Perova, Natalia
(2015).
The United Nations, member states and individuals sharing international responsibility for serious violations of international law committed during peace support operations.
University of Birmingham.
Ph.D.
Abstract
This thesis is dedicated to the analysis of state responsibility, United Nations’ responsibility and individual criminal responsibility of peacekeepers for the crimes committed during Peace Support Operations (“PSOs”). It looks into the way public international law, international criminal, humanitarian and human rights law applies in the context of PSOs. The purpose of the thesis is to show that the UN, troop-contributing states and individual peacekeepers share international responsibility for the violations of international law committed during PSOs.
This thesis proves that the conduct of peacekeepers is attributed not only to the UN, but also to troop-contributing states and depends on effective control exercised in fact by the UN Force Commander and national contingent commanders over particular conduct. Both international humanitarian law and human rights law are applicable to PSOs and can be breached by the UN and render it international responsible. Despite immunities and exclusion of the host state jurisdiction, peacekeepers cannot avoid international criminal responsibility in domestic courts and International Criminal Court. Applying the system of international responsibility to the case-studies, the thesis concludes that the UN, states and individuals cannot escape international responsibility by relying on international status and mandate of PSOs.
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