This compelling book delves into the critical issue of accountability within the United Nations (UN) peacekeeping operations, with a particular focus on its global governance role and human rights responsibilities. Through a comprehensive socio-legal approach, it explores whether the UN can be held accountable for breaches of international law and its own obligations. By analyzing the concept of accountability and its importance in preventing power abuses, the book reveals that existing mechanisms are inadequate in ensuring transparency and meaningful justice.
The study takes an in-depth look at real-world cases, such as allegations of sexual exploitation and abuse by UN peacekeepers in the Central African Republic, to highlight how gaps in the UN's accountability framework hinder efforts to protect human rights and prevent misconduct. It argues that the failure lies in unclear rules, ineffective mechanisms, and the misuse of immunity protections, ultimately preventing victims from accessing justice.
While this book does not offer a specific solution, it emphasizes the need for stronger accountability mechanisms within the UN and suggests that non-legal avenues may play a crucial role in holding the organization accountable as a political institution. Insightful and thought-provoking, this book is essential reading for those interested in international law, global governance, and human rights.(ARKA KAPAKTAN)
İÇİNDEKİLER
Chapter 1: Introduction
1.1. Introduction and Overview
1.2. Notes on Terminology
1.3. Methodology
1.4. Chapter Overview
PART I
CONCEPTUAL AND THEORETICAL ANALYSIS OF UN ACCOUNTABILITY
Chapter 2: Conceptual Analysis of the United Nations and Accountability
2.1. Introduction
2.2. Conceptual Analysis of the UN
2.3. Conceptual Analysis of Accountability
2.4. Conclusion
Chapter 3: Examining the Accountability of the United Nations from Theoretical Perspectives
3.1. Introduction
3.2. Theories on the Status of the UN as an International Organisation
3.3. Significance of the Accountability of the UN's Global Governance Power
3.4. Conclusion
Chapter 4: Human Rights Perspective on UN Accountability
4.1. Introduction
4.2. Examining the Obligations of the UN Under International Human Rights Law
4.3. Human Rights in the context of UN Accountability
4.4. Interplay of Reparation, Justice and Accountability
4.5. Conclusion
PART II
OVERVIEW AND CRITICAL ANALYSIS OF EXISTING ACCOUNTABILITY REGIMES WITHIN THE FRAMEWORK OF UN PKOS
Chapter 5: Analysing Existing Accountability Frameworks and Identifying Accountability Gaps
5.1. Introduction
5.2. Accountability Standards for the UN
5.3. Accountability Standards for UN peacekeepers
5.4. Accountability 'for what': Analysing Articles on the Responsibilities of International Organisations
5.5. Examining Different Control Tests
5.6. Conclusion
Chapter 6: Assessing the Impact of UN Immunity on the Rights to Access Justice and UN Accountability
6.1. Introduction
6.2. Analysing the Impact of Immunity Rules on the Rights to Access Justice
6.3. Immunities and Privileges for UN Peacekeeping Actors
6.4. Obligation to Waive Immunity and Provide an Alternative Mode of Settlement as a Counterpart of Immunity
6.5. Assessing Immunity in Relation to Accountability: Implementation for UN PKOs
6.6. Conclusion
PART III
AN EMPIRICAL ANALYSIS OF THE IMPLEMENTATIONS OF THE EXISTING ACCOUNTABILITY FRAMEWORK
Chapter 7: A Case Study of Sexual Exploitation and Abuse in the Central African Republic
7.1. Introduction
7.2. Background Information: The Conflict in the CAR and the Mandate of MINUSCA
7.3. Allegations and Initial Responses
7.4. Understanding SEA in the Coercive Environment of the CAR
7.5. The Problems in Practice
7.6. The Risk of a Culture of Impunity
7.7. Conclusion
Chapter 8: Challenges in the Implementation of the Existing Accountability Frameworks
8.1. Introduction
8.2. Assessing Accountability Frameworks for Perpetrators and UN Officials in the CAR Case
8.3. Assessing the Implementation of the ARIO in the CAR case
8.4. Conclusion
Chapter 9: Conclusion and Recommendations
Appendix
Bibliography