Sexual Exploitation and Beyond: Using the Rome Statute of the International Criminal Court to Prosecute UN Peacekeepers for Gender-Based Crimes

This article discusses reported misconduct by UN Peacekeepers and whether the sexual crimes they commit should and can be prosecuted by the International Criminal Court (ICC). The author emphasizes that the socio-economic post-conflict position of women makes them vulnerable to sexual exploitation and other gender-based crimes. Rather than protecting civilians, in some cases UN peacekeepers offer women goods, money, or services in exchange for sexual favors. The author argues that first responsibility falls on states to prosecute these crimes. However, the ICC must be considered as a jurisdictional option. She examines the jurisprudence on rape and gender-based crimes prosecuted by the ICC, and considers whether sexual exploitation constitutes an offence under the Rome Statute. She concludes that gender based crimes prosecuted by the Statute is sufficiently broad enough to grant the ICC jurisdiction over most sexual crimes committed by UN peacekeepers.