaint in which States and defines “children” as human
(ECOWAS) Court of Justice. that children’s views are accounted for in individuals from a State committed, on the beings under the age of 18. It enumerates
accordance with their age and maturity.282 territory of another State, human rights fundamental principles including non-
The section below examines those abuses falling under the CRC; the bulk of discrimination, protection of the best
mechanisms as potential avenues for its jurisprudence has concerned migrant interests of the child, and children’s civil,
litigation. The following chapter then sets CRC Committee or unaccompanied children who were political, sociocultural and economic rights.287
out the substance of the human rights- ill-treated by a State Party. It has therefore
based approach that could be applied Receives communications from: not yet developed jurisprudence on the The African Committee of Experts of the
in litigation before these mechanisms, extraterritorial application of the CRC. Rights and Welfare of the Child (ACERWC)
including the key international treaty Individuals and groups is the monitoring body of the ACRWC.288
rights that are implicated by peacekeeper Finally, as noted above, OP3 authorizes The ACERWC is empowered to hear
child sexual abuse and States’ failure to the Committee to initiate investigations communications, and to make requests for
respond adequately to it. Domestic exhaustion of remedies required into “grave or systemic violations” of the advisory opinions to the African Court on
rights enumerated in the CRC, the Optional Human and Peoples’ Rights, although no
Specialised child rights mechanisms Submit complaint within 1 year of exhaustion Protocol on the Rights of the Child on the such requests have been made yet.289
of domestic remedies Involvement of Children in Armed Conflict
UN Committee on the Rights of the Child (OPAC), or the Optional Protocol to the In addition to hearing complaints, the
Convention on the Rights of the Child on ACERWC may also investigate any issues
The Convention on the Rights of the Child Since the entry into force of OP3 the Sale of Children, Child Prostitution and falling under the ACRWC and can request
(CRC) establishes the UN Committee on in 2014, the CRC Committee has Child Pornography (OPSC). In the context information from States Parties regarding
the Rights of the Child (CRC Committee), published 22 decisions, most of which of the human rights abuses described in the implementation of the ACRWC.290
composed of a group of 18 independent are discontinuance and inadmissibility this report, such a complaint might allege States Parties are required to submit
experts charged with monitoring the decisions.283 More than 60 cases are that the: (i) lack of comprehensive laws reports to the ACERWC every three years.291
Communications before the ACERWC Potential for claims relating to Regional human rights mechanisms and may order interim or protective
peacekeeper child sexual abuse measures when an individual faces
As set out in the following chapter, in immediate risk of irreparable harm.303
ACERWC This mechanism remains relatively addition to the specialised children’s rights
untested; thus far, the ACERWC has only mechanisms described above, many While there is no specific regional treaty
Receives communications from: published 10 complaints, three of which regional human rights instruments contain on the rights of children within the Inter-
were deemed inadmissible and one of general provisions from which children American system, Article 19 of the American
Individuals, including children which remains pending. None of these may benefit. Child victims or their lawyers Convention on Human Rights (ACHR)
communications concern children in seeking judicial remedies should therefore explicitly provides that all children have
situations of armed conflict. consider bringing complaints at any of the “right to the measures of protection
Domestic exhaustion of remedies required the following organs, where applicable. required by his condition as a minor on the
Unlike Optional Protocol 3 of the CRC, the The following section describes the part of his family, society and the state”.
Complaint preclusion - cannot address ACRWC has been widely ratified, including opportunities and obstacles to bringing The IACHR has interpreted this provision in
matters previously settled by TCCs, such as Nigeria, and States in complaints on behalf of child victims of light of the CRC.304 Additionally, the Office
which abuses by peacekeepers occurred, sexual abuse by peacekeepers in these fora. of the Rapporteur on the Rights of the
such as CAR. Child conducts country visits, disseminates
In the African human rights system, though reports on child rights in Member States,
Children may submit communications, The ACRWC expressly obliges States Parties the African Committee of Experts on the and can advise the IACHR in proceedings
or communications may be submitted to protect children against “all forms of Rights and Welfare of the Child is the most of individual petitions, cases, and requests
on behalf of a child with or without their torture, inhuman or degrading treatment obvious mechanism for adjudicating or precautionary or provisional measures
agreement where the complainant can and especially physical or mental injury or complaints about the violations of children’s implicating the rights of the child.305
demonstrate that the submission is made abuse, neglect or maltreatment including rights, the African Commission on Human
with the best interests of the child in sexual abuse.”296 It also requires that States and Peoples’ Rights (ACHPR) and the African Finally, the European Court of Human Rights
mind.292 Where possible, children who Parties take preventive measures, including Court on Human and Peoples’ Rights (ECtHR) may hear complaints concerning
are able to express their opinions ought the establishment of “special monitoring (ACtHPR) also receive complaints.299 The violations of the European Convention
to be informed of the communication(s) units to provide necessary support for the ACtHPR has both advisory and contentious on Human Rights (ECHR). Although the
presented on their behalf. 293 child . . . [including] reporting referrals for jurisdiction concerning the application of ECHR does not make specific mention of
investigation, treatment, and follow-up of the African Charter on Human and Peoples’ children’s rights, the ECtHR has consistently
States are required to respond to any instances of child abuse and neglect.” 297 Rights, (African Charter), while the ACHPR considered other international law treaties
communication within 60 days, barring accepts communications concerning in its jurisprudence, including the CRC.306
extenuating circumstances, before the In a 2018 decision, the ACERWC found violations of the African Charter.300
ACERWC makes an initial admissibility that Cameroon violated its obligation to Opportunities and limitations
decision.294 Once deemed admissible, the protect against child abuse and torture in Additionally, ECOWAS has the competence
respondent State Party has an additional a case concerning the rape of a 10-year-old to hear individual complaints of alleged Procedural and admissibility requirements
60 days to respond on the merits. The girl. In particular, the ACERWC determined human rights violations, including rights may limit the utility of each of these
ACERWC may decide that a hearing that Cameroon had failed to adequately deriving from UDHR, the African Charter, mechanisms for the purposes of
is necessary, or parties may request a investigate, punish or provide reparations and the International Covenant on Civil litigating claims concerning abuse by
hearing—witnesses may be called, and for the event in question.298 and Political Rights (ICCPR).301 ECOWAS peacekeepers. For example, though
children capable of expressing their has previously heard cases concerning the individuals may bring complaints to most
opinions may participate through a child- Victims of sexual abuse by peacekeepers rights of pregnant women and children, and of the mechanisms discussed above, they
friendly process.295 Decisions are submitted could similarly submit complaints has invoked the ACRWC.302 cannot do so where the State in question
to the AU Assembly and published after alleging that TCCs are in violation of the has not accepted the mechanism’s
their consideration by the AU Assembly ACRWC obligations by failing to conduct Several similar mechanisms operate within jurisdiction. In other cases, though
and any States Parties involved. investigations into allegations of sexual the Inter-American system for human rights, States may have accepted a mechanism’s
abuse, punishing the perpetrators, or including the Inter-American Commission jurisdiction, they may not have accepted
provide remedies to the victims. on Human Rights (IACHR) and the Inter- the competence of the particular court to
American Court of Human Rights (IACtHR). receive applications from individuals.307
Both bodies can hear individual complaints
Exhaustion of domestic remedies Other UN treaty body mechanisms Human Rights Committee Committee on the Elimination of
requirements may also limit the ability of Discrimination against Women
applicants to bring complaints to any of The Human Rights Committee (HRC) is an
the above mechanisms; however, though Human Rights Committee 18-member body of experts tasked with The Committee on the Elimination of
most international courts or quasi-courts monitoring State Parties’ compliance Discrimination Against Women (CEDAW
require that applicants show they have Receives communications from: with the ICCPR.309 Committee) is the body responsible
sought relief in domestic courts, where they for monitoring implementation of the
can demonstrate that domestic judicial Individuals and groups In addition to the broad protections Convention on the Elimination of All Forms
systems are ineffective, most mechanisms afforded to children as individuals within of Discrimination against
permit complaints to proceed. Additionally, a State Party’s jurisdiction, the ICCPR also Women (CEDAW).
some mechanisms and courts require that Domestic exhaustion of remedies required specifically provides that all children,
communications are filed within a set period without discrimination, shall have “the Similar to the Human Rights Committee,
after the exhaustion of domestic remedies.308 No strict time limit to submit complaints right to such measures of protection as are the CEDAW Committee may receive
required by his status as a minor, on the individual communications regarding
A further limitation on the regional human part of his family, society and the State.”310 alleged violations of the Convention
rights mechanisms is the time taken to Additionally, the ICCPR clearly prohibits by any States which are party to the
issue a decision. Communications and cases In addition to the CRC Committee, other gender-based discrimination.311 Optional Protocol to CEDAW.316 To date,
before the ACHPR, IACHR and ECtHR can UN treaty body mechanisms provide 112 States have ratified the Optional
take many years to be decided, even over a additional fora for bringing complaints Opportunities and limitations Protocol and accepted the CEDAW
decade in some instances. about human rights violations arising Committee’s competence to hear
from peacekeeper child sexual abuse. The HRC may consider individual individual complaints.317
The following table provides a general The following section briefly describes communications regarding violations
overview of the jurisdictional and the available mechanisms, and the of the ICCPR by any States that are
procedural requirements at the human opportunities and limitations they party to the Optional Protocol to the CEDAW Committee
rights mechanisms described above: provide in this context. Covenant.312 116 States have ratified
the Optional Protocol.313 Some States Receives communications from:
have lodged reservations limiting the
HRC’s competence to examine particular Individuals and groups
complaints, despite having ratified the
Optional Protocol.314
Additional Hears
May Order
Domestic Domestic exhaustion of remedies required
Protocol / Complaints Exhaustion of Time
Declaration from
Interim
Measures
Remedies Limits Proceedings at the Human Rights
Required Individuals Required
Committee can be lengthy, in part due to No strict time limit to submit complaints
African Commission a significant backlog of pending cases.315
on Human and • • • • Still, as a widely ratified treaty—with
Peoples’ Rights
173 States Parties—and relatively high
African Court on
Human and Peoples’ • • • • • ratification levels of the Optional Protocol, Opportunities and limitations
Rights the HRC may be a promising venue for
bringing complaints about sexual abuse The CEDAW Committee has a lower
Economic Community
of West African States • • of children (by peacekeepers). Though caseload than several of the other human
Court of Justice the decisions of the HRC are not legally rights mechanisms mentioned, so is likely
Inter-American binding, they constitute an authoritative to be swifter than many to issue a decision.
Commission on • • • • interpretation of the ICCPR and are to be
Human Rights
implemented by States in good faith. All complaints submitted must concern
Inter-American Court
• • • only events that occurred after the
of Human Rights
Optional Protocol entered into force for the
European Court of
• • •
State Party concerned.
Human Rights •
In response to communications, the
CEDAW Committee may request that
a State Party take interim measures to
avoid possible irreparable damage to
the victim(s). States are given six months
to respond to any communications,
Committee Against Torture
Receives communications from:
Individuals
7. A Human Rights -
Based Approach
both during the admissibility and merits
consideration phases.318 After
Domestic exhaustion of remedies required
receipt of the Committee’s decision,
States must respond with a plan for
implementing the CEDAW Committee’s No strict time limit to submit complaints Introduction of host country jurisdiction to prosecute
recommendations. peacekeeping troops under SOFAs.328
In 2015 the Independent Review Panel
The CEDAW Committee is also authorized established by the UN Secretary-General in As elsewhere in the report, the chapter
to initiate inquiries into situations of Opportunities and limitations
response to allegations of sexual abuse by focuses principally on claims in respect
grave or systemic violations of women’s peacekeepers in CAR recommended that of child sexual abuse by peacekeeping
rights.319 Such inquiries may only be States are given the opportunity to
respond to any communications deemed SEA should be treated as human rights troops, as opposed to civilian
conducted with respect to States parties violations and dealt with within the UN’s peacekeepers or experts on mission, unless
that have recognized the competence of admissible by the CAT.325 The CAT may also
request interim measures to be taken by human rights framework.327 otherwise stated.
the CEDAW Committee —States could
opt out from this procedure by making a the State to prevent irreparable harm to
the alleged victim(s).326 Given the obstacles highlighted in this Extraterritorial jurisdiction
declaration that they do not recognize the report to bringing justice and reparations
Committee’s competence.320 to victims, NGOs and lawyers could
As this report has noted, the CAT has A human rights claim against the TCC will
previously recognised rape and sexual consider a human rights approach in have to establish that the acts or omissions
UN Committee Against Torture cases of sexual abuse of children by
violence as a form of torture. Therefore, this of the TCC fall within the jurisdiction of
mechanism may be a particularly effective peacekeepers. This approach must, the relevant human rights instrument(s).
Finally, the CAT may also receive however, go beyond the UN’s human
one for developing jurisprudence. Such jurisdiction is likely to need to be
individual complaints. Comprised of 10 rights framework, if TCCs, in particular, are extraterritorial, given that the victims of
independent experts, the CAT is charged to be held responsible for human rights peacekeeper abuse are likely to be located
with monitoring the implementation of violations. The present chapter examines outside the territory of the TCCs.
the Convention Against Torture and Other the legal elements of such an approach.
Cruel, Inhuman or Degrading Treatment
The human rights jurisprudence on the
or Punishment (UNCAT).321 The CAT can
Focus of chapter issue of extraterritorial jurisdiction and the
also undertake confidential inquiries when
following question of attribution is complex
it has received reliable information that
This chapter focuses on potential human and can appear, at times, contradictory.
torture is being systematically practiced in
rights claims against TCCs, as opposed to The following brief sub-sections seek to
a State Party.322
claims against the UN or host countries. As identify some of the key issues, but for a
outlined below, claims against TCCs appear more detailed analysis see Róisín Burke,
The CAT can only review complaints
a potentially promising route for strategic Sexual Exploitation and Abuse by UN Military
against only those State Parties that have
litigation to challenge peacekeeper Contingents: Moving beyond the Current Status
accepted its competence to do so (by
child sexual abuse. While human rights Quo and Responsibility under International
making a declaration under Art. 22 of the
