International Law as a Regulatory Framework for Sexual Crimes Committed by Peacekeepers

Abstract

International Law provides a framework for regulating sexual crimes committed by peacekeepers. This article includes in the definition of peacekeepers private military contractors and humanitarian non-government organization (NGO) workers, who increasingly act as subcontractors and partners in UN peace operations. Drawing on the socio-legal field of regulatory studies, this article assesses the ability of international law to function as a regulatory regime in terms of its ability to set standards, monitor compliance and enforce standards. It does this through a survey of the international law on jurisdiction, responsibility of states and international organizations, and immunity. The article argues that international law's strength lies in standard setting, but some of its standards are problematic, and it is weak in both monitoring and enforcement mechanisms due to its heavy reliance on states as regulators at international law.