ABSTRACT
The International Criminal Court (ICC) has been discussed by many commentators as a legitimate option for improving accountability of peacekeepers. It has been argued that where the troop-contributing country is unwilling or unable to prosecute its nationals for sexual exploitation and abuse, the ICC should be considered. It has been equally argued that extending the jurisdiction of crimes currently listed is unlikely and that perhaps it is better to amend the treaty that established the ICC, the Rome Statute, in order to incorporate the prosecution of sexual exploitation and abuse by peacekeepers. The chapter explores the possible impact of Security Council referrals in the peacekeeping context. The drafting history of the Rome Statute reveals that tightly defined crimes were preferred in order to gain widespread agreement across many states. A new provision in the Rome Statute may be justified by pointing to the increased international attention paid to the protection of human rights during and after conflict.
