Melanie O'Brien

‘Peacekeeper Babies’: An Unintended Legacy of United Nations Peace Support Operations

In March 2008 the United Nations General assembly adopted Resolution 62/214, which promulgated the ‘Comprehensive Strategy on Assistance and Support to Victims of Sexual Exploitation and Abuse by United Nations Staff and Related Personnel’. Although reports on widespread sexual exploitation and sexual abuse emerged in the early 1990s, until 2008 there was no strategy specifically developed to assist women sexually exploited or abused by, and children fathered by, UN peacekeepers. In this sense, the Comprehensive Strategy is groundbreaking. However, we argue that UN policy fails to distinguish adequately between sexually exploitative and consensual relationships, which can create confusion for personnel as to what sexual conduct is permitted and what is prohibited. This paper will provide a critical analysis of the Comprehensive Strategy, examining its potential and obstacles to its implementation, with specific regard to children born to peacekeeping personnel engaged in consensual relationships with local women. This examination will be conducted within the context of the case study of Marko Šušnja, born to a Bosnian peacekeeper father and East Timorese mother.

‘Don't kill them, let's choose them as wives': the development of the crimes of forced marriage, sexual slavery and enforced prostitution in international criminal law

Beyond rape, there are other crimes of sexual violence committed during armed conflicts, mass violence and genocide, including sexual slavery, enforced prostitution and forced marriage. This article explores the development in international criminal justice of these three crimes, comparing differences between the crimes, assessing any definitional overlap, and addressing challenges across jurisdictions. While there has been some development of jurisprudence in international criminal courts and tribunals, despite the extensive commission of these crimes in mass atrocities, there remains a lack of willingness by and to some extent inability of international courts and tribunals to address gender-based sexual offences. This article will conclude by confronting reasons behind this reluctance to ensure justice for female victims of sexual violence.

Interview Techniques in International Criminal Court and Tribunals

In this chapter we will discuss the interview techniques that interviewers report being used in international criminal courts and tribunals such as at the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Court (ICC) with regards to suspects and “insider witnesses” to alleged international crimes (war crimes, crimes against humanity and genocide). Much of the evidence in these trials is elicited from witnesses, victims and suspects, and therefore the way in which they are interviewed is critical to successful prosecutions of the guilty. Interviewing of suspects is as important as interviewing victims and witnesses, as this can assist with information gathering and the process towards establishing the truth (or at least partial truth) of these horrendous crimes and their surrounding context. The interviewers came from a variety of cultural and educational backgrounds (including both law enforcement and the legal profession) and, as such, international criminal investigators and prosecutors are likely to be influenced by their national training and experience. These differences may impact significantly on the interview processes and techniques used to interview individuals concerning international crimes such as genocide, war crimes, and crimes against humanity. Yet despite these differences, the interviewers endorsed establishing rapport, using open questions, and encouraging free-recall. They also emphasised the importance of using evidence effectively and being aware of cultural issues. The need for specialised training of all investigators was also highlighted, in order to ensure a certain level of competency in specific techniques.

Revolution is glorious! Revolution is no crime! International crimes and Chinese domestic law, and the Gang of Four trial

China was active in the drafting of the Rome Statute of the International Criminal Court, but has not become a state party, and the Chinese relationship with international criminal law is not strong. Given this, an examination of China’s own abilities and actions with regard to accountability for international crimes is warranted. China does not have any legislation proscribing violations of international humanitarian law, or war crimes, genocide, or crimes against humanity. This article will examine some of the options under current Chinese Criminal Law of 1997 that could be used to prosecute international crimes in lieu of express provisions. The second part of the article undertakes an international criminal law and human rights analysis of the Gang of Four trial, as the only trial of leaders linked to the mass crimes of the Cultural Revolution and thus the only real example of an attempt at accountability for mass crimes in modern China. These two parts of the article combine together to provide an analysis of China’s ability to enact and attempts at accountability for international crimes committed in China.