Study On The Jurisdiction And Criminal Exemption Of The United Nations Peacekeepers

Since the United Nations Peacekeeping Operations carried for nearly 70 years,it has made many achievements in the world.Nevertheless,there is no clear provisions for the issue in the Charter,and the United Nations Peacekeeping Operations are the product of United Nations practice.In spite of this,United Nations Peacekeeping Operations have created a number of prevailing actions and practices.In principle,the United Nations Peacekeeping Operations comply with the principle of "Consent,Neutrality and Non-Mandatory".That is to say,the Operations should first be agreed by the host country.Secondly,the consent of the sending State and other countries concerned with the Peacekeeping operation is necessary.Neutral means that the peacekeepers should be impartial in actions.And Non-coercive means the realization of the buffer between the parties to the conflict through non-military,which is the major aspect of United Nations Peacekeeping Operations that distinguishes it from other military acts.In practice,the main basis for the act is the lawful and effective Council resolution,the conduct of the operations is command by the Secretary-General,and the participation and support is fiom the Member States,which is not only in relation to the personnel and material support,but also for the need of passage.Based on the special status of the United Nations and the Security Council,the global Peacekeeping Operations can be deployed to better fulfill the Charter.Peacekeepers provide the host country with a full range of support for public safety,national politics and economic construction,helping the region in conflict to overcome difficulties,ending the conflict and achieving peace as soon as possible.The practice of the United Nations Peacekeeping Operations over the past seven decades has shown that Peacekeeping Operations have made outstanding contributions in alleviating regional conflicts and maintaining peace and security in the world.But in the recent years,the issue of crimes committed by peacekeepers in peacekeeping operations in the United Nations has attracted more and more attention from the United Nations.In view of the fact,there is no clear legal provision in the practice,and because of the lack of effective learning and training systems,some peacekeepers have a misunderstanding of the scope of their privileges and immunities,The lack of proper understanding and awareness of the law of the host country or other interested countries is an important reason for the repeated acts of criminal actions.There are many shortcomings in the jurisdiction of this.In principle,both parties have the power to exercise jurisdiction,including at the international and the domestic level,but because of the lack of appropriate and reasonable regulation in the international context,there is a lack of exchange and cooperation between countries.In the practice of jurisdiction,either the host State can not exercise jurisdiction,or the sending country evades jurisdiction.Both ultimately lead to such "misconduct" behavior is difficult to be investigated.It is a great blow for both the people in conflict contries and the United Nations peacekeeping operations itself.This paper is mainly about the Jurisdicition and Criminal Exemption of the United Nations Peacekeepers.On the one hand,it elaborates the criminal jurisdiction immunity accorded to the peacekeepers.And on the other hand,by analysising the problem of jurisdiction,the author aims at putting forward to some corresponding recommendations for this.Chapter ? analyzes the basic theories of the United Nations Peacekeeping Operations,the classification of UN peacekeepers and their responsibilities and the development procedures of the United Nations Peacekeeping Operations.Chapter ? focuses on the basis of international law for peacekeeping operations.Since the United Nations peacekeeping operations are primarily the product of practice,the author here analyzes the different powers and interrelations of the United Nations agencies in peacekeeping operations from a practical point of view,mainly related to the Security Council,the Secretary-General and the General Assembly.Then,the legal basis of the United Nations peacekeeping operations was introduced,from the basis of the United Nations basic documents and other forms of international law that were gradually formed in the practice.Thus,find out the basis for the United Nations peacekeeping operations from the law.Chapter ? is about the United Nations peacekeepers' crime and the jurisdiction.Firstly,it introduces the criminal situation of the United Nations peacekeepers in the host country,including the causes of the crime,the characteristics and types,and then introduces the criminal jurisdiction immunity of the peacekeepers from the theoretical basis and the legal basis.Pave the way for the jurisdicition in Chapter Four below.Chapter ? is about the jurisdiction from the view of jurisdiction.Specifically,according to the practice and theory of both in the international law and the domestic law,the problem of jurisdiction is analyzed.By analyzing the advantages and disadvantages of different types of jurisdiction,the paper aims at put forwarding some reasonable suggestions on the jurisdiction of the crimes committed by the United Nations Peacekeepers.