obligations of the UN and host countries Law, 2014, pages 118-178.
UNCAT).323 To date, 69 States have made
are also implicated by peacekeeper child
such a declaration.324
sexual abuse, and legal claims against International Covenant on Civil and
them would not necessarily be impossible, Political Rights
such claims are likely to face significant
practical challenges, including from the Article 2(1) ICCPR states that “each
immunity of the UN and the exclusion State Party to the present Covenant
undertakes to respect and to ensure to all the generally prevailing territorial principle. States liable for violations of human diligence to prevent,347 investigate,
individuals within its territory and subject to In its case law, the ECtHR has established rights committed abroad.342 While there prosecute or repair instances of child
its jurisdiction the rights recognized in the that an extraterritorial act could only fall is still limited case law on extraterritorial sexual abuse by their peacekeeping troops.
present Covenant.”329 Although the definition within the State’s jurisdiction in exceptional jurisdiction, the broad approach taken
of jurisdiction is primarily territorial, the circumstances if (1) the State under by the ACHPR seems to indicate that Further support for such an argument
HRC has opened the door to extraterritorial obligation exercises effective control of an human rights violations committed might be drawn from the fact that
jurisdiction in specific circumstances. In area outside its national territory,335 or if (2) extraterritorially by African TCCs could be TCCs typically explicitly agree to retain
its General Comment 31, the HRC stated the State places individuals or groups of found admissible by the Commission.343 jurisdiction to prosecute their troops, to
that a State Party must ensure the rights of individuals under its authority and control.336 the exclusion of host country, in the MoU
individuals “within the power or effective Attribution agreed between them and the UN.348 While
control of that State Party, even if not situated In light of these principles, a TCC’s response the bilateral obligations of the TCC vis-à-
within the territory of the State party”.330 As to child sexual abuse perpetrated by its In order for a victim of sexual abuse by vis the United Nations may not necessarily
such, the HRC has understood the ICCPR peacekeeping troops could potentially fall peacekeepers to bring a successful human be determinative of the TCC’s obligations
to apply to individuals under the power or under the jurisdiction of the ECtHR. rights claim against the TCC before the towards extraterritorial victims under IHRL,
effective control of a State Party’s forces, competent body, they must also establish it would appear difficult for a TCC to argue
including national contingents “assigned to American Convention on that the breaches of human rights in such circumstances that it should not
an international peace-keeping or peace- Human Rights violations are attributable to the TCC. hold legal responsibility toward the victim
enforcement operation”.331 Following this for a failure to investigate or prosecute an
approach, in its observations regarding Similarly to article 1 ECHR, article 1 ACHR It is helpful for such purposes to divide the instance of child sexual abuse.
human rights violations perpetrated by obliges the State Parties to ensure to all human rights violations of the TCC into two
Belgian peacekeepers deployed to Somalia persons subject to their “jurisdiction” the free categories: the due diligence obligations of Finally, other international treaties, such as the
during the 1990s, including sexual abuse of and full exercise of the rights and freedoms the TCC to prevent, investigate, prosecute so-called Lanzarote Convention, require States
children, the HRC recognised that violations enshrined in the Convention. The IACHR and repair the sexual abuse; and the direct to establish jurisdiction over sexual violence
in such circumstances give rise to TCC refers to the jurisprudence of the ECtHR in obligations of the TCC not to commit and abuse against child victims, when the
obligations under the ICCPR, considering the determining the scope of extraterritorial sexual abuse. offence is committed by one of its nationals.349
power or effective control over the victims.332 application of the Convention.337 The
In addition, in cases such as Ibrahima IACHR appears to generally take a broad Due diligence obligations Direct obligations
Gueye et al v France, the HRC found that approach to the question of extraterritorial
the ICCPR may give rise to extraterritorial jurisdiction.338 So far, it has declared It is acknowledged under international A further layer of complexity exists in
“subject-matter” jurisdiction, for instance admissible a number of cases involving law that States have obligations to determining whether human rights
when individuals can rely only on the State States accused of extraterritorial violations. exercise due diligence to prevent, protect breaches flowing directly from the act
Party’s legislation for access to a specific The Commission has used the criteria of against and investigate sexual abuse, of sexual abuse itself (as opposed to the
right.333 This last approach may be particularly “authority and control” of the State over a and to prosecute such violations and failure to meet due diligence obligations)
relevant for child victims of sexual abuse by person339 and, in some cases, “power and provide reparations even when violations could be attributed to the TCC.
peacekeepers, given access to justice is often authority” have been found sufficient to are committed by private actors.344 Due
tied to the TCC’s exclusive criminal jurisdiction establish jurisdiction.340 Given these criteria, diligence obligations to prevent human The victim would need to demonstrate
over these personnel.334 it is not unlikely that the victims of SEA could rights violations have been confirmed by, that the individual peacekeeper
be considered within a TCC’s jurisdiction for among others, CEDAW, the HRC, CAT, and committing the sexual abuse was not
European Convention on the purpose of litigation before the IACHR the UN General Assembly.345 International acting ultra vires and simply in his/
Human Rights if the required degree of control is present courts and tribunals relying on due her capacity as a private individual. The
in those cases. diligence obligations have included the International Law Commission’s (ILC’s)
Regional mechanisms have developed IACtHR, ACHPR, ECtHR and ECOWAS Court Draft Articles on Responsibility of States for
different standards on the applicability of African Charter on Human and of Justice.346 Internationally Wrongful Acts (DARSIWA)
extraterritorial jurisdiction. Peoples’ Rights state at Art. 7: “The conduct of an organ of
On such basis, combined with the a State or of a person or entity empowered
The ECtHR, in interpreting article 1 of The African Charter does not have a jurisprudence on extraterritorial effect to exercise elements of the governmental
the ECHR, regards the assumption of jurisdictional limitation clause.341 In its outlined above, TCCs are likely to have authority shall be considered an act of the
extraterritorial jurisdiction as an exception to jurisprudence, the ACHPR has found a legal duty under IHRL to exercise due State under international law if the organ,
person or entity acts in that capacity, even under 18 years of age is defined as sexual The OPSC, which came into force in Article 6 of CEDAW requires the State
if it exceeds its authority or contravenes abuse by the UN.353 Those acts of sexual 2002, provides States with detailed Parties to take all appropriate measures to
instructions.” However, the ILC in abuse committed by peacekeepers, as well requirements to end the sexual abuse suppress all forms of trafficking and sexual
its Commentary on Article 7 DARSIWA as the failure of TCCs to protect victims, of children. In particular, it creates exploitation of women.363 As mentioned
points out that cases “where officials effectively investigate allegations hold obligations on governments to criminalise above, the Convention aims to protect
acted in their capacity as such, albeit accountable the perpetrators and provide and punish these acts.358 This includes a the human rights of women as a whole,
unlawfully or contrary to instructions, reparations to victims, constitute multiple requirement to establish extraterritorial thereby encompassing the physical and
must be distinguished from cases where violations of children’s rights and human jurisdiction for criminal offences relating sexual integrity of women.
the conduct is so removed from the scope rights. The following paragraphs examine to the sexual exploitation of children.359
of their official functions that it should be the main rights and States’ obligations likely While the Convention and its Optional The due diligence obligation on State
assimilated to that of private individuals, to be engaged in the context of litigation Protocol provisions offer a comprehensive Parties to protect, investigate and punish
not attributable to the State.”350 before human rights mechanisms. framework to establish States’ duties sexual violence against women and girls
with respect to cases of sexual abuse is at the core of the recommendations of
In the cases of UN peacekeeping Children’s rights of children by peacekeepers, only 45 the CEDAW Committee, which has also
missions the victim would also need to countries have ratified the Optional played a pioneering role in monitoring
demonstrate that the command structures The CRC comprises the most complete Protocol on a Communications procedure, different forms of violence against
of the peacekeeping mission did not shift statement of children’s rights and the most which enables individual complaints to be women, including conflict-related sexual
attribution away from the TCC and on to widely-ratified international human rights brought to the CRC Committee.360 violence.364 Under the Optional Protocol
the UN.351 treaty in history, with 196 States Parties.354 of the CEDAW, the Committee is able to
CRC defines a child as any human being The CRC and the work of the CRC receive individual communications (see
To what extent the above can be under the age of 18, unless majority is Committee provide useful guidelines for above for more information about the
demonstrated in a given case is likely to attained earlier under the law applicable advocacy and specific principles that should CEDAW Committee as a potential forum for
depend to a certain amount on the facts to the child.355 Article 34 of the Convention guide litigation involving child victims. In strategic litigation). The gender-sensitive
of the case in question. In any event, deals specifically with the States Parties’ this respect, article 3(1) of the CRC offers a approach developed by the Committee for
as outlined above, if it were not possible duties “to protect the child from all forms clear formulation of the need for a child- investigation, standards of evidence and
to attribute to the TCC the human rights of sexual exploitation and sexual abuse.”356 centred approach: “In all actions concerning prosecution also offers useful guidance for
breaches flowing directly from the act of States Parties are required to take all children, whether undertaken by public or litigating cases of sexual abuse of children
sexual abuse, the fact that the TCC had failed appropriate measures to prevent: private social welfare institutions, courts of by peacekeepers before human rights
in its obligations to exercise due diligence law, administrative authorities or legislative mechanisms.365
to prevent, investigate, prosecute or repair (a) “The inducement or coercion of bodies, the best interests of the child shall
the sexual abuse by its peacekeepers would a child to engage in any unlawful be a primary consideration.”361 Sexual abuse of children as a form of
be sufficient on its own to sustain a human sexual activity; torture or ill-treatment
rights claim for the purposes of strategic Women’s rights
litigation. (b) The exploitative use of children The prohibition of torture and ill
in prostitution or other unlawful Strategic litigation on peacekeeper child treatment constitutes a powerful tool
Rights violated and state sexual practices; sexual abuse may also benefit from the likely to be applicable to at least some
obligations gender-sensitive approach developed in forms of sexual abuse of children. In
(c) The exploitative use of children the CEDAW. 189 States are party to the 2015, the Independent Review Panel
As mentioned in chapter 1, the UN in pornographic performances Convention, which prohibits sex-based recommended to reframe sexual violence
Secretary-General’s 2017 report, Special and materials”.357 discrimination and requires States to take by peacekeepers as “a form of conflict
measures for protection from sexual all appropriate measures to ensure that related sexual violence (CRSV) that must
exploitation and abuse: a new approach, Other relevant provisions include the child’s women can fully exercise their human be addressed under the UN’s human rights
identifies different forms of sexual abuse right to privacy (article 16), right to protection rights and fundamental freedoms.362 policies”.366 CRSV is considered by the
against children as including: child from torture (article 37), and right to care Office of the Special Representative of the
rape, sexual assault, solicitation of child during armed conflict (article 38). The right to While both boys and girls have been Secretary-General on Sexual Violence in
prostitution, trafficking for SEA, other forms privacy and the prohibition on torture in the the victims of sexual abuse perpetrated Conflict to be a gross violation of human
of sexual violence against children and context of peacekeeper child sexual abuse by peacekeepers, girls and women are rights.367 Acts falling in this category are
“others”.352 All sexual activity with individuals are discussed in more detail below. particularly vulnerable to sexual violence. “Rape, sexual slavery, forced prostitution,
forced pregnancy, forced abortion, to acts of torture.375 In addition, the an alleged violation.381 It requires a victim- human rights conventions, such as the
enforced sterilization, forced marriage procedural obligations of TCCs may be centred approach to justice, including prohibition of torture mentioned above.
and any other form of sexual violence of engaged for failing to take effective steps participation in and access to the process.382
comparable gravity perpetrated against to protect victims, put in place criminal For the victims of peacekeeper child sexual Reparations granted to victims of sexual
women, men, girls or boys that is directly law provisions, conduct effective criminal abuse and their families, the absence of abuse should “be sensitive to gender, age,
or indirectly linked to a conflict”.368 Treating investigations and provide effective effective investigation and prosecution, cultural diversity and human rights and
SEA as a form of CRSV could improve reparations.376 alongside the failure to inform them about must take into account women’s and girls’
accountability processes and mechanisms, the process, is likely to constitute a violation specific circumstances, as well as their
based on the framework developed Sexual abuse as a violation of their right to truth.383 dignity, privacy and safety”.389 In the case
for CRSV for investigation, standards of the right to privacy of sexual abuse by peacekeepers, the few
of evidence and prosecution, while The right to effective remedy ex gratia payments made to the victims by
promoting a victim-centred and gender- The right to privacy and family life is and reparations UN institutions and foreign governments390
sensitive approach.369 enshrined in human rights mechanisms, are negligible with respect to the harm
such as the ICCPR and the ECHR, which The right to a remedy for gross human suffered by the victims and fail to apply the
The integration of SEA within the CRSV prohibits arbitrary or unlawful interference rights violations is a well-established holistic victim-centred approach promoted
framework still needs to be achieved at the with privacy and family, as well as norm of international law. Article 8 of by human rights mechanisms.
UN level.370 However, even in the absence unlawful attacks on one’s “honour and the Universal Declaration of Human
of this policy shift, the alleged acts of rape, reputation”.377 Accordingly, States have Rights (UDHR) provides a clear and
sexual abuse, and exploitation of children positive obligations to protect individuals authoritative source for the right to a
perpetrated by the peacekeepers may against such interference or attacks. The remedy: “Everyone has the right to an
constitute a violation of the prohibition jurisprudence of the HRC and regional effective remedy by the competent
against torture and ill-treatment. In 1976, mechanisms has clearly established that national tribunals for acts violating the
the European Commission on Human sexual violence may constitute an unlawful fundamental rights guaranteed him by
Rights (ECmHR) recognized rape as a form interference with the victim’s privacy, the constitution or law”.384 Other human
of “inhuman treatment”.371 Since the late which involves “fundamental values and rights treaties codify this right, including
1980s, several human rights bodies, such essential aspects of private life”, particularly the ICCPR and the UNCAT,385 and regional
