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Transnational Crime, Crime Control and Security

Criminalising Peacekeepers

Modernising National Approaches to Sexual Exploitation and Abuse

Authors: O'Brien, Melanie

  • Breaks new ground in demanding legal consequences for peacekeepers committing sexual offences
  • Argues for the ability for states to prevent and punish criminal conduct by their peacekeepers
  • Draws on aspects of international law (including transitional justice), international relations, criminal law and peace and conflict studies
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Buy this book

eBook 101,14 €
price for Germany (gross)
  • ISBN 978-3-319-57729-6
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 128,39 €
price for Germany (gross)
  • ISBN 978-3-319-57728-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

This book examines Australia’s and the United States’ ability to prosecute their peacekeepers for sexual exploitation and abuse. The United Nations has too long been plagued by sexual exploitation and abuse in some of the world’s most vulnerable communities. Discussion within United Nations’ reporting and academic scholarship focuses on policy; however, a significant concern outlined here is that peacekeepers are committing sexual offences with impunity, despite exclusive criminal jurisdiction over peacekeepers being granted to their sending states. In this original study O’Brien provides an in-depth, feminist analysis of US and Australian sexual offending law and jurisdiction over their military and military-civilian peacekeepers.  Based on timely critical analysis, this book demonstrates the limitations states face in ensuring accountability for sexual exploitation and abuse by peacekeepers – a factor which directly contributes to ongoing commission of and impunity for such offences. Calling for a rights-based, transnational law response to these crimes, this engaging and thought-provoking work will appeal to international practitioners, governments, UN policy-makers, and scholars of international, military and criminal law.

About the authors

Melanie O'Brien is a Research Fellow in the TC Beirne School of Law and researcher in the Asia-Pacific Centre for the Responsibility to Protect, The University of Queensland, Australia. She has worked for Anti-Slavery Australia and the Office of the Prosecutor, International Criminal Court.

Reviews

“Dr. O’Brien’s book presents an excellent examination of the problem of sexual offenses being committed by international peacekeepers, and provides insightful suggestions for addressing the criminal justice aspects of that problem.  Because the international organizations seem incapable of effectively stemming the problem, she suggests that the nation states providing the peacekeepers take a more aggressive approach to the problem. To that end, she addresses in detail the civil and military jurisdiction of both Australia and the United States, and in particular the various criminal and military laws that would permit those countries to investigate and prosecute alleged sexual offenses by their citizens, when serving in another country as peacekeepers.” (David A. Schlueter, Hardy Professor of Law & Director of Advocacy Programs St. Mary’s University School of Law, USA)

“This valuable book offers a bracing perspective on the vexed issue of accountability of UN peacekeepers for sexual exportation and abuse. It pinpoints the weaknesses of the current system and argues persuasively for transnational regulation, with women’s human rights at its centre.” (Professor Hilary Charlesworth, Melbourne Laureate Professor at Melbourne Law School, University of Melbourne, and Distinguished Professor at the Australian National University, Australia)

“Combining deft analysis of international and domestic jurisprudence with a sound understanding of peacekeeping practices in the field and the challenges confronting the global community, this important book sheds new light on the problem of responding to sexual exploitation and abuse by UN peacekeepers. It offers careful and balanced analysis as well as a set of practical steps that could be taken to prevent abuse by holding perpetrators accountable. This book will be welcomed and must be read by both general readers and those that have grappled – thus far unsuccessfully – with this issue for years.” (Professor Alex Bellamy, Director of the Asia Pacific Centre for the Responsibility to Protect and Professor of Peace and Conflict Studies at The University of Queensland, Australia; Non-Resident Senior Adviser at the International Peace Institute, New York, USA, and Fellow of the Academy of Social Sciences in Australia)

Table of contents (9 chapters)

  • UN Peacekeepers, the Military and Sexual Exploitation

    O’Brien, Melanie

    Pages 1-57

    Preview Buy Chapter 29,69 €
  • National Criminal Jurisdiction Over Australian and US Military Personnel

    O’Brien, Melanie

    Pages 59-75

  • General Criminal Provisions of US and Australian Military Disciplinary Law

    O’Brien, Melanie

    Pages 77-86

  • Rape

    O’Brien, Melanie

    Pages 87-101

  • Prostitution-Related Conduct

    O’Brien, Melanie

    Pages 103-115

Buy this book

eBook 101,14 €
price for Germany (gross)
  • ISBN 978-3-319-57729-6
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 128,39 €
price for Germany (gross)
  • ISBN 978-3-319-57728-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Criminalising Peacekeepers
Book Subtitle
Modernising National Approaches to Sexual Exploitation and Abuse
Authors
Series Title
Transnational Crime, Crime Control and Security
Copyright
2017
Publisher
Palgrave Macmillan
Copyright Holder
The Editor(s) (if applicable) and The Author(s)
eBook ISBN
978-3-319-57729-6
DOI
10.1007/978-3-319-57729-6
Hardcover ISBN
978-3-319-57728-9
Edition Number
1
Number of Pages
XI, 207
Topics