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Assessing the theoretical and practical grounds for holding the United Nations accountable for its wrongful actions in peacekeeping operations

Balat, B. (2024) Assessing the theoretical and practical grounds for holding the United Nations accountable for its wrongful actions in peacekeeping operations. PhD thesis, University of Reading

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To link to this item DOI: 10.48683/1926.00116053

Abstract/Summary

This thesis examines the United Nations’ (UN) accountability in peacekeeping operations, focusing on its role in global governance and human rights responsibilities. International scholars have examined to what extent the UN has obligations under international law, considering the concept of responsibility. The purpose of this thesis is to complement these analyses by investigating whether the UN is accountable for any breaches of these obligations. To pursue this aim, this thesis first examines accountability as a stand-alone concept and its relationship to preventing UN power abuses and safeguarding human rights. Through this enquiry into the meaning of accountability, this thesis concludes that an effective accountability system requires a transparent account-giving process and meaningful outcomes. Building upon this initial finding, it conducts a thorough examination of existing mechanisms from a socio-legal perspective that integrates theories from international relations and human rights, providing a comprehensive analysis. Secondly, this thesis draws upon concrete instances of allegations concerning sexual exploitation and abuse in UN peacekeeping operations within the Central African Republic. Consequently, this research argues that the UN has failed to provide an accountability framework for itself and its peacekeepers, as existing mechanisms have failed to meet the fundamental elements of accountability, impeding efforts to prevent abuses of power and safeguard the right to access justice. The discerned gaps are attributed to the lack of clarity in rules and mechanisms, as well as the improper implementation of immunity rules. The findings of this study underscore the imperative for a fortified accountability mechanism within the UN to eradicate abuses of power and enhance rights protection. This thesis does not propose a detailed model mechanism for solving these problems. However, it does suggest that if they include the constitutive elements of accountability, non-legal mechanisms may be a way to hold the UN accountable as a political institution.

Item Type:Thesis (PhD)
Thesis Supervisor:Freedman, R.
Thesis/Report Department:School of Law
Identification Number/DOI:https://doi.org/10.48683/1926.00116053
Divisions:Arts, Humanities and Social Science > School of Law
ID Code:116053

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