Prosecution of SANDF soldiers by South African military courts for violations of un sexual abuse and exploitation during peacekeeping operations

Abstract

Allegations of Sexual Exploitation and Abuse (SEA) have been plaguing the United Nation (UN) missions around the world. In 2004 a series of sexual abuse scandals in the UN peacekeeping mission in the Democratic Republic of the Congo (DRC) made international headlines. The UN forbids its peacekeepers and other personnel from engaging in sex with the local communities it operates in. Despite the efforts of the South African government to fulfill the country’s international commitment to ensure the eradication of SEA matters in the DRC, there are still some challenges hindering the government’s efforts. Currently South Africa does not have specific legislation pertaining to SEA. The South African Government has pointed out that ill-disciplined soldiers will not be tolerated and that the current Military Disciplinary Code will be replaced with a new Military Disciplinary Bill, with one of the aims being the criminalisation of SEA. Different legislation is currently used to prosecute soldiers with the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 being one of the most important legislations. The military prosecution system can prosecute members not only in South Africa but also outside the RSA, in peace time as well during war. This paper discusses how UN SEA offences are prosecuted during peacekeeping missions by SANDF military courts. It examines whether the current legislation is effective or whether new legislation should be enacted with harsher penalties to deter soldiers from committing SEA.