as the CAT and the CEDAW have identified in the sphere of child sexual abuse.378 bodies have also endorsed the right to a
rape and sexual violence as a form of remedy in their charters.386 The main State
torture.372 In the seminal case Akayesu, the 316. As acts threatening bodily and obligations in relation to the right to an
International Criminal Tribunal for Rwanda moral integrity of an individual, sexual effective remedy include: ensuring that
defined sexual violence as “any act of a abuse may constitute a violation of the victims have effective remedies through
sexual nature which is committed on a right to privacy. As with acts of torture and appropriate judicial and administrative
person under circumstances which are ill-treatment, procedural obligations of the mechanisms; investigating allegations
coercive ... not limited to physical invasion TCCs may be engaged for failing to take of violations promptly and effectively
of the human body and may include effective steps to protect the victims, put through independent bodies; prosecuting
acts which do not involve penetration or in place criminal law provisions, conduct those responsible for the violations;
even physical contact”.373 As mentioned effective criminal investigations and and providing reparation to victims.387
above, as the UN defines all sexual activity provide effective reparations.379 Forms of reparation include restitution,
with individuals under 18 years of age as compensation, rehabilitation, satisfaction
sexual abuse,374 sexual abuse of children The right to truth and guarantees of non-repetition.388
is particularly likely to be considered as a
form of sexual violence and ill-treatment The right to truth is enshrined in many In the absence of access to justice and
and, in some cases, torture. international instruments and has been adequate reparations for victims, child
addressed both by the UN mechanisms sexual abuse by peacekeepers is likely
Case law of the Inter-American and in the jurisprudence of the regional to constitute a violation of the right to
Commission on Human Rights (IACHR), human rights bodies.380 It entitles the victim, effective remedy, either alone or read
ECtHR and the ACHPR has also established their family and the general public to seek in conjunction with other articles of the
that rape by State officials may amount and obtain all relevant information about
SUBSTANTIVE RIGHTS VIOLATIONS BY UN PEACEKEEPERS
States are obligated to respect and ensure respect for the following human rights:
8. Recommendations
Children’s Rights
As outlined in the introduction to this Improve the quality of investigations
The UN Convention on the Rights of the Child protects children’s rights: report, the broad issue of SEA by UN into instances of peacekeeper child sexual
peacekeepers, both military and civilian, abuse. This should be done by:
Against sexual has received a certain amount of both
To privacy To protection from To care during armed
exploitation and abuse
(Art. 16)
(Art. 34)
torture (Art. 37) conflict (Art. 38) academic attention and policy analysis - ensuring that investigations meet
to date.391 This report does not seek to the standards of swiftness, impartiality
repeat all of the various and cogent and effectiveness required under
Women’s Rights recommendations for reform made in such international human rights law;393
Some provisions of the Convention on t he E limination of a ll F orms of D iscrimination
analyses. Neither does it restate all of the
against Women ( CEDAW) are applicable to child sexual abuse: proposals for reform recommended, and to - ensuring specialists in working with
varying degrees implemented, in internal child victims of sexual abuse always
States Parties are required to take all appropriate measures to suppress all forms of trafficking and sexual UN reviews and resolutions on this issue play a prominent role in investigations,
exploitation of women (Art. 6) – and to otherwise ensure women can fully exercise their rights over the last two decades.392 to ensure the quality of evidence
gathered and minimise the risk of re-
Prohibition a gainst Torture a nd I ll -Treatment There are, however, certain traumatisation;
recommendations for reform that find new
Torture is prohibited in a number of international treaties, including the: or further support in the findings of the - ensuring investigations follow a
research undertaken for this report. They victim-centred approach through
include reforms for addressing particular providing psycho-social support to
UN Convention on International European Convention American Convention hurdles identified in the case studies, victims, taking into account the best
Torture and Other Covenant on Civil on Human Rights on Human Rights
Cruel, Inhuman or and Political Rights (ECHR) (Art. 3) (ACHR)
methods necessary for overcoming the interests and particular needs of children;
Degrading Treatment (ICCPR) (Art. 7) (Art. 5(2)) challenges posed by sexual abuse against
or Punishment (CAT) children specifically, and proposals for - taking guidance from relevant
human rights-based strategic litigation to international standards, including
Right to Privacy
address existing failings. the International Protocol on the
These treaties also protect the right to privacy, which has been interpreted by the Human Rights Committee Documentation and Investigation
and European Court of Human Rights to include a prohibition against sexual violence
As with the report overall, given the of Sexual Violence in Conflict,394 the
content of the cases identified in the forthcoming Murad Code395 and other
In the absence of effective investigations or prosecutions... underlying research the focus of the forthcoming guidelines on investigating
States may have violated the following rights: recommendations is principally on military grave human rights violations involving
peacekeepers. However, many of the children.396
recommendations are also expected to be
relevant to civilian peacekeepers. As necessary amend domestic laws and
The right to truth, entitling victims, their The right to effective remedy and reparation,
families, and the general public to seek and enshrined in numerous human rights treaties policies to:
obtain information about an alleged violation. (including the ICCPR, CAT, ECHR, ACHR and Recommendations for TCCs are
African Charter on Human and Peoples Rights) as follows: - ensure jurisdiction is asserted over crimes
Derived from jurisprudence by courts and
treaty bodies of child sexual abuse committed overseas;
Take necessary measures to prevent
the occurrence of sexual abuse by their - amend military and civilian criminal
peacekeeping forces, including through procedures to make them suitable for
adequate training. prosecuting crimes taken place overseas,
such as through admitting video alone is not sufficient. Decisions to deploy Address recognised misperceptions sexual abuse through technical assistance
evidence from witnesses, instituting on- troops from a particular TCC need to among Member State courts and where qualified to do so.
site court martials, and allowing the use be based on a rigorous assessment of a populations about the extent of
of a commission rogatoire; number of factors, including: immunity for those associated with the Apply pressure on TCCs and the UN to adopt
UN through judicial training and public the policy recommendations outlined above.
- make prosecution processes, - the TCC’s track record to date of communications.
particularly military prosecution investigating and prosecuting instances Pro-actively engage in debates on
processes, sufficiently transparent of peacekeeper child sexual abuse; Encourage TCCs to adopt the potential responses to the wider problem
to enable victims and/or their recommendations outlined above. of peacekeeper SEA, such as proposals for a
lawyers to determine the outcome of - analyses of the laws, procedures and Temporary Independent Oversight Panel or a
prosecutions and to participate in the practice of the TCC military and civilian It is recognised that peacekeeper host Special Court Mechanism.399
process. Guidance on victims’ rights legal systems, to determine its current countries will often face significant
to information and participation in ability to prosecute cases of peacekeeper challenges given their fragile and In respect of non-UN peacekeeping
criminal prosecutions can be drawn child sexual abuse committed conflict-affected nature. Nevertheless, missions such as Sangaris, members of the
from the EU Victims’ Rights Directive397 extraterritorially; and recommendation for host countries, to Security Council might seek to exercise
and related guidance.398 the extent they are able to fulfil them, greater scrunity over troop conduct through
- any credible accounts of violations of are as follows: the Security Council.
Publish military codes of conduct, international humanitarian and human
procedures for investigating crimes rights law by TCC troops domestically Actively support victims in cases of Recommendations for NGOs and lawyers
committed during deployment and details or abroad. The recent suspension of peacekeeper child sexual abuse in seeking representing victims are as follows:
of training provided to troops to ensure deployments by Sri Lankan troops is a justice and accountability. This should be
that detailed scrutiny is possible and welcome example of the UN refusing to done for example through asserting the Further increase the scrutiny of TCCs and
that due recognition can be given when deploy troops from a particular TCC on host county’s legal rights vis-à-vis the UN UN investigative and prosecutorial processes
improvements are made. these grounds. under the relevant SOFA, and through in cases of peacekeeper child sexual abuse
exerting diplomatic pressure on the UN and improve the publicization of findings.
Ratify and implement international Continue to improve the quality of any and TCC.
treaties requiring accountability for investigations carried out by the OIOS and Increase coordination between local NGOs
peacekeeper child sexual abuse, and sign other UN organs, including through: Facilitate the provision of legal support to in host countries, local NGOs in TCCs, and
up for the adjudicative processes under child victims of peacekeeper sexual abuse, international NGOs. The objective of such
those treaties to ensure such standards - implementing the measures for through legal aid where possible or through coordination should be to develop unified
are met. Relevant treaties include the CRC, improvement of investigations outlined support to NGOs providing such services. strategies to ensure that the inherently
CEDAW, ICCPR and UNCAT. above with respect to TCCs; transnational nature of peacekeeper child
Encourage the possibility of domestic sexual abuse is reflected in a transnational
Take all necessary measures to ensure - ensuring such measures are reflected prosecutions of civilian peacekeepers in response by NGOs.
access to reparations for all victims of in the ongoing revision of the OIOS host countries by ensuring fair trial rights
sexual abuse. Investigations Manual. and adequate standards of detention. Apply a human rights-based approach
to addressing the lack of accountability for
Demonstrate strong political will for holding Demonstrate a commitment to Provide the required cooperation peacekeeper child sexual abuse, making use
perpetrators of child sexual abuse to account. improving transparency and supporting in securing evidence and other legal of the normative frameworks and advocacy
legitimate litigation by engaging openly assistance that may be necessary to opportunities provided by doing so.
Recommendations for the relevant organs with victims’ lawyers and providing advance judicial processes in the TCCs.
of the United Nations are as follows: required information such as DNA samples Develop strategic litigation to address the
and other relevant evidence. Recommendations for other UN Member lack of accountability for peacekeeper child
Suspend the deployment of States are as follows: sexual abuse. This could involve a number of
peacekeeping troops from TCCs that do not Provide adequate support to victims, legal avenues, including instigating criminal
have the ability or willingness to investigate including psychosocial support and other Help build the capacity of TCC and host prosecutions, undertaking cross-jurisdiction
and prosecute instances of peacekeeper assistance that may be required. county legal systems to investigate and civil cases or using regional or international
child sexual abuse. Naming and shaming prosecute cases of peacekeeper child human rights mechanisms.
End Notes
1 UN, ‘Report of the Secretary-General’s Special Advisor, Prince Zeid Ra’ad Zeid Al-Hussein, on a comprehensive strategy to
eliminate future sexual exploitation and abuse in United Nations peacekeeping operations’ A/59/710, 24 March 2005, available
at: https://www.un.org/en/ga/search/view_doc.asp?symbol=A/59/710; UN, Ensuring the accountability of United Nations staff
and experts on mission with respect to criminal acts committed in peacekeeping operations, A/60/980, 16 August 2006, available
at: https://digitallibrary.un.org/record/584510/files/A_60_980-EN.pdf; Marie Deschamps, Hassan B. Jallow, and Yasmin Sooka,
supported by James Arguin, Maxine Marcus, Virginie Monchy and Emma Phillips, Taking Action on Sexual Exploitation and
Abuse by Peacekeepers: Report of an Independent Review on Sexual Exploitation and Abuse by International Peacekeeping Forces
in the Central African Republic, 17 December 2015, available at: https://www.refworld.org/docid/568d16eb4.html, p. 1; UNSC,
Resolution 2272 (2016), S/RES/2272, available at: https://undocs.org/S/RES/2272(2016), para. 1.
2 UN peacekeepers are referred to in the report as “peacekeepers”. Peacekeepers associated with other bodies will be
indicated as such.
3 Within the UN itself, the issue goes well beyond peacekeeping. The UN Secretary General stated in September 2017
that the majority of cases of SEA are perpetrated by civilian organisations of the UN and not in peacekeeping operations
(United Nations Secretary-General, Secretary-General’s address to High-Level meeting on the United Nations Response to Sexual
Exploitation and Abuse, 18 September 2017, available at: https://www.un.org/sg/en/content/sg/statement/2017-09-18/
secretary-generals-address-high-level-meeting-united-nations, para. 7).
4 See Chapter 7.
5 UN Website, Conduct in UN Field Missions: Data, available at: https://conduct.unmissions.org/sea-data-introduction.
6 Kate Grady, Sex, Statistics, Peacekeepers and Power: UN Data on Sexual Exploitation and Abuse and the Quest for Legal
Reform, The Modern law Review, Vol, 79, No. 6, November 2016, pp. 931-960, available at: https://onlinelibrary.wiley.com/
toc/14682230/2016/79/6.
7 Marsha Henry, Sexual exploitation and abuse in peacekeeping missions: reconceptualising agency and gender Relations, in:
Anne Phillips, Kalpana Wilson and Sumi Madhok (eds.) Gender, Agency, and Coercion. Thinking gender in transnational times,
Routledge, London, UK.
8 Paisley Dodds, AP Exclusive: UN Child Sex Ring Left Victims but No Arrests, AP News, Associated Press, 12 April 2017,
available at: https://apnews.com/e6ebc331460345c5abd4f57d77f535c1.
9 United Nations General Assembly, Special Measures for Protection from Sexual Exploitation and Abuse: a new
approach. Report of the Secretary-General, February 2017, available at: https://peacekeeping.un.org/sites/default/files/sg_
report_a_71_818_special_measures_for_protection_from_sexual_exploitation_and_abuse.pdf, p. 5.
10 Written evidence from Helen Evans, former Head of Safeguarding at Oxfam GB from 2012 to 2015 cited in House of
Commons International Development Committee, Sexual exploitation and abuse in the aid sector: Eighth Report of Session
2017-19, 31 July 2018, available at: https://publications.parliament.uk/pa/cm201719/cmselect/cmintdev/840/840.pdf, p. 20.
11 UN Website, Conduct in UN Field Missions: Glossary, available at: https://conduct.unmissions.org/glossary.
12 Given the sensitive nature of the work, several individuals were only willing to provide information on the condition of
anonymity. In those instances, interviews are cited as “Interview on file”.
13 United Nations Secretariat, Secretary-General’s Bulletin: Special measures for protection from sexual exploitation and abuse,
October 2003, available at: https://www.unhcr.org/uk/protection/operations/405ac6614/secretary-generals-bulletin-special-
measures-protection-sexual-exploitation.html, p. 1.
14 CRIN, Sexual Violence by Peacekeepers Against Children and Other Civilians – A Practical Guide for Advocacy, 2016,
available at: https://resourcecentre.savethechildren.net/node/10112/pdf/guide_-_peacekeeper_sexual_violence_final.pdf, p. 3.
15 United Nations General Assembly, Special Measures for Protection from Sexual Exploitation and Abuse: a new
approach. Report of the Secretary-General, February 2017, available at: https://peacekeeping.un.org/sites/default/files/sg_
report_a_71_818_special_measures_for_protection_from_sexual_exploitation_and_abuse.pdf, p. 41.
16 UN Website, Conduct in UN Field Missions: Glossary, available at: https://conduct.unmissions.org/glossary.
17 UN Website, Conduct in UN Field Missions: Glossary, available at: https://conduct.unmissions.org/glossary. Though note 33 Rosa Freedman, Unaccountable: A New Approach to Peacekeepers and Sexual Abuse, EJIL , 2018, Vol. 29, No. 3, pp. 965-9,
that for data purposes, UN use of the term victim includes both complainants (persons who report an allegation of sexual available at: http://centaur.reading.ac.uk/75656/11/chy039.pdf.
