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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.
List of contents
Chapter 1. UN Peacekeepers, the Military, and Sexual Exploitation.- 1.1 The Military, Peacekeepers and Sex Trade.- 1.2 Violence against Women.- 1.3 Peacekeepers and HIV/AIDS Transmission.- 1.4 Effects on the Mission of Sexual Exploitation and Abuse by Peacekeepers.- 1.5 Reporting and Scholarship.- 1.6 Criminal Jurisdiction over Peackeepers.- 1.7 Case Studies: Australia and the United States.- 1.8 Military is a 'Special Community'.- Chapter 2. National Criminal Jurisdiction over Australian and Us Military Personnel.- 2.1 Law Applicable to Australian Defence Force Personnel.- 2.2 Extraterritorial Jurisdiction over Australian Defence Force Personnel.- 2.3 Law Applicable to the United States Armed Forces.- 2.4 Extraterritorial Jurisdiction over the United States Armed Forces.- 2.5 Extraterritorial Jurisdiction over Civilians Accompanying or Employed by the United States Armed Forces.- Chapter 3. General Criminal Provisions of Us and Australian Military Disciplinary Law.- 3.1 Section 60Australian Defence Force Discipline Act.- 3.2 Articles 133 and 134 of the US Uniform Code of Military Justice.- 3.2.1 Article 133 Conduct Unbecoming.- 3.2.2 Article 134 The General Article.- Chapter 4. Rape.- 4.1 Conduct.- 4.2 Consent.- 4.3 Force and Threats.- Chapter 5. Prostitution-Related Conduct.- 5.1 UCMJ Article 133.- 5.2 UCMJ Article 134.- Chapter 6. Sexual Exploitation.- Chapter 7. Human Trafficking and Sexual Slavery.- Chapter 8. Hiv/Aids-Related Offences.- 8.1 Australia.- 8.2 United States.- Chapter 9. Transnational Regulation of Peacekeeper Sexual Exploitation as Part of a Rights-Based Approach.
About the author
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.
Summary
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
