A Compulsory Research Submitted in Partial Fulfillment of the Requirements for Award of Bachelor of Laws (LLB) Degree of Mzumbe University
Conflicts have become part and parcel of human life, as it necessitates international communities to employ various measures so as to reduce or to eradicate the problem. Through peacekeeping operations, the United Nations has shown a great prosperity and efforts towards reducing and preventing the effects of these conflicts whether local or international.
Generally, this study assesses the potential outcomes or legal consequences for the crimes committed by UN Peacekeepers during peacekeeping operations, from them fact that after a number of reports it is now Clear that in many instances these peacekeepers go unpunished due to unfit laws at international level and failure of TCCs to prosecute them due various factors like political reasons and harshly national policies in regard to national security.
The study examined different laws and institutions that governs and regulates peacekeeping operations. The study used 20 respondents who are the international law experts and officers of different international organizations. To acquire the required data, the researcher used interviews and documentary reviews. The study was specifically limited on international law affairs or context.
The findings indicate that, laws governing peacekeeping operation are insufficient to the extent that through its loopholes the UN peacekeepers offenders of criminal offences that is sexual abuse and exploitation goes impunity. The study also reveals that vesting of exclusive jurisdiction to TCCs over UN peacekeepers crimes is another factor that propels impunity from the fact that sometimes it is hard for TCCs to exercise the jurisdiction due to variety of reasons like political reasons and harshly national policies. The justice may be done if the laws governing peacekeeping operations that provides a room for the peacekeepers to hide behind the law being restructured and amended as well.
The study recommends the laws to be amended and incorporated into the international criminal law and humanitarian law but also the international community to trigger the jurisdiction of the international criminal courts and tribunals by the way of division or chambers with exclusive jurisdiction over the crimes committed by peacekeepers and other law enforcers.