exploitation and abuse, but whose claim has not yet been established through an investigation) and victims (persons who
are, or have been, sexually exploited or abused by United Nations staff or related personnel and the allegation has been 34 UN General Assembly, Model status-of-forces-agreement for peacekeeping operations, report of the Secretary General,
established through an investigation). A/45/594, 9 October 1990, available at: https://undocs.org/a/45/594.
18 UN Website, Conduct in UN Field Missions: Glossary, available at: https://conduct.unmissions.org/glossary. 35 UN General Assembly, Memorandum of understanding between the United nations and the Government of […] contributing
resources to [United nations peacekeeping operation] in Manual on Policies and Procedures concerning the Reimbursement
and Control of Contingent-Owned Equipment of Troop/Police Contributors participating in Peacekeeping Missions, UN Doc.
19 UN, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International A/72/288, 4 August 2017, available at: https://operationalsupport.un.org/sites/default/files/contingent-owned_equipment_
Human Rights law and Serious Violations of International Humanitarian Law, 16 December 2005, available at: https://www. manual_2017.pdf, p. 174-240.
ohchr.org/EN/ProfessionalInterest/Pages/RemedyAndReparation.aspx, section V, para. 9.
36 This is sometimes referred to as a form of immunity. This report seeks to use the term “immunity” in its narrow sense,
20 UN, Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 29 November 1985, available eg, as it applies to UN civilian staff.
at: https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.29_declaration%20victims%20crime%20
and%20abuse%20of%20power.pdf. 37 UNGA, Report of the Secretary-General on Special measures for protection from sexual exploitation and sexual abuse, 16
February 2016, available at: https://undocs.org/A/70/729, para. 53.
21 REDRESS, Sexual Exploitation and Abuse in Peacekeeping Operations, September 2017, available at: https://redress.org/
wp-content/uploads/2017/08/REDRESS-peacekeeping-report-English.pdf, pp. 8-9. 38 UNGA, Report of the Special Committee, A/61/19, 2007, available at: http://www.operationspaix.net/DATA/
DOCUMENT/729~v~Report_of_the_Special_Committee_on_Peacekeeping_Operations_and_its_Working_Group.pdf,
22 REDRESS, Sexual Exploitation and Abuse in Peacekeeping Operations, September 2017, available at: https://redress.org/ article 7, quarter, para. 3(a).
wp-content/uploads/2017/08/REDRESS-peacekeeping-report-English.pdf, p. 9, see pp. 16-17 for further discussion.
39 UNGA, Report of the Special Committee, A/61/19, 2007, available at: http://www.operationspaix.net/DATA/
23 UN Website, Conduct in UN Field Missions: Glossary, available at: https://conduct.unmissions.org/glossary. DOCUMENT/729~v~Report_of_the_Special_Committee_on_Peacekeeping_Operations_and_its_Working_Group.pdf,
article 7, quarter, para. 2.
24 UN, Mandates and the Legal Basis for Peacekeeping, United Nations Peacekeeping, available at: https://peacekeeping.
un.org/en/mandates-and-legal-basis-peacekeeping. 40 UNGA, Report of the Special Committee, A/61/19, 2007, available at: http://www.operationspaix.net/DATA/
DOCUMENT/729~v~Report_of_the_Special_Committee_on_Peacekeeping_Operations_and_its_Working_Group.pdf,
25 United Nations Secretariat, Secretary-General’s Bulletin: Special measures for protection from sexual exploitation and abuse, article 7, sexiens, para. 1.
October 2003, available at: https://www.unhcr.org/uk/protection/operations/405ac6614/secretary-generals-bulletin-special-
measures-protection-sexual-exploitation.html, p. 1. 41 UNSC, Resolution 2272 (2016), S/RES/2272, available at: https://undocs.org/S/RES/2272(2016), para. 1.
26 Ray Murphy, United Nations Military Operations and International Humanitarian Law: What Rules Apply to Peacekeepers?, 42 UNGA, Report of the Special Committee, A/61/19, 2007, available at: http://www.operationspaix.net/DATA/
June 2003, Vol. 14, No. 2 Crim L Forum 153, p. 154. DOCUMENT/729~v~Report_of_the_Special_Committee_on_Peacekeeping_Operations_and_its_Working_Group.pdf,
article 7, sexiens para 1.
27 Katarina Grenfell, Perspective on the Applicability and Application of International Humanitarian Law: the UN Context,
2013, 95 International Review of the Red Cross, 645, available at: https://www.icrc.org/en/doc/assets/files/review/2013/ 43 UN Convention on the Privileges and Immunities of the United Nations (adopted 13 February 1946, entered into force
irrc-891-892-grenfell.pdf, p. 650 (arguing that engagement with State Forces or non-State armed groups could render UN 17 September 1946), available at: https://treaties.un.org/doc/Treaties/1946/12/19461214%2010-17%20PM/Ch_III_1p.pdf,
peacekeeping forces party to an armed conflict “(i) in the course of performing an ‘enforcement mandate’ authorised under article V, section 18(a).
Chapter VII of the Charter of the UN, or (ii) when using force in self-defence”).
44 Letter from United Nations Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, Miguel de
28 Ray Murphy, United Nations Military Operations and International Humanitarian Law: What Rules Apply to Peacekeepers?, Serpa Soares, to AIDS-Free World Co-Directors, Paula Donavan and Stephen Lewis, 7 July 2017, available at: https://static1.
June 2003, Vol. 14, No. 2 Crim L Forum 153, p. 154. squarespace.com/static/514a0127e4b04d7440e8045d/t/5bd8a25f575d1fa44bd3a544/1540923999315/Letter+to+Ms.+Paula+
Donovan+and+Mr.+Stephen+Lewis+-+7+July+2017.pdf.
29 Rosa Freedman, Unaccountable: A New Approach to Peacekeepers and Sexual Abuse, 2018, 29 EJIL 961, p. 982, available at:
http://centaur.reading.ac.uk/75656/11/chy039.pdf; Frédéric Mégret and Florian Hoffman, The UN as a human rights violator? 45 UN Convention on the Privileges and Immunities of the United Nations (adopted 13 February 1946, entered into force
Some reflections on the UN’s changing human rights responsibilities, 2003, Vol. 25, No. 2, Hum Rights Quarterly, p. 314; Haidi 17 September 1946), available at: https://treaties.un.org/doc/Treaties/1946/12/19461214%2010-17%20PM/Ch_III_1p.pdf,
Willmot and Scott Sheeran, The Protection of Civilians Mandate in UN Peacekeeping Operations: Reconciling Protection Concepts article VI, section 22.
and Practices, 2013, 98 International Review of the Red Cross, p. 517, available at: https://www.icrc.org/en/doc/assets/
files/review/2013/irrc-891-892-willmot-sheeran.pdf; UN Office of Legal Affairs (to the UN Department of Peacekeeping 46 UN Convention on the Privileges and Immunities of the United Nations (adopted 13 February 1946, entered into force
Operations), U.N. Correspondence on Peacekeeping in the Democratic Republic of Congo, NY Times, available at: https://www. 17 September 1946), available at: https://treaties.un.org/doc/Treaties/1946/12/19461214%2010-17%20PM/Ch_III_1p.pdf,
nytimes.com/interactive/projects/documents/united-nations-correspondence-on-peacekeeping-in-the-democratic-republic- article V, section 19.
of-the-congo. This document advises MONUC troops not to join the Congolese army in any operations in which there is a
risk of violations of IHL, IHRL or refugee law. 47 UN Convention on the Privileges and Immunities of the United Nations (adopted 13 February 1946, entered into force
17 September 1946), available at: https://treaties.un.org/doc/Treaties/1946/12/19461214%2010-17%20PM/Ch_III_1p.pdf,
30 Marco Odello, Tackling Criminal Acts in Peacekeeping Operations: The Accountability of Peacekeepers, 2010 Vol. 15, No. 2, J article VI, section 23.
Confl & Sec L 347, p. 358.
48 UN, Report of the Secretary-General’s Special Advisor, Prince Zeid Ra’ad Zeid Al-Hussein, on a comprehensive strategy to
31 Charter of the United Nations (adopted 26 June 1945, entered into force 24 October 1945), 1 UNTS XVI, articles 104 eliminate future sexual exploitation and abuse in United Nations peacekeeping operations, A/59/710, 24 March 2005, available at:
and 105. https://www.un.org/en/ga/search/view_doc.asp?symbol=A/59/710.
32 UN Convention on the Privileges and Immunities of the United Nations (adopted 13 February 1946, entered into force 49 UN, Ensuring the accountability of United Nations staff and experts on mission with respect to criminal acts committed in
17 September 1946), available at: https://treaties.un.org/doc/Treaties/1946/12/19461214%2010-17%20PM Ch_III_1p.pdf. peacekeeping operations, A/60/980, 16 August 2006, available at: https://digitallibrary.un.org/record/584510/files/A_60_980-
EN.pdf.
50 The UN continues to consider the criminal accountability of UN officials and experts on mission through the Sixth 69 Uruguayan peacekeepers in Haiti accused of abuse, BBC News, 5 September 2011, available at: https://www.bbc.com/news/
Committee.See, eg, UN document A/74/422, 21 November 2019. world-latin-america-14783538.
70 Malena Castaldi, Uruguay apologizes over alleged rape by U.N. peacekeepers, Reuters, 7 September 2011, available
51 UN Website, Conduct in UN Field Missions, available at: https://conduct.unmissions.org/sites/default/files/infographic_ at: https://www.reuters.com/article/us-haiti-uruguay-un/uruguay-apologizes-over-alleged-rape-by-u-n-peacekeepers-
v10-revisedoct2017-v2_0.pdf. idUSTRE78603I20110907.
52 UN General Assembly, Special Measures for protection from sexual exploitation and abuse, Report of the Secretary-General 71 Uruguay recalls troops over Haiti “sex abuse”, Al Jazeera, 5 September 2011, available at: https://www.aljazeera.com/news/
(14 February 2019), A/73/744, available at: https://reliefweb.int/sites/reliefweb.int/files/resources/A_73_744_E.pdf, para. 5. americas/2011/09/20119542855682385.html.
53 Human Rights Watch, “The Power These Men Have Over Us”: Sexual Exploitation and Abuse by African Union Forces in 72 SOFA Agreements grant exclusive criminal jurisdiction over military contingents to the sending state. See Róisín Burke,
Somalia, 2014, available at: https://www.hrw.org/sites/default/files/report_pdf/somalia0914_4up.pdf. Status of Forces Deployed on UN Peacekeeping Operations: Jurisdictional Immunity, 2011. 16 Journal of Conflict & Security
Law pp. 63–104.
54 UN General Assembly, Special Measures for protection from sexual exploitation and abuse, Report of the Secretary-General,
14 February 2019, A/73/744, available at: https://reliefweb.int/sites/reliefweb.int/files/resources/A_73_744_E.pdf, para. 54. 73 Interview with Dr. Alvaro Da Silva; Vladimir Hernández, Scandal in Uruguay for an alleged rape of soldiers by a Haitian,
BBC News, 4 September 2011, available at: https://www.bbc.com/mundo/noticias/2011/09/110904_uruguay_haiti_abusos_
55 UN, Security Council Resolution 2272, S/RES/2272,11 March 2016, available at: https://www.securitycouncilreport.org/ soldados_vh.
atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/s_res_2272.pdf.
74 Uruguay recalls troops over Haiti “sex abuse”, Al Jazeera, 5 September 2011, available at: https://www.aljazeera.com/news/
56 United Nations Peacekeeping, MINUSTAH Fact Sheet, available at: https://peacekeeping.un.org/en/mission/minustah. americas/2011/09/20119542855682385.html.
57 Uluslararasi İlişkiler Konseyi, MINUSTAH Facts and Figures, available at: https://www.uik.org.tr/tubakov/dataset/ 75 Uruguay recalls troops over Haiti “sex abuse”, Al Jazeera, 5 September 2011, available at: https://www.aljazeera.com/news/
belgeler/Fact-Sheets/MINUSTAH.pdf. americas/2011/09/20119542855682385.html.
58 Jorge Heine and Andrew S. Thompson, Fixing Haiti: MINUSTAH and Beyond (United Nations University Press, 1st edn, 76 Vladimir Hernández, Scandal in Uruguay for an alleged rape of soldiers by a Haitian, BBC News, 4 September 2011,
2011), p. 247, available at: https://collections.unu.edu/eserv/UNU:2516/ebrary9789280811971.pdf. available at : https://www.bbc.com/mundo/noticias/2011/09/110904_uruguay_haiti_abusos_soldados_vh.
59 Kathie Klarreich, Will the United Nations’ legacy in Haiti be all about scandal?, The Christian Science Monitor, 13 June 77 Johny Jean Ratificó Ante el Juez Denuncia de Violación Contra Cinco Marinos Uruguayos en Haití, Puglise Law Firm, 11
2012, available at: https://www.csmonitor.com/World/Americas/2012/0613/Will-the-United-Nations-legacy-in-Haiti-be-all- May 2012, available at: http://pugliselawfirm.com/johny-jean-ratifico-ante-el-juez-denuncia-de-violacion-contra-cinco-
about-scandal. marinos-uruguayos-en-haiti/.
60 Jonathan M. Katz, U.N. Admits Role in Cholera Epidemic in Haiti, The New York Times, 17 August 2016, available at: 78 Johny Jean Ratificó Ante el Juez Denuncia de Violación Contra Cinco Marinos Uruguayos en Haití, Puglise Law Firm, 11
https://www.nytimes.com/2016/08/18/world/americas/united-nations-haiti-cholera.html. May 2012, available at: hhttp://pugliselawfirm.com/johny-jean-ratifico-ante-el-juez-denuncia-de-violacion-contra-cinco-
marinos-uruguayos-en-haiti/.
61 OIOS, Evaluation of the Enforcement and Remedial Assistance Efforts for Sexual Exploitation and Abuse by the United Nations
and Related Personnel in Peacekeeping Operations, 15 May 2015, available at: https://oios.un.org/inspection-evaluation- 79 Uncertainty in Uruguay over Haiti abuse case, Al Jazeera, 10 January 2012, available at: https://www.aljazeera.com/news/
reports?page=6. americas/2012/01/20121104537513263.html.
62 Expert Mission to Evaluate Risks to SEA Prevention Efforts in MINUSTAH, UNMIL, MONUSCO, AND UMISS, Final 80 Haïti-Minustah/viol: Johnny Jean a témoigné et identifié ses agresseurs devant une cour à Montevidéo, AlterPresse, 11 May
Report, 3 November 2013, available at: 2012, available at: http://www.alterpresse.org/spip.php?article12839 - .W73YtntKiig (translated from French to English).
http://static1.squarespace.com/static/514a0127e4b04d7440e8045d/t/55afcfa1e4b07b89d11d35ae/1437585313823/2013+Expe
rt+Team+Report+FINAL.pdf. 81 Edwin Marger is an attorney in Georgia, U.S. and Mike Pugliese has an office in Red Bank, New Jersey. Nicolás Celaya,
El Debido Proceso, LaDiaria, 11 May 2012, available at: https://ladiaria.com.uy/articulo/2012/5/el-debido-proceso/; see also
63 Kim Davies, Haiti: Uruguay Will Withdraw from MINUSTAH, President Says Beginning of End of UN Occupation of Haiti?, Johny Jean Ratificó Ante el Juez Denuncia de Violación Contra Cinco Marinos Uruguayos en Haití, Puglise Law Firm, 11
Global Research: Centre for Research on Globalization, 30 October 2013, available at: http://www.globalresearch.ca/haiti- May 2012, available at: http://pugliselawfirm.com/johny-jean-ratifico-ante-el-juez-denuncia-de-violacion-contra-cinco-
uruguay-will-withdraw-from-minustah-president-says-beginning-of-end-of-un-occupation-of-haiti/5356424. Note that as marinos-uruguayos-en-haiti/.
this assault occurred prior to 2015 it will not appear in the UN’s online database of sexual exploitation and assault statistics.
82 Nicolás Celaya, El Debido Proceso, LaDiaria, 11 May 2012, available at: https://ladiaria.com.uy/articulo/2012/5/el-
64 The person who recorded the abuse, lent his mobile phone to another young man to copy music. The young man found debido-proceso/.
the video, and after recognizing Johnny Jean, decided to leak the video. Nicolás Celaya, Voces Ocultas, LaDiaria, 3 January
2012, available at: https://ladiaria.com.uy/articulo/2012/1/voces-ocultas/. 83 Nicolás Celaya, El Debido Proceso, LaDiaria, 11 May 2012, available at: https://ladiaria.com.uy/articulo/2012/5/el-debido-
proceso/.
65 Uruguay apologises for alleged rape by its soldiers, BBC News, 7 September 2011, available at : https://www.bbc.com/news/
world-latin-america-14817191. 84 Haïti-Minustah/viol : Johnny Jean a témoigné et identifié ses agresseurs devant une cour à Montevidéo, AlterPresse, 11 May
2012, available at: http://www.alterpresse.org/spip.php?article12839-.W73YtntKiig.
66 Malena Castaldi, Uruguay apologizes over alleged rape by U.N. peacekeepers, Reuters, 7 September 2011, available at:
https://www.reuters.com/article/us-haiti-uruguay-un/uruguay-apologizes-over-alleged-rape-by-u-n-peacekeepers- 85 Haïti-Minustah/Viol : 4 des 5 agresseurs de Johny Jean condamnés pour violence privée, AlterPresse, 14 March 2013,
idUSTRE78603I20110907. available at : www.alterpresse.org/spip.php?article14246#.W73ZFXtKiih (translated from French to English).
67 Malena Castaldi, Uruguay apologizes over alleged rape by U.N. peacekeepers, Reuters, 7 September 2011, available at: 86 Center for Economic and Policy Research, Reduced Charges Against Uruguayan MINUSTAH Troops Latest Example of
https://www.reuters.com/article/us-haiti-uruguay-un/uruguay-apologizes-over-alleged-rape-by-u-n-peacekeepers- Lack of UN Accountability, 4 September 2012, available at: http://cepr.net/blogs/haiti-relief-and-reconstruction-
idUSTRE78603I20110907. watch/reduced-charges-against-uruguayan-minustah-troops-latest-example-of-lack-of-un-accountability.
68 Haiti anger over alleged Uruguay UN rape, BBC News, 6 September 2011, available at: https://www.bbc.com/news/world-
latin-america-14796970.
87 Interview with Dr. Alvaro Da Silva. 108 Sandra Laville, UN aid worker suspended for leaking report on child abuse by French troops, 29 April 2015, available at:
https://www.theguardian.com/world/2015/apr/29/un-aid-worker-suspended-leaking-report-child-abuse-french-troops-car.
109 Chine Labbe and Marine Pennetier, France Investigates Allegations of Child Abuse by its Troops in Central Africa, Reuters,
88 Interview with Dr. Alvaro Da Silva. See also Haití/Uruguay. – Ordenan Procesar a los Cuatro ‘Cascos Azules’
29 April 2015, available at: https://www.reuters.com/article/us-france-centralafrica-abuse/france-investigates-allegation-of-
Uruguayos Acusados de Abusar de un Joven Haitiano, Europa Press, 25 September 2013, available at: child-abuse-by-its-troops-in-central-africa-idUSKBN0NK20020150429.
