International Law as a Regulatory Framework for Sexual Crimes Committed by Peacekeepers

被引:2
|
作者
Simm, Gabrielle [1 ]
机构
[1] Australian Natl Univ, Regulatory Inst Network RegNet, Canberra, ACT, Australia
来源
JOURNAL OF CONFLICT & SECURITY LAW | 2011年 / 16卷 / 03期
关键词
D O I
10.1093/jcsl/krr019
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
International Law provides a framework for regulating sexual crimes committed by peacekeepers. This article includes in the definition of peacekeepers private military contractors and humanitarian non-government organization (NGO) workers, who increasingly act as subcontractors and partners in UN peace operations. Drawing on the socio-legal field of regulatory studies, this article assesses the ability of international law to function as a regulatory regime in terms of its ability to set standards, monitor compliance and enforce standards. It does this through a survey of the international law on jurisdiction, responsibility of states and international organizations, and immunity. The article argues that international law's strength lies in standard setting, but some of its standards are problematic, and it is weak in both monitoring and enforcement mechanisms due to its heavy reliance on states as regulators at international law.
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页码:473 / 506
页数:34
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