Holding UNPOL to account : individual criminal accountability of United Nations police personnel / by Ai Kihara-Hunt.
2017
KZ6374 .K545 2017 (Map It)
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Details
Author
Title
Holding UNPOL to account : individual criminal accountability of United Nations police personnel / by Ai Kihara-Hunt.
Published
Leiden ; Boston : Brill Nijhoff, [2017]
Call Number
KZ6374 .K545 2017
ISBN
9789004328808 (hardback ; alk. paper)
9004328807 (hardback ; alk. paper)
9789004328815 (e-book)
9004328807 (hardback ; alk. paper)
9789004328815 (e-book)
Description
xxiv, 433 pages : color illustrations ; 25 cm.
System Control No.
(OCoLC)965535112
Summary
Ai Kihara-Hunt?s 'Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel' analyzes whether the mechanisms that address criminal accountability of United Nations police personnel serving in peace operations are effective, and if there is a problem, how it can be mitigated. The volume reviews the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police, and examines the jurisdictional and immunity issues involved. It concludes that these do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions, as well as a lack of transparency, which makes it difficult accurately to determine the scale of the problem.
Note
Based on the author's thesis (doctoral - University of Essex, School of Law, 2015) issued under title: Individual criminal accountability of UN police personnel.
Ai Kihara-Hunt?s 'Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel' analyzes whether the mechanisms that address criminal accountability of United Nations police personnel serving in peace operations are effective, and if there is a problem, how it can be mitigated. The volume reviews the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police, and examines the jurisdictional and immunity issues involved. It concludes that these do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions, as well as a lack of transparency, which makes it difficult accurately to determine the scale of the problem.
Ai Kihara-Hunt?s 'Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel' analyzes whether the mechanisms that address criminal accountability of United Nations police personnel serving in peace operations are effective, and if there is a problem, how it can be mitigated. The volume reviews the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police, and examines the jurisdictional and immunity issues involved. It concludes that these do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions, as well as a lack of transparency, which makes it difficult accurately to determine the scale of the problem.
Bibliography, etc. Note
Includes bibliographical references (pages 353-428) and index.
Available in Other Form
Online version: Kihara-Hunt, Ai. Holding UNPOL to account. Leiden ; Boston : Brill Nijhoff, 2017 9789004328815 (DLC) 2016059779
Record Appears in
Table of Contents
Foreword
ix
Acknowledgements
xi
List of Cases
xii
List of Treaties
xix
Acronyms
xxi
1.
Introduction
1
1.
Issue
1
2.
Evolution of un Peace Operations
3
3.
Scope of This Work
5
4.
Issues Outside the Scope of This Work
8
5.
Structure
10
6.
Definitions and Clarifications
11
7.
Conclusion
13
2.
Un Police in Peace Operations
15
1.
Evolution of the Functions of the un Police in un Peace Operations
16
1.1.
Creation of the Institution of the un Police
17
1.2.
Post-cold War
22
1.3.
From Monitoring to Reform
27
1.4.
Multi-dimensional Policing
28
1.5.
Executive Policing
31
1.6.
Formed Police Units
32
1.7.
Holistic `rule of law' Approach
34
2.
Growth in Size of the un Police
38
3.
Ensuring the Deployment of the Required Types of Personnel
42
3.1.
Expertise Required of un Police Officers
42
3.2.
Personal Qualities Required
50
3.3.
un's Efforts in Securing Adherence to the Required Criteria
52
4.
Conclusion
62
3.
Evidence of the Commission of Crimes by un Police
65
1.
Findings Regarding Particularized Allegations
69
Misconduct Entries over Time
71
Nature of Alleged Crimes
88
Nationality of Suspects
91
Prosecution
92
2.
Possible Patterns of Criminal Conduct
95
2.1.
Evidence of the Scale of Wrongdoing
97
2.2.
Nature of Alleged Criminal Offences
104
2.3.
Analysis in Relation to the Sending State
107
2.4.
Possible Reasons for the Patterns
110
3.
Evidence of Prosecution
114
4.
Conclusion
117
4.
Current UN Machinery for Collecting Information Regarding Alleged Crimes for Domestic Criminal Proceedings
119
1.
Benchmarks
120
Benchmark 1
120
Benchmark 2
120
Benchmark 3
122
Benchmark 4
123
2.
Evolution of the Approach to, and the Mechanisms for, Dealing with Criminal Misconduct
123
3.
Analysis of the Mechanisms' Performance
134
Benchmark 1
134
Benchmark 2
158
Benchmark 3
172
Benchmark 4
178
5.
Criminal Jurisdiction under International and National Law
188
1.
Introduction
188
2.
Criminal Laws to Which the un Police are Subject
191
2.1.
Host State's Criminal Law
191
2.2.
Sending State's Criminal Law
202
3.
International Law Governing Jurisdiction
202
3.1.
Host State Jurisdiction
204
3.2.
Sending State's Jurisdiction
206
3.3.
Exercise of Criminal Jurisdiction by Other States
208
4.
National Laws Dealing with Jurisdiction
212
4.1.
Host State
213
4.2.
Sending States
213
4.3.
National Laws Governing the Jurisdiction of Other States
223
4.4.
Competing Bases of National Jurisdiction
226
5.
Conclusion
227
6.
Immunity as a Potential Legal Barrier
230
1.
Law of Immunity
231
1.1.
Rationale for Immunity
231
1.2.
Sources
234
1.3.
Status of un Police Personnel in Terms of Immunity
239
1.4.
Scope of Immunities for un Police Personnel
246
1.5.
Determining the Scope of Immunity, and When it May be Waived
263
2.
Application of Immunity in Practice
272
2.1.
Inappropriate Assertions of Immunity
275
2.2.
Inappropriate Use of Waiver
277
3.
Conclusion
279
3.1.
Theory
279
3.2.
Practice
282
7.
Is There an Obligation to Investigate and Prosecute?
287
1.
IHRL Monitoring Mechanisms
288
2.
State's Obligation to Investigate and Prosecute un Police Officers, in Relation to Serious Crimes
290
2.1.
Existence of the Obligation in General
291
2.2.
Two Ways in which the Obligation to Investigate and Prosecute Arises
294
2.3.
Does it Matter Which Substantive Right is at Issue?
299
3.
Scope of the Obligation
301
3.1.
Obligation to Investigate
301
3.2.
Obligation to Prosecute and Punish
307
4.
Obligation of the Host State to Investigate and Prosecute
311
5.
Sending State's Obligation
315
6.
Special Circumstances Pertaining to Formed Police Units (FPUS)
317
7.
Does Immunity have any Impact on a State's Obligation to Prosecute?
323
8.
Does the un have an Obligation to Investigate and Prosecute Crimes Committed by un Police Officers?
325
8.1.
Applicability of ihrl to the un
326
8.2.
Content of the un's Obligations
331
9.
Conclusion
338
8.
Conclusion
341
Bibliography
353
Index
429