https://www.europapress.es/internacional/noticia-haiti-uruguay-ordenan-procesar-cuatro-cascos-azules-
uruguayos-acusados-abusar-joven-haitiano-20120925011213.html (noting that the crime of “private violence” is 110 Interview with Eléonore Chiossone, Child Protection Technical Advisor, ECPAT France.
recognized under article 288 of the Uruguayan Penal Code).
111 French Judges to Investigate CAR ‘Sex for Food’ Scandal, France24, 5 July 2015, available at: https://www.france24.com/
89 Interview with Dr. Alvaro Da Silva. en/20150507-france-launches-probe-alleged-sex-crimes-car-rape-children.; interview with Eléonore Chiossone, Child
Protection Technical Advisor, ECPAT France.
90 Haití/Uruguay. – Ordenan Procesar a los Cuatro ‘Cascos Azules’ Uruguayos Acusados de Abusar de un Joven
112 Interview on file.
Haitiano, Europa Press, 25 September 2013, available at: https://www.europapress.es/internacional/noticia-haiti-uruguay-
ordenan-procesar-cuatro-cascos-azules-uruguayos-acusados-abusar-joven-haitiano-20120925011213.html.
113 Le Monde with AFP, Violences sexuelles en Centrafrique : Bangui déplore le non-lieu de la justice française, 22 January
2018, available at: https://www.lemonde.fr/afrique/article/2018/01/22/abus-sexuels-bangui-deplore-le-non-lieu-de-la-justice-
91 Interview with Dr. Alvaro Da Silva.
francaise_5245205_3212.html.
92 Condenan a Marinos Uruguayos Por “Violencia Privada” Contra Haitiano, Emol, 15 September 2013, available at: 114 Violences sexuelles en Centrafrique : Bangui déplore le non-lieu de la justice française, Le Monde, 22 January 2018,
https://www.emol.com/noticias/internacional/2013/09/14/619852/condenan-a-marinos-uruguayos-por-violencia-privada- available at: https://www.lemonde.fr/afrique/article/2018/01/22/abus-sexuels-bangui-deplore-le-non-lieu-de-la-justice-
contra-haitiano.html; see also Rechazan Fallor de Tribunal Uruguayo en Caso de Haitiano que Denunció Violación, francaise_5245205_3212.html.
CDN, 18 September 2013, available at: https://www.cdn.com.do/2013/09/18/rechazan-fallo-de-tribunal-uruguayo-en-caso-
de-haitiano-que-denuncio-violacion/. 115 Benoît Morenne, No Charges in Sexual Abuse Case Involving French Peacekeepers, NY Times, 6 January 2017, available at:
https://www.nytimes.com/2017/01/06/world/africa/french-peacekeepers-un-sexual-abuse-case-central-african-republic.html.
117 Interview with Eléonore Chiossone, Child Protection Technical Advisor, ECPAT France.
120 Interview with Maxine Marcus, Transitional Justice Clinic Director, international crimes prosecutor and investigator.
124 Quatre militaires français entendus sur des accusations de viols en Centrafrique, Franceinfo, 8 December 2015, available
102 Interview with Dr. Alvaro Da Silva. at: http://www.alterpresse.org/spip.php?article12839 - .W73YtntKiig.
103 France says Central African Republic is on verge of genocide, Reuters, 21 November 2013, available at: http://www.reuters. 125 Interview on file.
com/article/us-centralafrica-france-idUSBRE9AK0ZI20131121.
104 Sandra Laville, UN Aid Worker Suspended for Leaking Report on Child Abuse by French Troops, The Guardian, 29 Apr.
2015, available at: https://www.theguardian.com/world/2015/apr/29/un-aid-worker-suspended-leaking-report-child-abuse- 127 Angelique Chrisafis and Sandra Laville, No Charges Sought Over Abuse Claims Against French Troops in CAR, The
french-troops-car. Guardian, 5 January 2017, available at: https://www.theguardian.com/world/2017/jan/05/no-charges-sought-over-abuse-
claims-against-french-troops-in-car.
105 Marie Deschamps, Hassan B. Jallow, and Yasmin Sooka, supported by James Arguin, Maxine Marcus, Virginie Monchy
and Emma Phillips, Taking Action on Sexual Exploitation and Abuse by Peacekeepers: Report of an Independent Review 128 Gerard Bon & John Irish, French Prosecutors Want Central Africa Child Abuse Case Dismissed: Source, Reuters, 22 March
on Sexual Exploitation and Abuse by International Peacekeeping Forces in the Central African Republic, 17 Dec. 2015, p. 1, 2017, available at: https://www.reuters.com/article/us-centralafrica-france-crime/french-prosecutors-want-central-africa-
available at: https://www.refworld.org/docid/568d16eb4.html. child-abuse-case-dismissed-source-idUSKBN16T0ZB.
106 UN Whistleblower resigns over French peacekeeper ‘child abuse’, BBC News, 8 June 2015, available at: https://www.bbc.co.uk/ 129 Simon Carraud et al, Magistrates Dismiss Sex Abuse Case Against French Soldiers in Africa, Reuters, 15 January 2018,
news/world-africa-36481372; Nick Cumming-Bruce, U.N. Official Says French Learned Early of Abuse, New York Times , 14 available at: https://www.reuters.com/article/us-france-centralafrica-justice/magistrates-dismiss-sex-abuse-case-against-
October 2015, available at: https://www.nytimes.com/2015/10/15/world/africa/un-official-says-french-learned-early-of-abuse.html. french-soldiers-in-africa-idUSKBN1F4245; Violences Sexuelles en Centrafrique: Bangui Déplore le non-lieu de la Justice
Française, Le Monde, 22 January 2018, available at: https://www.lemonde.fr/afrique/article/2018/01/22/abus-sexuels-bangui-
107 Nick Cumming-Bruce, U.N. Official Says French Learned Early of Abuse, New York Times, 14 October 2015 at: https:// deplore-le-non-lieu-de-la-justice-francaise_5245205_3212.html.
www.nytimes.com/2015/10/15/world/africa/un-official-says-french-learned-early-of-abuse.html; The role of Gallianne
Palayret was also mentioned in an interview on file. 130 Interview on file.
131 Interview with Homayra Sellier, Innocence en danger, partie civile in Sangaris case; Interview on file. 148 Interview with Eléonore Chiossone, Child Protection Technical Advisor, ECPAT France.
132 Interview on file. 149 Interview on file.
133 Marie Deschamps, Hassan B. Jallow, and Yasmin Sooka, supported by James Arguin, Maxine Marcus, Virginie Monchy 150 Interview with Maxine Marcus, Transitional Justice Clinic Director, international crimes prosecutor and investigator.
and Emma Phillips, Taking Action on Sexual Exploitation and Abuse by Peacekeepers: Report of an Independent Review on
Sexual Exploitation and Abuse by International Peacekeeping Forces in the Central African Republic, 17 December 2015, 151 Interview on file.
available at: https://www.refworld.org/docid/568d16eb4.html, p. i.
152 Secretary-General Appoints Jane Holl Lute of United States as Special Coordinator on Improving United Nations Response
134 Marie Deschamps, Hassan B. Jallow, and Yasmin Sooka, supported by James Arguin, Maxine Marcus, Virginie Monchy to Sexual Exploitation and Abuse, SG/A/1634-BIO/4812, 8 February 2016, available at: https://www.un.org/press/en/2016/
and Emma Phillips, Taking Action on Sexual Exploitation and Abuse by Peacekeepers: Report of an Independent Review on sga1634.doc.htm.
Sexual Exploitation and Abuse by International Peacekeeping Forces in the Central African Republic, 17 December 2015,
available at: https://www.refworld.org/docid/568d16eb4.html, p. i. 153 UN Secretary-General, Secretary-General-designate António Guterres’ remarks to the General Assembly on taking the
oath of office, 12 December 2016, available at: https://www.un.org/sg/en/content/sg/speeches/2016-12-12/secretary-general-
135 Government Accountability Project, Anders Kompass Cleared: UN official who reported child sexual abuse by designate-ant%C3%B3nio-guterres-oath-office-speech.
peacekeepers speaks out, 19 January 2016, available at: https://www.whistleblower.org/uncategorized/anders-kompass-
cleared-un-official-who-reported-child-sexual-abuse-by-peacekeepers-speaks-out-5/. 154 UN Secretary-General, Ms. Jane Connors of Australia-Victims’ Rights Advocate, 23 August 2017, available at: https://
www.un.org/sg/en/content/sg/personnel-appointments/2017-08-23/ms-jane-connors-australia-victims%E2%80%99-rights-
136 UN Whistleblower who exposed sexual abuse by peacekeepers is exonerated, The Guardian, 18 January 2016, available advocate.
at: https://www.theguardian.com/world/2016/jan/18/un-whistleblower-who-exposed-sexual-abuse-by-peacekeepers-is-
exonerated?CMP=share_btn_link. 155 Code Blue, The UN’S Victims’ Rights Advocate: A Hindrance to Justice, 28 June 2018, available at: http://www.
codebluecampaign.com/analysis/2018/6/28/vra.
137 UN Whistleblower who exposed sexual abuse by peacekeepers is exonerated, The Guardian, 18 January 2016, available
at: https://www.theguardian.com/world/2016/jan/18/un-whistleblower-who-exposed-sexual-abuse-by-peacekeepers-is- 156 Interview with Maxine Marcus, Transitional Justice Clinic Director, international crimes prosecutor and investigator.
exonerated?CMP=share_btn_link.
157 Interview with Homayra Sellier, Innocence en danger, partie civile in Sangaris case; Interview on file.; Interview with
138 Inna Lazareva, Broken promises for the children of Bangui abused by peacekeepers, The Guardian, 28 March 2017, Maxine Marcus, Transitional Justice Clinic Director, international crimes prosecutor and investigator.
available at: https://www.theguardian.com/global-development/2017/mar/28/broken-promises-children-bangui-reports-
peacekeepers-abuse-central-african-republic; Interview with Eléonore Chiossone, Child Protection Technical Advisor, 158 Interview with Maxine Marcus, Transitional Justice Clinic Director, international crimes prosecutor and investigator.
ECPAT France.
159 Haiti: Over 100 Sri Lankan blue helmets repatriated on disciplinary grounds, UN News, 2 November 2007, available at:
139 Interview with Homayra Sellier, Innocence en danger, partie civile in Sangaris case; Interview on file. https://news.un.org/en/story/2007/11/238162-haiti-over-100-sri-lankan-blue-helmets-repatriated-disciplinary-grounds-un.
140 Unicef admits failings with child victims of alleged sex abuse by peacekeepers, The Guardian, 13 February 2018, available 160 Leaked OIOS report, Investigation report on alleged sexual exploitation and abuse of children at MINUSTAH, 19
at: https://www.theguardian.com/global-development/2018/feb/13/unicef-admits-failings-with-child-victims-of-alleged-sex-
abuse-by-peacekeepers. November 2007, seen by REDRESS.
141 Unicef admits failings with child victims of alleged sex abuse by peacekeepers, The Guardian, 13 February 2018, available 161 Haiti: une centaine de soldats sri lankais rappelés pour abus sexuels, ONU Info, 2 November 2007, available at: https://
at: https://www.theguardian.com/global-development/2018/feb/13/unicef-admits-failings-with-child-victims-of-alleged-sex- news.un.org/fr/story/2007/11/119382-haiti-une-centaine-de-soldats-sri-lankais-rappeles-pour-abus-sexuels. English version
abuse-by-peacekeepers. available at: https://www.un.org/press/en/2007/sgsm11254.doc.htm.
142 Interview with Eléonore Chiossone, Child Protection Technical Advisor, ECPAT France. 162 Leaked OIOS report, Investigation report on alleged sexual exploitation and abuse of children at MINUSTAH, 19
November 2007, seen by REDRESS.
143 See for instance Inna Lazareva, Broken promises for the children of Bangui abused by peacekeepers, The Guardian, 28
March 2017, available at: https://www.theguardian.com/global-development/2017/mar/28/broken-promises-children- 163 Leaked OIOS report, Investigation report on alleged sexual exploitation and abuse of children at MINUSTAH, 19
bangui-reports-peacekeepers-abuse-central-african-republic; Benoît Morenne, No Charges in Sexual Abuse Case Involving November 2007, seen by REDRESS.
French Peacekeepers, NY Times, 6 January 2017, available at: https://www.nytimes.com/2017/01/06/world/africa/french-
peacekeepers-un-sexual-abuse-case-central-african-republic.html. 164 Haiti: Over 100 Sri Lankan blue helmets repatriated on disciplinary grounds, UN News, 2 November 2007, available at:
https://news.un.org/en/story/2007/11/238162-haiti-over-100-sri-lankan-blue-helmets-repatriated-disciplinary-grounds-un.
144 See for instance En Centrafrique, les accusations de viols d’enfants se multiplient contre les soldats étrangers, Le Monde,
6 January 2016, available at: https://www.lemonde.fr/international/article/2016/01/07/en-centrafrique-les-accusations- 165 Sri Lankan Government, Written Additional Information submitted by the Government of Sri Lanka on the 5th Periodic
de-viols-d-enfants-se-multiplient-contre-les-soldats-etrangers_4843321_3210.html; Centrafrique: la justice écarte des Report to the UN Committee Against Torture, 2015, available at: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/
accusations contre les soldats de “Sangaris”, Le Monde, 5 January 2017, available at: https://www.lemonde.fr/international/ SessionDetails1.aspx?SessionID=1085&Lang=en.
article/2017/01/05/centrafrique-la-justice-ecarte-des-accusations-contre-les-soldats-de-sangaris_5058096_3210.html.
166 United Nations Committee Against Torture, Consideration of reports submitted by states parties under article 19 of the
145 Interview with Homayra Sellier, Innocence en danger, partie civile in Sangaris case; Interview on file. Convention: Fifth Periodic report by state parties due in 2012 (Sri Lanka), 11 December 2015, available at: http://www.itjpsl.
com/assets/G1528269.pdf.
146 Centrafrique: viols et abus sexuels par les Casques Bleus et les Sangaris: Oubliés?, CNC,
15 November 2017, available at : https://corbeaunews-centrafrique.com/17637-2/. 167 International Truth and Justice Project, Sri Lanka’s UN peacekeepers let the punishment fit the crime, 13 November
2017, available at: http://www.itjpsl.com/assets/press/haiti-FINAL.pdf.
147 Violences sexuelles en Centrafrique: Bangui déplore le non-lieu de la justice française, Le Monde, 22 January 2018,
available at : https://www.lemonde.fr/afrique/article/2018/01/22/abus-sexuels-bangui-deplore-le-non-lieu-de-la-justice- 168 High Commissioner thrashes Canadian Tamil MP’s distorted account on Sri Lanka, Colombo Page, 13 November 2017,
francaise_5245205_3212.html. http://www.colombopage.com/archive_17B/Nov13_1510551629CH.php.
169 International Truth and Justice Project, Sri Lanka’s UN peacekeepers let the punishment fit the crime, available at: http:// 189 UN Security Council, Resolution 2149 (Central African Republic) S/RES/2149, 10 April 2014, available at: http://www.
www.itjpsl.com/assets/press/haiti-FINAL.pdf. globalr2p.org/media/files/unsc-resolution-2149.pdf.
170 International Truth and Justice Project, Sri Lanka’s UN peacekeepers let the punishment fit the crime, available at: http:// 190 MINUSCA, About the MINUSCA, available at: https://minusca.unmissions.org/en/about.
www.itjpsl.com/assets/press/haiti-FINAL.pdf. p. 8
191 UN Peacekeeping, MINUSCA fact sheet, available at: https://peacekeeping.un.org/en/mission/minusca.
171 International Truth and Justice Project, Sri Lanka’s UN peacekeepers let the punishment fit the crime, available at: http://
www.itjpsl.com/assets/press/haiti-FINAL.pdf. p.8 192 UN Conduct and Discipline Unit, Sexual Exploitation and Abuse Table of Allegations, available at: https://conduct.
unmissions.org/sea-overview.
170 International Truth and Justice Project, Sri Lanka’s UN peacekeepers let the punishment fit the crime, available at: http://
www.itjpsl.com/assets/press/haiti-FINAL.pdf; Katy Daigle and Paisley Dodds, UN Peacekeepers: How a Haiti child sex ring 193 RFI, RCA: l’ONU retire les casques bleus de la RDC opérant en Centrafrique, 09 January 2016, available at: http://www.rfi.
was whitewashed, AP News, 26 May 2017, available at: https://www.apnews.com/96f9ff66b7b34d9f971edf0e92e2082c. fr/afrique/2min/20160109-rca-centrafrique-rdc-minusca-retrait-viols.
173 High Commissioner thrashes Canadian Tamil MP’s distorted account on Sri Lanka, Colombo Page, 13 November 2017, 194 RFI, RCA: l’ONU retire les casques bleus de la RDC opérant en Centrafrique, 09 January 2016, available at: http://www.
available at: http://www.colombopage.com/archive_17B/Nov13_1510551629CH.php. rfi.fr/afrique/2min/20160109-rca-centrafrique-rdc-minusca-retrait-viols; VOA Afrique, RCA : nouvelles accusations d’abus
sexuels visant des Casques bleus de la RDC, 16 February 2016, available at: https://www.voaafrique.com/a/rca-nouvelles-
174 RTIC Appeal 70/2018, Right to Information Commission of Sri Lanka, 2018, available at: http://www.rticommission.lk/ accusations-d-abus-sexuels-visant-des-casques-bleux-de-la-rdc/3193556.html.
web/images/pdf/rticappeal-70-2018/rtic-70-2018-en-25082018-2.pdf, pp. 3-4.
195 Al-Jazeera, UN Peacekeepers go on trial for CAR sex abuse, 5 April 2016, available at: https://www.aljazeera.com/
175 RTIC Appeal 70/2018, Right to Information Commission of Sri Lanka, 2018, available at: http://www.rticommission.lk/ news/2016/04/peacekeepers-trial-sex-abuse-car-160405040318812.html.
196 Capital News, First UN soldiers on trial in C. Africa sex abuse scandal, 05 April 2019, available at: https://www.capitalfm.
176 RTIC Appeal 70/2018, Right to Information Commission of Sri Lanka, 2018, available at: http://www.rticommission.lk/ co.ke/news/2016/04/first-un-soldiers-trial-c-africa-sex-abuse-scandal/.
197 Interview with Maitre Beaupaul Mupemba, ACAJ.
177 RTIC Appeal 70/2018, Right to Information Commission of Sri Lanka, 2018, available at: http://www.rticommission.lk/
web/images/pdf/rticappeal-70-2018/rtic-70-2018-en-25082018-2.pdf, p. 6. 198 Radio Okapi, Casques bleus accusés de viol: le tribunal militaire a suspendu les audiences, 05 May 2016, available at :
https://www.radiookapi.net/2016/05/05/actualite/justice/casques-bleus-accuses-de-viol-le-tribunal-militaire-suspendu-les.
web/images/pdf/rticappeal-70-2018/rtic-70-2018-en-25082018-2.pdf, p. 6. 199 Interview with Ramita Navai; email from Eugène Bakama.
179 RTIC Appeal 70/2018, Right to Information Commission of Sri Lanka, 2018, available at: http://www.rticommission.lk/ 200 A “commission rogatoire” is the procedure by which an investigative judge (juge d’instruction) delegates his powers of
