ABSTRACT

This chapter begins with a brief overview of the status quo of jurisdiction in peacekeeping operations, followed by the conceptual and practical benefits of host state jurisdiction over peacekeeping crimes. It discusses various methods of incorporating host state jurisdiction that include an exploration of the Group of Legal Experts' proposed convention and the North-Atlantic Treaty Organisation Status-of-Forces Agreements (SOFAs). Under the United Nation Model SOFA, the troop-contributing countries has exclusive criminal jurisdiction over its national military personnel. Therefore, although members of national contingents are expected to respect local laws and customs, the host state waives its territorial jurisdiction under the SOFA. There are certain practical and conceptual benefits to the host state having jurisdiction over sexual exploitation and abuse. Trials that take place within the community of the victim ensure that justice is seen to be done. To exercise criminal jurisdiction involves different components such as arrest, investigation, prosecution, and sentencing.