(2020-01) Litigating Peacekeeper Child Sexual Abuse: A Report by REDRESS and CRIN
Summary — REDRESS and CRIN report analyzing the rare litigation brought by victims of child sexual abuse by UN peacekeepers, including Haiti case studies, identifying obstacles such as immunities and weak investigations, and proposing strategic litigation avenues.
Key Findings
- Despite the documented prevalence of peacekeeper child sexual abuse, researchers located fewer than ten cases worldwide in which victims used the courts. In every case study examined, suspected perpetrators were not convicted or received lesser sanctions than their crimes merited, and no victim received full reparations. Key obstacles include delayed or poor-quality investigations, immunities and Status of Forces Agreements that block host-country prosecutions, exclusive troop-contributing-country jurisdiction, and non-transparent court martial processes. The report recommends strategic litigation, including through regional and international human rights bodies, and reforms to troop-contributing-country laws and UN practice.
Full Description
This report by REDRESS and CRIN, produced with pro bono support from White & Case and published in January 2020, examines litigation by victims of child sexual abuse committed by UN peacekeepers. A multilingual research team located fewer than ten cases worldwide in which victims used the courts, despite the documented prevalence of sexual exploitation and abuse. Six case studies are analyzed, three involving Haiti: criminal and civil proceedings in Uruguay for events in Haiti, paternity claims in Haiti, and criminal prosecution in Pakistan with civil proceedings in Haiti. In every case study, suspected perpetrators were not convicted or received lesser sanctions, and no victim received full reparations. The report identifies obstacles including poor investigations, immunities and exclusive troop-contributing-country jurisdiction, and opaque court martial processes. It proposes strategic litigation avenues against individual perpetrators and troop-contributing countries, including regional and international human rights bodies, and sets out a human rights-based framework and recommendations for reform of UN and troop-contributor policies.
Notes
REDRESS and CRIN report distributed via the IJDH collection; English original (catalog title in French); ayitistats wave B