web/images/pdf/rticappeal-70-2018/rtic-70-2018-en-25082018-2.pdf, p. 10. investigation to another judge or a judicial police officer. This procedure can be used to delegate powers of investigation to
judges from another State.
web/images/pdf/rticappeal-70-2018/rtic-70-2018-en-25082018-2.pdf, p. 13. 201 Email from Eugene Bakama.
181 Interview on file 202 Interview on file.
182 It would appear that in a separate case, Sri Lanka agreed to make an ex-gratia onetime payment for a paternity claim. 203 OHCHR/MONUSCO, Accountability for Human Rights Violations and Abuses in the DRC: Achievements, Challenges and
The victim said she was sexually exploited by a Sri Lankan commander in December 2006 and as a result became pregnant. Way forward (1 January 2014 - 31 March 2016), 30 October 2016, available at: https://www.ohchr.org/Documents/Countries/
The UN is reported to have commended Sri Lanka for making the payment. Paisley Dodds, AP Exclusive: UN child sex ring CD/UNJHROAccountabiliteReport2016_en.pdf.
left victims but no arrests, AP News, 12 April 2017, available at: https://apnews.com/e6ebc331460345c5abd4f57d77f535c1; see
also UN commends SL’s decision to pay victims raped by peacekeepers, Daily Mirror, 14 May 2016, available at: http://www. 204 Interview with Maitre Beaupaul Mupemba, ACAJ.
dailymirror.lk/109481/-UN-commends-SL-s-decision-to-pay-victims-raped-by-peacekeepers?platform=hootsuite.
205 CIA, The World Factbook: Democratic Republic of the Congo, available at:https://www.cia.gov/library/publications/the-
183 Katy Daigle and Paisley Dodds, UN Peacekeepers: How a Haiti child sex ring was whitewashed, AP News, 26 May 2017, world-factbook/geos/cg.html .
available at: https://www.apnews.com/96f9ff66b7b34d9f971edf0e92e2082c.
206 BCNUDH, Notes sur les principales tendances des violations des droits de l’homme, available at: http://cd.one.un.org/
184 Interview on file. content/unct/rdc/fr/home/a-propos/bcnudh.html.
185 Interview on file. 207 Stimson Centre, Reducing Sexual Exploitation and Abuse in UN Peacekeeping, February 2005, available at: https://www.
stimson.org/sites/default/files/file-attachments/Policy-Brief-Sexual-Abuse-Feb-2015-WEB_0.pdf, p. 15; interview with
186 Katy Daigle and Paisley Dodds, UN Peacekeepers: How a Haiti child sex ring was whitewashed, AP News, 26 May 2017, Sienna Merope-Synge and Beatrice Lindstrom, IJDH.
available at: https://www.apnews.com/96f9ff66b7b34d9f971edf0e92e2082c.
208 Frank Muller and Andrea Steinke, Criminalising encounters: MINUSTAH as a laboratory for armed humanitarian
187 Office of the United Nations High Commissioner for Human Rights, Report of the OHCHR Investigation on Sri Lanka, pacification, (2018), Global Crime 19:3-4, pp. 228-249, available at: https://www.tandfonline.com/doi/full/10.1080/17440572
September 2015, A/HRC/30/CRP, available at: https://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session30/ .2018.1498336
Documents/A.HRC.30.CRP.2_E.docx.
209 Sabine Lee and Susan Bartels, ‘They put a few coins in your hands to drop a baby in you’ – 265 stories of Haitian
188 International Truth and Justice Project, Sri Lanka’s UN peacekeepers let the punishment fit the crime, 13 November 2017, children abandoned by UN fathers’, The Conversation, 17 December 2019, available at: https://theconversation.com/they-
available at: http://www.itjpsl.com/assets/press/haiti-FINAL.pdf; Sri Lanka Campaign for Peace and Justice, Perpetrators put-a-few-coins-in-your-hands-to-drop-a-baby-in-you-265-stories-of-haitian-children-abandoned-by-un-fathers-114854.
cannot be protectors, 1 May 2018, available at: https://www.srilankacampaign.org/perpetrators-cannot-be-protectors/.
210 Interview with Sienna Merope-Synge and Beatrice Lindstrom, IJDH.
211 Interview with Sienna Merope-Synge and Beatrice Lindstrom, IJDH. 238 Interview with Arsène Dieujuste.
212 Interview with Sienna Merope-Synge and Beatrice Lindstrom, IJDH. 239 Interview with Arsène Dieujuste. The magistrate issued its order on 17 August 2012.
213 Haitian women press for recognition from UN peacekeeper fathers, Reuters, 1 June 2017, available at: https://www.reuters. 240 Interview with Arsène Dieujuste.
com/article/us-haiti-un-feature-idUSKBN18S4LO.
214 Haitian women press for recognition from UN peacekeeper fathers, Reuters, 1 June 2017, available at: https://www.reuters. 241 OIOS Evaluation Report, pp. 17-18; see also Agreement Between the United Nations and the Government of Haiti
com/article/us-haiti-un-feature-idUSKBN18S4LO. Concerning the Status of the United Nations Operation in Haiti, Section VI, para. 28 (“Civil police and civilian personnel .
. . shall be considered to be experts on mission within the meaning of article VI of the Convention”) (hereinafter “SOFA”);
215 Karen McVeigh, Haitian mums seek support from UN troops for ‘peacekeeper babies’, The Guardian, 15 December 2017, see further UN Convention on the Privileges and Immunities of the United Nations (adopted 13 February 1946, entered into
available at: https://www.theguardian.com/global-development/2017/dec/15/peacekeeper-babies-mums-haiti-support-un-troops. force 17 September 1946), available at: https://treaties.un.org/doc/Treaties/1946/12/19461214%2010-17%20PM/Ch_III_1p.
pdf, article VI, section 22 (“Experts ... performing missions for the United Nations shall be accorded such privileges and
216 Karen McVeigh, Haitian mums seek support from UN troops for ‘peacekeeper babies’, The Guardian, 15 December 2017, immunities as are necessary ... during the period of their missions”).
available at: https://www.theguardian.com/global-development/2017/dec/15/peacekeeper-babies-mums-haiti-support-un-
troops; The Organisation for World Peace, Haitian Mothers of ‘Peacekeeping Babies’ File Lawsuit Against United Nations, 242 UN Convention on the Privileges and Immunities of the United Nations (adopted 13 February 1946, entered into force
24 December 2017, available at: http://theowp.org/haitian-mothers-of-peacekeeping-babies-file-lawsuit-against-united- 17 September 1946), available at: https://treaties.un.org/doc/Treaties/1946/12/19461214%2010-17%20PM/Ch_III_1p.pdf,
nations/. article VI, section 22(a), (b).
217 Interview with Sienna Merope-Synge and Beatrice Lindstrom, IJDH. 243 OIOS Evaluation Report, pp. 17-18.
218 Interview with Sienna Merope-Synge and Beatrice Lindstrom, IJDH. 244 OIOS Evaluation Report, p. 18.
219 Karen McVeigh, Haitian mums seek support from UN troops for ‘peacekeeper babies’, The Guardian, 15 December 2017, 245 OIOS Evaluation Report, p. 18.
available at: https://www.theguardian.com/global-development/2017/dec/15/peacekeeper-babies-mums-haiti-support-un-troops.
246 Amy Bracken, The UN let off peacekeepers involved in a Haitian boy’s rape, PRI, 2 October 2014, available at: https://
220 Interview with Sienna Merope-Synge and Beatrice Lindstrom, IJDH. www.pri.org/stories/2014-10-02/un-let-peacekeepers-involved-haitian-boys-rape.
221 Interview with Mark Snyder. 247 Interview with Arsène Dieujuste. As discussed in Chapter 2, the UN does not have powers to prosecute perpetrators
criminally.
248 OIOS Evaluation Report, p. 18.
223 Interview with Arsène Dieujuste.
226 Interview with Sienna Merope-Synge and Beatrice Lindstrom, IJDH. 252 OIOS Evaluation Report, p. 18. However, the report does not contain any information about the concrete sanctions imposed.
229 Interview with Arsène Dieujuste; UN Office of Internal Oversight Services, Evaluation Report, 15 May 2015, p. 17 255 Interview with Arsène Dieujuste.
(hereinafter “OIOS Evaluation Report”); Interview with Mark Snyder, referring to a case that was tried on Haitian soil with a
mentally disabled child. 256 Amy Bracken, The UN let off peacekeepers involved in a Haitian boy’s rape, PRI, 2 October 2014, available at: https://
www.pri.org/stories/2014-10-02/un-let-peacekeepers-involved-haitian-boys-rape.
233 OIOS Evaluation Report, p. 17; Interview with Arsène Dieujuste (noting that police started an investigation of the case).
237 Interview with Arsène Dieujuste. 264 OIOS Evaluation Report, p. 18.
265 Interview with Mark Snyder. 287 African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999)
CAB/LEG/24.9/49.
266 Interview with Arsène Dieujuste. 288 Shaheed Fatima QC, Protecting Children in Armed Conflict, 2018, p. 98.
267 Interview with Arsène Dieujuste. 289 Shaheed Fatima QC, Protecting Children in Armed Conflict, 2018, p. 98; see also African Committee of Experts on the
268 For a further discussion of investigations, see REDRESS, Sexual Exploitation and Abuse in Peacekeeping Operations, September Rights and Welfare of the Child, Revised Guidelines for the Consideration of Communications, October 2014, available at:
2017, available at: https://redress.org/wp-content/uploads/2017/08/REDRESS-peacekeeping-report-English.pdf, p. 23-28; and https://www.acerwc.africa/wp-content/uploads/2018/07/Revised_Communications_Guidelines_Final-1.pdf.
CRIN, Sexual Violence by Peacekeepers Against Children and Other Civilians, A Practical Guide to Advocacy, available here:
https://resourcecentre.savethechildren.net/node/10112/pdf/guide_-_peacekeeper_sexual_violence_final.pdf, p. 13. 290 Shaheed Fatima QC, Protecting Children in Armed Conflict, 2018, p. 98.
269 United Nations Office of Legal Affairs, Response to Questions from REDRESS, 14 June 2019, para. 48. 291 African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999)
CAB/LEG/24.9/49, article 43.
270 See also Marco Odello, Róisín Burke, Between immunity and impunity: peacekeeping and sexual abuses and violence, The
International Journal of Human Rights, Vol. 20, No. 6, 2016, pp. 945-847. 292 African Committee of Experts on the Rights and Welfare of the Child, Revised Guidelines for the Consideration of
Communications, Sec. IX (Procedure on Admissibility), October 2014, available at: https://www.acerwc.africa/wp-content/
271 Rosa Freedman, Unaccountable: A New Approach to Peacekeepers and Sexual Abuse, EJIL (2018), Vol. 29 No. 3, available uploads/2018/07/Revised_Communications_Guidelines_Final-1.pdf.
at: https://academic.oup.com/ejil/article/29/3/961/5165638, p. 967.
293 African Committee of Experts on the Rights and Welfare of the Child, Revised Guidelines for the Consideration of
272 For more discussion of this aspect of strategic litigation, see Open Society Justice Initiative, Strategic Litigation Impacts: Communications, Sec. IX (Procedure on Admissibility), October 2014, available at: https://www.acerwc.africa/wp-content/
Insights from Global Experience, 2018, available at: https://www.justiceinitiative.org/uploads/fd7809e2-bd2b-4f5b-964f- uploads/2018/07/Revised_Communications_Guidelines_Final-1.pdf.
522c7c70e747/strategic-litigation-impacts-insights-20181023.pdf, p. 75; Helen Duffy, Strategic Human Rights Litigation,
2018, pp. 242 et seqq., pp. 261-262. 294 African Committee of Experts on the Rights and Welfare of the Child, Revised Guidelines for the Consideration of
Communications, Sec. X (Procedure on the Merits), October 2014, available at: https://www.acerwc.africa/wp-content/
273 See Open Society Justice Initiative, Strategic Litigation Impacts: Insights from Global Experience, 2018, available uploads/2018/07/Revised_Communications_Guidelines_Final-1.pdf.
at: https://www.justiceinitiative.org/uploads/fd7809e2-bd2b-4f5b-964f-522c7c70e747/strategic-litigation-impacts-
insights-20181023.pdf, p. 28. 295 African Committee of Experts on the Rights and Welfare of the Child, Revised Guidelines for the Consideration of
Communications, Sec. XI (Procedure for Hearing and Communications), October 2014, available at: https://www.acerwc.africa/
274 See Chapter 2. wp-content/uploads/2018/07/Revised_Communications_Guidelines_Final-1.pdf.
275 Maximo Langer and Mackenzie Eason, The Quiet Expansion of Universal Jurisdiction, European Journal of International 296 African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999)
Law, 2019 (forthcoming). CAB/LEG/24.9/49, article 16.
276 The Center for Justice & Accountability, Former Somali Army Commander Living in Virginia Found Liable for Torture 297 African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999)
During Country’s Civil War, 21 May 2019, available at: https://cja.org/former-somali-army-commander-living-in-virginia- CAB/LEG/24.9/49, article 16.
found-liable-for-torture-during-countrys-civil-war/.
298 See International Justice Resource Center, African Child Rights Committee Decides First Complaint Involving Sexual
277 Committee on the Rights of the Child, Committee on the Rights of the Child, available at: https://www.ohchr.org/en/ Violence, 19 September 2018, available at: https://ijrcenter.org/2018/09/19/african-child-rights-committee-decides-first-
hrbodies/crc/pages/crcindex.aspx. complaint-involving-sexual-violence/.
278 Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, UNGA Res 66/138 299 International Justice Resource Center, African Human Rights System, available at: https://ijrcenter.org/regional/african/.
(19 Dec. 2011) UN Doc A/RES/66/138.
300 International Justice Resource Center, African Human Rights System, available at: https://ijrcenter.org/regional/african/.
279 Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, UNGA Res 66/138 (19
Dec. 2011) UN Doc A/RES/66/138. 301 Community Court of Justice, ECOWAS, available at: http://prod.courtecowas.org/mandate-and-jurisdiction-2/.
280 The optional protocols are the Optional Protocol to the Convention on the Rights of the Child on the Involvement of 302 For example, see Case Amouzou Henry and 5 Others v. Republic of Cote d’Ivoire (Judgement), ECW/CCJ/JUG/04/09, (17
Children in Armed Conflict (OPAC), 25 May 2000, 2173 U.N.T.S. 222, and the Optional Protocol to the Convention on the December 2009).
Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (OPSC), 25 May 2000, 2171 UNTS 227.
303 Inter-American Human Rights System, International Justice Resource Center, available at: https://ijrcenter.org/regional/
281 See Committee on the Rights of the Child, Ratification of the Convention on the Rights of the Child, available at: https:// inter-american-system/.
www.ohchr.org/en/hrbodies/crc/pages/crcindex.aspx.
304 Shaheed Fatima QC, Protecting Children in Armed Conflict, Hart Publishing 2018, p. 97.
282 Office of the High Commissioner, Fact Sheet No. 7: Individual Complaints Procedures under the United Nations Human
Rights Treaties, available at: https://www.ohchr.org/Documents/Publications/FactSheet7Rev.2.pdf. 305 Rapporteurship on the Rights of the Child, Inter-American Commission on Human Rights, available at: http://www.
oas.org/en/iachr/children/default.asp Note that the Rapporteur does not receive individual complaints or requests for
283 See Office of the High Commissioner, Jurisprudence: Document Search available at: https://juris.ohchr.org/search/results. precautionary measures, both of which must be directed at the Inter-American Commission.
284 See Office of the High Commissioner, Table of Pending Cases Before the Committee on the Rights of the Child, 306 Shaheed Fatima QC, Protecting Children in Armed Conflict, Hart Publishing, 2018, p. 97.
available at: https://www.ohchr.org/Documents/HRBodies/CRC/TablePendingCases.pdf. 307 For example, though 30 States have ratified the Protocol establishing the ACtHPR, only eight States have made a
declaration permitting NGOs with observer status before the Commission and individuals to bring cases before the AfCHPR.
285 Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, UNGA Res 66/138
(19 Dec. 2011) UN Doc A/RES/66/138, article 7. 308 For example, the ECtHR requires that communications must be received within six months, while the African mechanisms
286 Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, UNGA Res 66/138 suggest that communications are filed within a “reasonable period,” generally understood as six months. See Ashurst LLP and
(19 Dec. 2011) UN Doc A/RES/66/138, article 11. Equal Rights Trust, Navigating Human Rights Complaints Mechanisms: Rules, Tools and Resources, 19 July 2018, p.31.
309 ‘Monitoring Civil and Political Rights’ (Human Rights Committee), available at: https://www.ohchr.org/en/hrbodies/ 331 HRC, General Comment No 31 on the Nature of the General Legal Obligation Imposed on States Parties to the Covenant 1,
ccpr/pages/ccprindex.aspx. para. 10.
310 International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976), 332 HRC, Concluding Observations of the Human Rights Committee on Belgium, 81st sess., UN Doc CCPR/C//81/BEL, 12
999 UNTS 171 (hereinafter “ICCPR”), article 24. August 2004, para. 6.
311 ICCPR, article 3. 333 HRC, Views: Communication No 196/1985, 35th sess., UN Doc CCPR/C/35/D/196/1985, 6 April 1989, (Ibrahima Gueye
et al v France), para. 9.4.
312 Monitoring Civil and Political Rights, Human Rights Committee, available at: https://www.ohchr.org/en/hrbodies/ccpr/
pages/ccprindex.aspx. 334 Róisín Burke, Sexual Exploitation and Abuse by UN Military Contingents: Moving beyond the Current Status Quo and
Responsibility under International Law, 2014, p. 140.
313 Status of Ratification, Optional Protocol to the International Covenant on Civil and Political Rights, United Nations Office
of the High Commissioner for Human Rights, available at: http://indicators.ohchr.org/. 335 Loizidou v Turkey (Preliminary Objections), Appl no 15318/89 (ECtHR 23 March 1995), para. 62; Issa and Others v
Turkey, Appl no 31821/96 (ECtHR, 16 November 2004), paras 66 et seqq.; Cyprus v Turkey, Appl no 25781/94 (ECtHR, 10
314 Ashurst LLP and Equal Rights Trust, Navigating Human Rights Complaints Mechanisms: Rules, Tools and Resources, 19 May 2001), paras. 76 et seq.; Al-Skeini and Others v United Kingdom, Appl no 55721/07 (ECtHR, 7 July 2011), para. 138. This
