The Dissonance between the United Nations Zero-Tolerance Policy and the Criminalisation of Sexual Offences on the International Level

2007 ◽  
Vol 7 (4) ◽  
pp. 657-676 ◽  
Author(s):  
Noëlle Quénivet
Keyword(s):  
United Nations ◽  
Human Trafficking ◽  
International Criminal ◽  
Zero Tolerance ◽  
Sexual Exploitation ◽  
Sexual Offences ◽  
International Criminal Tribunals ◽  
Zero Tolerance Policy ◽  
Draft Convention ◽  
The United Nations

AbstractAs a growing number of stories unravelled the involvement of United Nations peacekeepers in human trafficking and sexual exploitation cases, the United Nations adopted in 2003 and implemented a zero-tolerance policy towards sexual encounters between peacekeepers and local women. This article argues that this policy is flawed for a number of reasons. First, it does not apply to all United Nations-related personnel and thereby fails to target those who are mostly engaged in such activities. Second, it only provides for disciplinary measures, a flaw only partially remedied by the draft convention on the criminal accountability of United Nations officials and experts on mission. Third, it does not take into account the jurisprudence of international criminal tribunals on sexual offences, for it negates the possibility of consent.

Improving the Operation and Functioning of the International Criminal Tribunals

2000 ◽  
Vol 94 (4) ◽  
pp. 759-773 ◽  
Author(s):  
Daryl A. Mundis
Keyword(s):  
United Nations ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Secretary General ◽  
General Assembly ◽  
Expert Group ◽  
International Criminal Tribunals ◽  
International Tribunals ◽  
The United Nations

Since the establishment of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, both International Tribunals have grown tremendously in terms of resources. Despite this growth, the International Tribunals have rendered judgments in only fifteen cases and conducted inordinately long trials—a fault for which, perhaps more than any other, they can be justly criticized. The Secretary- General of the United Nations recently appointed an expert group to review the efficiency of the operation of the International Tribunals and make recommendations for improvement. Following the release of the group's report, the General Assembly requested that the Secretary-General obtain comments from the International Tribunals on the experts’ recommendations. The ICTYjudges, for their part, considered these recommendations in a report to the United Nations setting forth a long-term strategy for improving the operation of the Tribunal.

The Immunity of Judge Akay of the MICT

2020 ◽  
Vol 19 (1) ◽  
pp. 137-155
Author(s):  
Deming HUANG ◽  
Qintong SHAN
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal ◽  
United Nations Security Council ◽  
Legal Proceedings ◽  
International Criminal Tribunals ◽  
The United Nations ◽  
The Republic ◽  
Republic Of Turkey

Abstract On 5 October 2016, the President of the UN Residual Mechanism for International Criminal Tribunals officially notified the United Nations Security Council of the failure of the Republic of Turkey to comply with a judicial order issued by the Mechanism which requested the authorities of Turkey to cease all legal proceedings against the MICT Judge Aydin Akay due to his immunity. This paper aims to examine issues pertinent to the immunity of an international judge arising from this situation. It also seeks to explore the conflicts behind the arrest of Judge Akay and draw some conclusions.

Survival Sex in Peacekeeping Economies

2014 ◽  
Vol 18 (1-2) ◽  
pp. 1-44 ◽  
Author(s):  
Jena McGill
Keyword(s):  
Decision Making ◽  
Sexual Abuse ◽  
United Nations ◽  
Zero Tolerance ◽  
Sexual Exploitation ◽  
Policy Framework ◽  
Survival Sex ◽  
Zero Tolerance Policy ◽  
Discursive Power

This paper investigates the zero tolerance policy on sexual exploitation and sexual abuse by United Nations peacekeepers as it relates to survival sex in peacekeeping economies. Understanding the policy as a form of discursive power, the analysis seeks to reveal the effects of zero tolerance by asking: what is obscured about survival sex in peacekeeping economies when it is viewed through the lens of zero tolerance, and to whose benefit? The argument is that zero tolerance is a poor policy framework to address peacekeeper engagement in survival sex because it fails to grapple with the complex set of economic circumstances that give rise to survival sex decision-making by girls and women in peacekeeping economies. In light of the failures of zero tolerance, a rights-based approach to survival sex in peacekeeping economies represents a more promising means of addressing the issue to the benefit of local girls and women.

Part 2 The United Nations: What it is, 16 United Nations Privileges and Immunities

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
International Organizations ◽  
International Criminal ◽  
Member States ◽  
Peacekeeping Operations ◽  
International Criminal Tribunals ◽  
Effective Performance ◽  
The United Nations ◽  
Settlement Of Disputes ◽  
International Character

International organizations like the United Nations (UN) require certain privileges and immunities from national jurisdictions for the effective performance of their tasks. These privileges and immunities are granted to preserve the independence of the UN from its member states and to secure the international character of the organization. This chapter discusses the sources of privileges and immunities; reasons for the conferral of privileges and immunities; privileges and immunities of the organization, representatives of member states, officials of the organization, and experts on mission; abuse, waiver, and settlement of disputes regarding privileges and immunities; privileges and immunities during peacekeeping operations; and immunities of international organizations and the jurisdiction of international criminal tribunals.

scholarly journals Was Trafficking in Persons Really Criminalised?

10.14197/100 ◽  
1969 ◽  
Author(s):  
Kristiina Kangaspunta
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Human Trafficking ◽  
Criminal Group ◽  
Trafficking In Persons ◽  
Criminal Charges ◽  
Women And Children ◽  
The United Nations ◽  
Criminal Justice Response

This paper examines the successes and setbacks in the criminal justice response to trafficking in persons. While today, the majority of countries have passed specific legislation criminalising human trafficking in response to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, there are still very few convictions of trafficking. Using currently available knowledge, this paper discusses four possible reasons for low conviction rates. Further, the paper suggests that due to the heavy dependency on victim testimonies when prosecuting trafficking in persons crimes, members of criminal organisations that are easily identifiable by victims may face criminal charges more frequently than other members of the criminal group, particularly those in positions of greater responsibility who profit the most from the criminal activities. In this context, the exceptionally high number of women among convicted offenders is explored.

scholarly journals Elusive Legal Definition of Terrorism at the United Nations

2017 ◽  
Vol 3 (1) ◽  
pp. 65-87
Author(s):  
Mercy Obado Ochieng
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
State Level ◽  
The State ◽  
Security Threat ◽  
Counter Terrorism ◽  
Legal Definition ◽  
Draft Convention ◽  
The United Nations ◽  
Definition Of

Terrorism is indisputably a serious security threat to states and individuals. Yet, by the end of 2016, there was still lack of consensus on the legal definition of terrorism at the United Nations (UN) level. The key organs of the UN, the Security Council (UNSC) and the General Assembly (UNGA), are yet to agree on a legal definition of terrorism. This disconnect is attributed partly to the heterogeneous nature of terrorist activities and ideological differences among member states. At the UN level, acts of terrorism are mainly tackled from the angle of threats to international peace and security. In contrast, at the state level, acts of terrorism are largely defined as crimes and hence dealt with from the criminal justice paradigm. This article argues that the lack of a concrete legal definition of terrorism at the UN level undermines the holistic use of the criminal justice paradigm to counter-terrorism at the state level. To effectively counter-terrorism the UNSC and the UNGA have to agree on a legal definition of terrorism in their resolutions. This will streamline efforts to combat terrorism at the state level and consolidate counter-terrorism measures at the international level. The draft comprehensive Convention on Measures to Eliminate Terrorism (the Draft Convention) should be tailored to fill gaps and provide for a progressive legal definition of acts of terrorism.

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