Nguyen Thi Thu Quynh
Presentation on the Thesis topic
To be presented on 9 November 2007
Thesis title: Justice for victims of violations by peacekeepers
I/ The research question:
Should peacekeepers be immunized from prosecution?
II/ Background:
Half a century after the adoption of the Universal Declaration for Human Rights (1948),
with the adoptions of the international treaties which are the two Covenants on Civil and
Political Rights and on Economic, Social and Cultural Rights, the Convention on the
Elimination of Racial Discrimination, the Convention on the Elimination of
Discrimination against Women, the Convention against Torture and the Convention on
the Rights of the Child it can be said that the norms and standards setting process is rather
complete. An important work today for every nation state and the international
community is to ensure the full implementation of those norms and standards. The work
can only be fully achieved when there are willingness, efforts and cooperation from every
individual in the world, from every government state and international community. The
international community is moving toward to achieve that end. There are still problems,
still violations here or there, it’s quite natural and understandable, however how nation
states and international community dealing with those violations, how they protect and
ensure justice for the victims of the violations is the most obvious way of expressing their
willingness and effort in the long course of human rights protection and promotion.
The end of the Cold War does not mean peace and security is guaranteed every where,
regional conflicts even become more numerous since then, and consequently the number
of Peace Keeping Operations has increased noticeable. One the one hand the role of
PKOs in ensuring peace and security is undeniable, but on the other hand there is
growing reports about violations committed by peacekeepers. Obviously we can not stop
deploying the PKO just because of those violations by its troops. International
community in general is firmly committed to ensure justice for every one regardless of
who are the violators. However with the special characteristics of the violators in the case
of PKOs, there is difficulties of ensure of justice for victims. To study of the application
of international human rights and international humanitarian laws, international criminal
law involving PKOs is the aim of this thesis and there will be some recommendations for
the problem afterwards.
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III/ Existing studies:
A number of books, articles have been published on the issue of the application of
international human rights and humanitarian laws in conflicts, the responsibility and
accountability of all parties concerned in a conflicts, and on prosecution of violators in
general and peacekeepers in particular …, based on those previous studies and some
other sources of information I will use the combined approach for my thesis to describe
and analyze the legal ground for holding peacekeepers be accountable for their acts, the
violations committed by them, the process and difficulties of prosecuting the perpetrators
in those cases.
IV/ Methodology
I will use descriptive method to describe about the human rights violations in PKOs with
data and sources from published reports, articles. To analyze the violations of
peacekeepers, I will use the international law and international relations method in order
to be able to draw out a broad picture on the process of prosecution the perpetrators,
ensuring justice for victims (the influencing factors that make difficult the prosecution
process of violators, the arguments by nation states and international community on the
question of should peacekeepers be given immunity right …). Using positivism to
provide legal grounds of peacekeepers’ accountability and responsibility so that I can
make a conclusion that peacekeepers should be held accountable for their acts in all
circumstances.
The outline of the thesis is as followed:
 Introduction
 Chapter 1:

Brief definition of the PKO, overall information about PKOs.

Legal ground for PKO, criminal liability of peacekeepers and the issue of
jurisdiction over violations committed by peacekeepers:
- The UN Charter: Articles … chapter VI, VII;
- International treaties such as ICC Statute, international human rights
conventions and humanitarian law;
- Relevant UN resolutions and agreements on PKOs
 Chapter 2:
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 The violations committed by peacekeepers
 How was the persecution of perpetrators taking place (how was the justice
implemented towards victims of those cases), the jurisdiction on those cases.
 The sub-conclusion on the characteristics of the perpetrators in the case of PKOs,
weaknesses of the discipline system for peacekeepers, justice towards victims in
those case
 Chapter 3: Conclusion
 The role of UN in creating human rights norms and standards and the respect by it
in reality
 The discipline system for peacekeepers (existence, weaknesses …)
 The liability of peacekeepers and parties concerned
 Recommendations
Main sources: both primary and secondary sources are used
-
United Nations Charter (chapter VI, VII …)
The Statute of the International Criminal Court
The Geneva Conventions 1949
International Human Rights and Humanitarian Law, International Criminal Law
Books on UN Peace Keeping Operations, persecution of peacekeepers
Reports of Human Rights Watch, Amnesty International
Information from websites of UN, ICC, EcHR, …
Some law journals …
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