July 2018, p.60. can in particular include the effective control of an area outside the national territory as a consequence of lawful or unlawful
military action as well as the occupation of a territory by a Convention State.
315 Ashurst LLP and Equal Rights Trust, Navigating Human Rights Complaints Mechanisms: Rules, Tools and Resources, 19
July 2018, p.57. 336 Issa and Others v Turkey, Appl no 31821/96 (ECtHR, 16 November 2004), para. 71; Banković and Others v Belgium, Appl
No 52207/99, (ECtHR, 12 December 2001), para. 73; Al-Skeini and Others v United Kingdom, Appl No 55721/07 (ECtHR,
316 Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (adopted 6 October 7 July 2011), para. 134. In this case, jurisdiction can be exercised by acts of diplomatic and consular personnel residing on
1999, entered into force 22 December 2000) 2131 UNTS 83. foreign territory in accordance with the provisions of international law. Furthermore, a State acts within its jurisdiction,
if the State exercises all or individual governmental powers with the consent or acquiescence or at the invitation of the
317 Status of Ratification, Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against government of a territory.
Women, United Nations Office of the High Commissioner, available at: http://indicators.ohchr.org/.
337 Salas and Others v. United States, Report No. 121/18, Case 10.573 (IACHR, 5 October 2018), paras. 310 et seqq.
318 Ashurst LLP and Equal Rights Trust, Navigating Human Rights Complaints Mechanisms: Rules, Tools and Resources, 19
July 2018, p. 77. 338 Róisín S. Burke, Sexual Exploitation and Abuse by UN Military Contingents: Moving beyond the Current Status Quo and
Responsibility under International Law (2014), p. 143.
319 Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (adopted 15
October 1999, entered into force 22 December 2000) 2131 UNTS 83, article 8. 339 Coard and Others v. United States, Report No. 109/99, Case 10.951 (IACHR, 29 September 1999); and more recently
Salas and Others v. United States, Report No. 121/18, Case 10.573 (IACHR, 5 October 2018) para. 313.
320 Inquiry Procedure, Committee on the Elimination of Discrimination against Women, available at: https://www.ohchr.
org/EN/HRBodies/CEDAW/Pages/InquiryProcedure.aspx. 340 Saldano v Argentina (Petition), Report No. 33/99, Case No OEA/Ser.L/V/II.102 doc 6, rev 17 (IACHR 11 March 1999),
para. 18 et seq.
321 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (adopted 10 December
1984, entered into force 26 June 1987) 1465 UNTS 85 (hereinafter UNCAT). 341 Róisín S. Burke, Sexual Exploitation and Abuse by UN Military Contingents: Moving beyond the Current Status Quo and
Responsibility under International Law, 2014, p. 137.
322 UNCAT, article 2 (2).
342 See in particular Democratic Republic of the Congo v. Burundi, Rwanda and Uganda, Communication 227/99 (ACHPR,
323 Ashurst LLP and Equal Rights Trust, Navigating Human Rights Complaints Mechanisms: Rules, Tools and Resources, 19 2003).
July 2018, p. 77.
343 Takele, S. Bulto, Patching the ‘Legal Black Hole’: The Extraterritorial Reach of States’ Human Rights Duties in the African
324 Status of Ratification, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Human Rights System, 31 May 2011, South African Journal on Human Rights, Vol. 27, No. 2, 2011, pp. 260 et seqq., available
United Nations Office of the High Commissioner for Human Rights, available at: http://indicators.ohchr.org/. at: https://ssrn.com/abstract=1855953.
325 Ashurst LLP and Equal Rights Trust, Navigating Human Rights Complaints Mechanisms: Rules, Tools and Resources, 19 344 See historical background in UN Special Rapporteur on violence against women, its causes and consequences, The due
July 2018, p. 79. diligence standard as a tool for the elimination of violence against women, E/CN.4/2006/61, 20 January 2006, paras 19-29.
326 Ashurst LLP and Equal Rights Trust, Navigating Human Rights Complaints Mechanisms: Rules, Tools and Resources, 19 345 CEDAW, General Recommendation No. 19: Violence against women, 1992, para 9; CEDAW, General recommendation
July 2018, p. 79. No. 30 on women in conflict prevention, conflict and post-conflict situation, CEDAW/C/GC/30, 18 October 2013, para 15;
Committee Against Torture, General Comment No. 2: Implementation of article 2 by State Parties, CAT/C/GC/2/RCP.1/Rev.4,
327 Marie Deschamps, Hassan B. Jallow, and Yasmin Sooka, supported by James Arguin, Maxine Marcus, Virginie Monchy 23 November 2007; Human Rights Committee, General Comment No 30, para 8; UN General Assembly, Declaration on the
and Emma Phillips, Taking Action on Sexual Exploitation and Abuse by Peacekeepers: Report of an Independent Review on Elimination of Violence Against Women, A/RES/48/104, 20 December 1993, Article 4(c); UN General Assembly, Resolution
Sexual Exploitation and Abuse by International Peacekeeping Forces in the Central African Republic, 17 December 2015, 61/143: Intensification of efforts to eliminate all forms of violence against women, A/RES/61/143, 30 January 2007, para 7.
available at: https://www.refworld.org/docid/568d16eb4.html, pp. 25-28.
346 IACtHR, Velásquez Rodríguez v Honduras, Merits, Judgment of 29 July 1988, Series C No.4, para 172; ACHPR,
328 For more discussion see Chapter 2 above. Zimbabwe Human Rights NGO Forum v Zimbabwe, Communication 245/02, 15 May 2006, para 143; ECHR, MC v
Bulgaria, App. No. 39272/98, 4 December 2003; ECHR, Opuz v Turkey, App. No. 33401/02, 9 June 2009; ECOWAS,
329 ICCPR, article 2(1). Hadijatou Mani Koraou v Niger, ECW/CCJ/JUD/06/08, 27 October 2008.
330 HRC, General Comment No 31 on the Nature of the General Legal Obligation Imposed on States Parties to the Covenant 1, 347 The obligation of a TCC could arise, for instance, if State officials knew or should have known of ongoing sexual abuse
para. 10. by its forces in the territory of another State, and did not take the necessary actions to prevent further violations.
348 See Chapter 2 for an explanation of TCCs’ exclusive jurisdiction to prosecute its troops under the Model MoU. 371 Cyprus v Turkey, Appl No 6780/74 and 6950/75 (ECmHR, 10 July 1976).
349 Article 25 (5) of the Council of Europe Convention for the protection of children against sexual exploitation andn 372 UN Commission on Human Rights (1986), Report by the Special Rapporteur, Mr P Kooijmans, UN Doc. E/CN.4/1986/15,
sexual abuse (CETS Nr. 201), adopted and opened for signature on 25 October 2007. 19 February 1986, p. 26; UN Commission on Human Rights (1995), Report of the Special Rapporteur, Mr. Nigel S. Rodley,
Submitted Pursuant to Commission on Human Rights Resolution 1992/32, UN Doc. E/CN.4/1995/34, 12 January 1995, paras.
350 ILC, Commentary on article 7 DARSIWA, para. 7. 15-24; UN Human Rights Council (UNHRC) Report of the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment, Manfred Nowak, UN Doc. A/HRC/7/3, 15 January 2008, paras. 26 and 34-36; CEDAW (1992), General
351 This issue is discussed in detail in Burke, Sexual Exploitation and Abuse by UN Military Contingents: Moving beyond the Recommendation No. 19: Violence against Women, UN Doc. A/47/38, 11th session; V.L. v Switzerland, Communication No
Current Status Quo and Responsibility under International Law, 2014, pages 255-293. 262/2005, (CAT, 20 November 2006), UN Doc. CAT/C/37/D/262/2005 (2007), para. 8.10.
352 United Nations General Assembly, Special Measures for Protection from Sexual Exploitation and Abuse: a new approach, 373 Prosecutor v. Akayesu, Case No. ICTR-96-4-T, paras. 598, 688 (International Criminal Tribunal for Rwanda, 2.
Report of the Secretary-General, February 2017, p. 41. September 1998).
353 UN Website, Conduct in UN Field Missions: Glossary, available at: https://conduct.unmissions.org/glossary. 374 UN Website, Conduct in UN Field Missions: Glossary, available at: https://conduct.unmissions.org/glossary.
354 UN Convention on the Rights of the Child, (adopted 20 November 1989, entered into force 2 September 1990), 1577 375 Mejía v Perú, Report no 5/96 (IACHR, 1 March 1996); Aydin v Turkey, Appl no 28293/95, 29494/95 and 30219/96
UNTS 3 (hereinafter “CRC”). (ECtHR, 25 September 1997), paras. 83-85; Malawi African Association and Others v Mauritania, Comm No 54/91, 61/91,
98/93, 164/97 à 196/97 and 210/98 (ACHPR 2000), paras. 117 and 118.
355 CRC, article 1.
376 HRC, General Comment 31 on art 2 of the Covenant: the Nature of the General Legal Obligation imposed on States Parties
356 CRC, article 34. to the Covenant, 21 April 2004, UN Doc CCPR/C/74/CRP.4/Rev.6, para 8; Human Rights Council (2013), Report of the
Special Rapporteur on Violence against Women, Its Causes and Consequences, Rashida Manjoo, UN Doc. A/HRC/23/49, 14
357 CRC, article 34. May 2013, para. 11.
358 OPSC, article 3. 377 ICCPR, article 17; See also ECHR, article 8.
359 OPSC, article 4. See also Article 25 (5) of the Council of Europe Convention for the protection of children against 378 X and Y v Netherlands, Application no. 8978/80 (ECtHR, 26 March 1985).
sexual exploitation andn sexual abuse (CETS Nr. 201), adopted and opened for signature on 25 October 2007.
379 ECtHR, Guide on Article 8 of the European Convention of Human Rights, 30 April 2019, p. 8.
360 For further information about the CRC Committee as a potential venue for strategic litigation see chapter 6.
380 See for instance Quinteros v Uruguay, Comm No 107/1981 (HRC, 21 July 1983), para. 14 with regard to article 7 ICCPR.
361 CRC, article 3 (1). While the notion of the right to truth does not appear per se in the Geneva Conventions and its additional protocols, several
provisions deal with the State obligations related to it, as for instance article 122 of the Third Geneva Convention of 1949;
362 See CEDAW. article 136 of the Fourth Geneva Convention of 1949; articles 16-17 of the First Geneva Convention of 1949 and article 19
of the Second Geneva Convention of 1949. See further UNHRC, Right to Truth, UN Doc. A/HRC/RES/9/11, 18 September
363 CEADW, article 6. 2008, para. 1.
364 See with regard to the jurisprudence of the IACHR: Viviana Waiseman, Human Trafficking: State Obligations to Protect 381 UNHRC, Right to Truth, UN Doc. A/HRC/RES/9/11, 18 September 2008.
Victims’ Rights, the Current Framework and a New Due Diligence Standard, Hastings International and Comparative Law
Review, 2010, pp. 411–412. 382 UNHRC, Report of the Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-
Recurrence, UN Doc. A/HRC/21/46, 9 August 2012, para. 54.
365 Jasmine-Kim Westendorf, WPS, CRSV and sexual exploitation and abuse in peace operations: Making sense of the missing
links, September 2017, available at: http://blogs.lse.ac.uk/wps/2017/10/05/wps-crsv-and-sexual-exploitation-and-abuse-in- 383 See Rosa Freedman, Unaccountable, A New Approach to Peacekeepers and Sexual Abuse, EJIL (2018), Vol. 29 No. 3, pp.
peace-operations-making-sense-of-the-missing-links-jasmine-kim-westendorf-92017/. 978–981.
366 Marie Deschamps, Hassan B. Jallow, and Yasmin Sooka, supported by James Arguin, Maxine Marcus, Virginie Monchy 384 UDHR, article 8.
and Emma Phillips, Taking Action on Sexual Exploitation and Abuse by Peacekeepers: Report of an Independent Review on
Sexual Exploitation and Abuse by International Peacekeeping Forces in the Central African Republic, 17 December 2015, 385 ICCPR, article 2(3); UNCAT, article 14.
available at: https://www.refworld.org/docid/568d16eb4.html, pp. 25-28.
386 ECHR, article 13; ACHR, article 25; ACHPR, article 7.
367 UN Secretary-General on Sexual Violence in Conflict, Report on conflict-related sexual violence, 16 April 2018, available at:
https://www.un.org/sexualviolenceinconflict/wp-content/uploads/reports/sg-reports/SG-REPORT-2017-CRSV-SPREAD.pdf. 387 OHCHR (Office of the United Nations High Commissioner for Human Rights), Basic Principles and Guidelines on the
Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of
368 UN Secretary-General on Sexual Violence in Conflict, Report on conflict-related sexual violence, 16 April 2018, available at: International Humanitarian Law, Resolution 60/147, 16 December 2005, para. 3.
https://www.un.org/sexualviolenceinconflict/wp-content/uploads/reports/sg-reports/SG-REPORT-2017-CRSV-SPREAD.pdf, p. 3.
388 OHCHR (Office of the United Nations High Commissioner for Human Rights), Basic Principles and Guidelines on the
369 Jasmine-Kim Westendorf, WPS, CRSV and sexual exploitation and abuse in peace operations: Making sense of the missing Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of
links, September 2017, available at: http://blogs.lse.ac.uk/wps/2017/10/05/wps-crsv-and-sexual-exploitation-and-abuse-in- International Humanitarian Law, Resolution 60/147, 16 December 2005, para. 18.
peace-operations-making-sense-of-the-missing-links-jasmine-kim-westendorf-92017/.
389 Nairobi Declaration on Women’s and Girls’ Right to a Remedy and Reparation, 21 March 2007.
370 Jasmine-Kim Westendorf, WPS, CRSV and sexual exploitation and abuse in peace operations: Making sense of the missing
links, September 2017, available at: http://blogs.lse.ac.uk/wps/2017/10/05/wps-crsv-and-sexual-exploitation-and-abuse-in- 390 See UN Secretary-General, Special measures for protection from sexual exploitation and abuse: a new approach, UN Doc
peace-operations-making-sense-of-the-missing-links-jasmine-kim-westendorf-92017/. A/71/818, 28 February 2017, pp. 30-31.
391 See, eg, Code Blue, Submission to the UK House of Commons Select Committee on International Development’s
Inquiry on sexual exploitation and abuse in the aid sector, 18 April 2018, available at: http://www.codebluecampaign.com/
analysis/2018/4/20 ; REDRESS, Sexual Exploitation and Abuse in Peacekeeping Operations, September 2017, available at:
https://redress.org/wp-content/uploads/2017/08/REDRESS-peacekeeping-report-English.pdf; Child Rights International
Network, Sexual Violence by Peacekeepers Against Children and Other Civilians – A Practical Guide for Advocacy, available
at: https://resourcecentre.savethechildren.net/node/10112/pdf/guide_-_peacekeeper_sexual_violence_final.pdf; Rosa
Freedman, Unaccountable: A New Approach to Peacekeepers and Sexual Abuse, 2018, 29 EJIL 961, http://centaur.reading.
ac.uk/75656/11/chy039.pdf; Clingendael Institute, Progress on UN peacekeeping reform: HIPPO and beyond, October 2017,
available at: https://www.clingendael.org/publication/progress-un-peacekeeping-reform-hippo-and-beyond.
392 UN, ‘Report of the Secretary-General’s Special Advisor, Prince Zeid Ra’ad Zeid Al-Hussein, on a comprehensive strategy to
eliminate future sexual exploitation and abuse in United Nations peacekeeping operations’ A/59/710, 24 March 2005, available
at: https://www.un.org/en/ga/search/view_doc.asp?symbol=A/59/710; UN, Ensuring the accountability of United Nations staff
and experts on mission with respect to criminal acts committed in peacekeeping operations, A/60/980, 16 August 2006, available
at: https://digitallibrary.un.org/record/584510/files/A_60_980-EN.pdf; Marie Deschamps, Hassan B. Jallow, and Yasmin Sooka,
supported by James Arguin, Maxine Marcus, Virginie Monchy and Emma Phillips, Taking Action on Sexual Exploitation and
Abuse by Peacekeepers: Report of an Independent Review on Sexual Exploitation and Abuse by International Peacekeeping Forces
in the Central African Republic, 17 December 2015, available at: https://www.refworld.org/docid/568d16eb4.html, p. 1; UNSC,
Resolution 2272 (2016), S/RES/2272, available at: https://undocs.org/S/RES/2272(2016), para. 1.
393 See further Chapter 7.
394 Sara Ferro Ribeiro and Danaé van der Straten Ponthoz on behalf of the UK Foreign & Commonwealth Office,
International Protocol on the Documentation and Investigation of Sexual Violence in Conflict Best Practice on the
Documentation of Sexual Violence as a Crime or Violation of International Law, Second Edition, March 2017, available at:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/598335/International_
Protocol_2017_2nd_Edition.pdf.
395 The Murad Code is an international code of conduct for the accountability-relevant documentation of conflict-related
sexual and gender based violence, which is currently being developed by the Preventing Sexual Violence in Conflict Initiative
of the UK Foreign & Commonwealth Office and the Institute of International Criminal Investigations in consultation with
Nadia’s Initiative.
396 The Institute of International Criminal Investigations is currently developing written guidelines for the accountability-
focused investigation of genocide, crimes against humanity, war crimes and systematic and grave human rights violations
against and otherwise involving children. See: https://iici.global/2019/03/07/iici-development-of-guidelines-for-
investigating-international-crimes-and-systematic-human-rights-violations-involving-children/.
397 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum
standards on the rights, support and protection of victims of crime (EU Victims’ Rights Directive), available at: http://eur-
lex.europa.eu/legal-content/EN/TXT/?qid=1421925131614&uri=CELEX:32012L0029.
398 DG Justice Guidance Document related to the transposition and implementation of the EU Victims’ Rights Directive,
December 2013, available at: https://ec.europa.eu/info/sites/info/files/13_12_19_3763804_guidance_victims_rights_
directive_eu_en.pdf.
399 See eg, Code Blue, Submission to the UK House of Commons Select Committee on International Development’s
Inquiry on sexual exploitation and abuse in the aid sector, 18 April 2018, available at: http://www.codebluecampaign.com/
analysis/2018/4/20.
106 LITIGATING PEACEKEEPER CHILD SEXUAL ABUSE

