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Record W2003102023 · doi:10.1163/18781527-00401001

Continuing Impunity of Peacekeepers: The Need For a Convention

2013· article· en· W2003102023 on OpenAlexaff
Siobhán Wills

Bibliographic record

VenueJournal of International Humanitarian Legal Studies · 2013
Typearticle
Languageen
FieldSocial Sciences
TopicInternational Law and Human Rights
Canadian institutionsUniversity of Saskatchewan
Fundersnot available
KeywordsPeacekeepingImpunityLawPolitical scienceLegitimacyConventionInternational lawUnited Nations CharterGeneva ConventionsCLARITYHuman rightsInternational humanitarian lawPoliticsSecurity council

Abstract

fetched live from OpenAlex

Since the end of the Cold War United Nations (UN) authorised peacekeeping missions have tended to be not only more complex, but also much more interventionist and more robust than could ever have been imagined in the early days of peacekeeping.1 However, because peacekeeping is not explicitly provided for under the UN Charter, and has developed ad hoc in response to changing perceptions as to the nature of the role and responsibilities of peacekeeping missions, it is often unclear what laws are applicable to peacekeeping missions and when those laws apply. This paper explores the implications of that lack of clarity, focusing in particular on gaps in the international law regulating the conduct of peacekeepers. The author argues that the current approach, whereby prosecution for crimes committed by peacekeepers is dealt with primarily through the domestic law of the Troop Contributing State, is unsatisfactory, and is likely to remain unsatisfactory despite efforts to persuade Contributing States’ to establish the legal and administrative frameworks necessary to prosecute and punish their troops for crimes committed outside their territorial borders. A convention based regime specifically tailored to ensuring that peacekeepers are held accountable to internationally agreed standards would be the most effective way of enabling the UN to comply with the rule of law standards it itself espouses.2 Such a regime would enable the UN to retain legitimacy internationally and in the eyes of the communities where missions are deployed. In addition the UN should expand its Office of Internal Oversight Services to encompass a dedicated fully resourced criminal justice unit.3 Arguably the accountability gap in relation to non-military personnel is even greater than for military personnel since, although troops generally have complete immunity from prosecution in the host State under a Status of Forces Agreement, they are normally covered by their home State’s military justice system; whereas non-military personnel have functional immunity in the Host State, under the Convention on the Privileges and Immunities of the United Nations,4 but may not be subject to the jurisdiction of their home State at all whilst they are deployed abroad.5 However not all Troop Contributing States have independent codes of military justice operating in peacetime, and in those countries that do not, responsibility for punishing any wrong-doing by military personnel falls to the ordinary courts and disciplinary bodies.6 In addition some countries have removed serious crimes that violate human rights from the jurisdiction of military courts.7 But even where military personnel are subject to their home State’s military justice system, and it covers the crime in question, Troop Contributing States are often reluctant to prosecute.8 Since the track record on holding UN troops accountable for crimes and other serious misconduct remains poor; and since the majority of allegations of crimes and misconduct reported in the press continues to be against soldiers; and since soldiers outnumber other personnel in UN operations by a wide margin,9 this paper focuses in particular on military personnel.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.587
Threshold uncertainty score0.330

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.038
GPT teacher head0.347
Teacher spread0.309 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations10
Published2013
Admission routes1
Has abstractyes

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