Norms Governing Criminal Accountability of African Union Peacekeeping Forces in Somalia for Sexual Exploitation and Abuse: Focusing on Ethiopian Troops
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Date
2023-01
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AAU
Abstract
Sexual exploitation and abuse (SEA) by peacekeepers arise in crisis and conflict settings, where systems of protection, security, and justice break down and women and girls are left particularly vulnerable. The issue of SEA by AU peacekeepers remains a problem in ever-changing regions where conflict dynamics are evolving at every moment. There needs much to be done to implement AU’s zero-tolerance policy on the ground to completely eradicate sexual exploitation and abuse caused by its peacekeepers. Likewise, African Union Mission in Somalia (AMISIOM) mission has been criticized for sexual and gender-based violence (SGBV) against Somali women and girls that is mandated to protect. There are indeed lot tones of research in this area but little is known regarding criminal accountability of sexual exploitation and abuse committed by Ethiopian troops in the AMISIOM mission particularly. Thus, the present study aimed to investigate and assess the respective responsibility of AU and troop-contributing countries to prevent SEA in the AMISOM mission and the applicable legal and policy frameworks that address SEA during peace support operations. The research reviewed reports and investigations on SEA in AMISOM mission by international and regional organizations and also evaluated legal instruments including laws, conventions, and resolutions. In addition, a semi-structured interview was conducted with Ethiopian legal advisor to the AMISIOM mission, Ethiopian military Court and Training and Education Dean. According to the study, the current legal and policy frameworks regarding SEA in peacekeeping missions remain to be insufficient where there is no comprehensive law to address sexual abuse with specific provisions for investigation, prosecution, and punishment of the perpetrator. Thus, this research recommends the Ethiopian legislative organ to ensure the appropriateness and adequacy of laws against sexual exploitation and abuse in peacekeeping missions. In addition, the law does not govern how the Ethiopian law enforcement agencies work in cooperation with host states, the AMISOM, and its agencies in bringing suspects to justice. Therefore, Ethiopian military court shall be entitled to assume jurisdiction because violation of jus cogens elements force a states to assume jurisdiction.
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Keywords
AMISIOM, sexual exploitation abuse, criminal accountability, legal and policy frameworks.