Paths to Justice

Paths to Justice A project of the Women's International League for Peace and Freedom WILPE FACTS AND FIGURES Number of Private Military and Security Companies (PMSC's) hired by the UN 111,113 43 14 Current Peacekeeping Operations Total number of personnel currently serving in peacekeeping operations Of which only 3.86% are women... What happens when the tables are turned What happens when they commit some of the worst crimes imaginable, against the very people they are supposed to protect? and one of these peacekeepers commits a crime? Like in Bosnia Georgia Pakistan Guinea Сургus Nepal Bissau Lebanon Afghanistan Mali Haiti Liberia India Cambodia Chad Sierra Leone Ethiopia East Timor Côte Eritrea Sudan d'Ivoire Burundi Democratic Republic of the Congo How do victims get justice? How do perpetrators face justice? STARTING POINT OA CLAIM IS MADE 2 BY A direct victim(s) A private lawyer representing the victim(s) An NGO representing the victim(s) FOR THE CRIME OF 3 Human Sexual Abuse Sexual Trafficking and Exploitation Violence Also known as "serious misconduct" according to the UN... 4 COMMITTED BY Where the accused will stand trial is Accused often predetermined in the Status of Forces Agreement (SOFA) or the Memorandum of Understanding (MoU's), which are agreed upon by the UN and sending and host states before the start of the Peacekeeping Operation (PKO). International Contractor Member (PMSC's) of PKO Limitations Solutions and Obstacles Civilian Component Military Component Problematic Reform of SOFA's or MoU's, where jurisdiction model SOFA/MoU UN Officials, Highest Ranking Civilian Police Civilian Military Personnel and Civillian Personnel Volunteers Members clauses are Development of a comprehensive UN database of all peacekeepers and their and Locally UN of National unclear and Recruited Officials other than Contingents problematic Personnel UN Officials history 5 WILL BE PROSECUTED IN Blacklisting of peacekeepers with a history of abuse by the UN from all missions Hiring of peacekeepers with a known history of Host State Sending State abuse HOST STATE UN Officials, Volunteers and Locally Recruited Personnel Contractor Limitations Solutions and Obstacles Deficiency in Human Rights Standards Promotion and Protection of Human Lex Loci Delicti Commissi (Law of the place where the crime was Rights Distrust by the Local Community of International Forces PKO engagement with host community committed): The first principle in conflict of laws governing primary jurisdiction lies with the host state. Strengthening of Whistleblower Protections Whistleblower The Whistleblower Sanctions International Network is a good place to find an NGO near you to support whistleblowers. Contact NGO that protects whistleblowers Report Crime to the Local Police/Investigation Lack of Capacity to Investigate UN assistance for capacity building and standard setting UN Policy not to move the accused Transfer of the Sending State policy not to move the accused Accused out of State Reform of Model SOFA/MoU Transfer of the Case National laws dictating these cases do not go to a military tribunal to a Military Tribunal Police Refer the Case to Public Prosecutor Get in touch with local Sexual Violence, lawyers, NGO's, national human rights institutions or Abuse, Low priority Exploitation and Human national ombudsman Trafficking are not covered by Go to Press UN assistance for capacity building and standard setting Functional Lack of Capacity to Prosecute Immunity. Public Prosecutor Pursues Case in Local Court Deficiency in Legal System to Ensure Convictions UN assistance for capacity building and standard setting %3D Local Court Convicts Perpetrator If prosecution by the host state is not an option, the responsibility to prosecute lies with the sending state. SENDING STATE Civilian Police Civilian Military UN Officials, Highest Ranking UN and Civilian Personnel Members of Volunteers and Personnel National Contractors where Officials other than UN Contingents Local Prosecution Officials Failed Lex Loci Patriae (Law of the place of nationality of the accused): The secondary principle in the conflict of laws, dictating the sending state of the Waiving of Immunity by UN Secretary Personal Immunity (only for the highest ranking UN officials) General Waiving of Immunity by Sending State accused has Refer the Case to Public Prosecutor secondary jurisdiction UN Secretary General has the "right and the duty" to waive immunity “in any case where, in his opinion, the immunity would impede the course of justice and can Public Prosecutor Pursues Case in Court Stress Erga Omnes Obligations to Prosecute Reluctance to Prosecute UN Blacklisting of troops from States who refuse to prosecute offences be waived without Sending State's Court Convicts prejudice to the interests of the If prosecution by the sending state is not an option, the responsibility to prosecute lies with third states. United Nations". Perpetrator THIRD STATES Info: Universal Jurisidiction means certain states accept jurisdiction for the prosecution of certain crimes Refer the Case to Public Prosecutor States who have Prosecuted under Limitations in Willing States committed outside Universal Jurisdiction of its territory by non-nationals. Belgium Limitations in Accepted Crimes Torture Germany Terrorism Nuclear smuggling Naval piracy Airplane hijacking Genocide Crimes against Humanity War crimes Public Prosecutor Pursues Case in Court France Spain Australia Third State's Court If prosecution by third states is not an option, the responsibility to prosecute lies with the International Criminal Court (lIC) Convicts Perpetrator ICC State Referral Jurisdiction Security Council Referral Proprio Motu Trigger Limitations in Accepted Crimes Crimes against Humanity (Article 7 Rome Statute) War Crimes (Article 8 Rome Statute) Minimum Thresholds: Attack Policy Element Widespread or Systematic he ICC is a court of last resort. Only cases that have not or could Mens Rea not have been prosecuted elsewhere may be dealt with by the IC. ICC Convicts Perpetrator ENDPOINT Does this seem anything like the fair, transparent and accessible process these victims have a fundamental right to? Join the Women's International League for Peace and Freedom today in advocating for a better system BASED ON LAW, NOT MORAL PRINCIPLES, and help change your world today! Women's International League for Peace and Freedom WILPE www.wilpfinternational.org 2013