An Analysis of Criminal Jurisdiction over Peacekeeping Personnel

On numerous occasions over the past decades, the United Nations peacekeepers have been charged with various offences against the civilian populations they are commissioned to serve. To render criminal justice, exercising jurisdiction over the accused is a requirement. Agreements between States and the UN prescribe that the peacekeeping personnel shall exclusively be subject to jurisdiction of the home States. further, the contributing States shall retain exclusive jurisdiction over violation of International Humanitarian Law by peacekeeping forces. The present article examines the criminal jurisdiction of national courts and the obligation of home States to prosecute such offences, and it further attempts to discuss, inter alia, ICC role in this issue.