The Responsibility of UN Staff in the Context of PKOs

The accountability of United Nations personnel in peacekeeping operations is a topical issue in view of the many human rights violations and other reprehensible acts perpetrated by peacekeeping personnel against the civilian population, including acts of sexual exploitation and abuse, organised prostitution, murder, disappearances of persons, arms trafficking, and so on. Several measures have been taken in addition to the legal regime already in place to prevent these offences, which tarnish the image and reputation of the UN, and to ensure that the perpetrators are punished. Nevertheless, enforcing the responsibility of UN personnel is difficult because the legal regime in place is hamstrung by the immunities from jurisdiction enjoyed by these personnel, and by agreements between the UN and host states, and those with troop-contributing states. This is at the root of the infringements that persist within PKOs and the ineffectiveness of the fight against impunity. There is room for improvement in the legal regime governing this responsibility, and solutions need to be found.