Chapter 12. Accountability For The Conduct Of UN-Mandated Forces Under International Human Rights Law: A Case Study Concerning Sexual Abuse Of The UN Mission In The Democratic Republic Of Congo (MONUC)

Abstract

Peacekeepers involved in post-conflict peace operations have been accused of serious human rights abuses, such as sexual exploitation and abuse committed by military, civilian police and civilian peacekeeping personnel. The UN mission in the Democratic Republic of Congo (MONUC) serves as an example to show accountability mechanisms under international human rights law, reflected in MONUC's mandate, its own Code of Conduct but also the different accountability mechanisms provided by the United Nations in cases of sexual abuse committed by UN peacekeepers. This chapter suggests alternative means to hold peacekeepers accountable by examining possibilities of jurisdiction such as UN on-site courts martial, model memorandum of understanding and model criminal codes for post-conflict states. It discusses the accountability mechanisms under international human rights law and focuses on the legal obligations of troop contributing countries (TCC), state responsibility and recommendations for future missions to hold peacekeepers and their countries accountable for their misconduct.Keywords: International Human Rights Law; MONUC; sexual abuse; troop contributing countries (TCC); UN peacekeepers