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Sexual exploitation and abuse (SEA) of women and children by peacekeepers is an issue that hit the headlines over two decades ago. In that time, the UN has developed policies aimed at prevention, including the creation of a Conduct and Discipline Unit. However, as recent allegations and scandals demonstrate (in 2015/6), SEA continues to be perpetrated by peacekeepers. Allegations of crimes by peacekeepers include rape, sexual exploitation, human trafficking, and sexual slavery. This paper will present an overview of the UN SEA prevention policies, discussing the successes and failures within the application of those policies, and where the UN can go from here.
A significant concern is the fact that peacekeepers have been committing these sexual offences with impunity. Preventive justice is one of the main areas where states fail to act, despite exclusive criminal jurisdiction over peacekeepers being granted to their sending states. The second part of this presentation will analyse the reasons behind states’ failures, including patriarchal cultures and inadequate legislation. Considering the USA and Australia as examples, this paper will demonstrate how states do not have the ability to prosecute their personnel for crimes committed, thus contributing to ongoing commission of and impunity for SEA by peacekeepers.