Litigating Peacekeeper Child Sexual Abuse Report

Uploaded by

Copyright:

Available Formats

Litigating Peacekeeper Child Sexual Abuse Report

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Litigating Peacekeeper Child Sexual Abuse Report

Uploaded by

Copyright:

Available Formats

Litigating

4. Obstacles to Accountability and Redress 48

5. Strategic Litigation of Peacekeeper Child Sexual Abuse 53

6. Avenues for Strategic Litigation 63

7. A Human Rights-Based Approach 73

A human rights-based approach

Member State reports to UN

Management of Reports and Allegations Involving UN Personnel UN repatriates Military and

UN completes investigation UN repatriates Military and

UN Security Council Resolution 2272 on

Under the above frameworks, soldiers

CASE STUDY 6 CASE STUDY 2

Case Study 1: Criminal and Civil

In response to the public outrage over Military procedure

Whereas the UN system has developed

In Case Study 6 (Pakistani peacekeepers

A further problem identified was the

prosecutions commensurately to authorities • Preparing amicus issues developed; law

• Documentation, • Summaries of • Judgments with • Survivors feel

• Conducting consent changed; standards

peacekeeper child child sexual abuse

by peacekeepers child sexual abuse, with NGOs gathering

Replicating the model of universal Instigating criminal prosecutions in TCCs

Receives communications from:

5 UN Website, Conduct in UN Field Missions: Data, available at: https://conduct.unmissions.org/sea-data-introduction.

11 UN Website, Conduct in UN Field Missions: Glossary, available at: https://conduct.unmissions.org/glossary.

16 UN Website, Conduct in UN Field Missions: Glossary, available at: https://conduct.unmissions.org/glossary.

132 Interview on file. 149 Interview on file.

181 Interview on file 202 Interview on file.

393 See further Chapter 7.

You might also like