10 Children’s Legal Rights Journal [Vol. 38: 1 2018]
addressed. 37 This type of situation leads, as Gill notes, to “certain…legal questions… including
those relating to accountability and possible legal responsibility.” 38 Gill points out that “the UN
will not accept responsibility” for wrongdoing by military perpetrators participating in a UNmandated mission where authority “has been delegated to a regional organization or group of
States.” 39 Thus, the general practice is that Member States of the UN are held responsible for the
conduct of their military forces: 40
The individual countries (known as “Troop Contributing Countries” or “TCCs”
for short) that provide military enter into Memoranda of Understanding with the
UN. These MOUs stipulate that only the TCC can prosecute its own military
members for crimes committed on mission… They can only be prosecuted by
their own countries, and not by either the UN or the country where they are
serving (referred to as the “host country”). 41
Thus, the TCCs have exclusive jurisdiction over their forces in accountability measures to be taken
for misconduct of these nationals in terms of potential criminal prosecution. 42 Hence, the UN
generally takes the position that it does not assume any legal liability should there fail to be
adequate such measures taken by the TCC regarding their military and allied civilian peacekeeper
The Security Council under Chapter VII of the UN Charter set the MINUSCA mandate to
include “protection of civilians as its utmost priority.” 43 MINUSCA commenced its mandated
tasks through its military and police contingents on September 15, 2014.44 One of MINUSCA’s
prime responsibilities as stipulated by the UN is “to provide specific protection for women and
children affected by armed conflict.” 45 MINUSCA’s other tasks include, among other things,
“support for the transition process; facilitating humanitarian assistance; promotion and protection
of human rights; support for justice and the rule of law; and disarmament, demobilization,
reintegration and repatriation processes.” 46
Certain troops, separate from those that comprise MINUSCA, were also deployed to CAR
as further reinforcement in carrying out the UN peace mandate, and worked alongside the troops
that were part of MINUSCA. 47 These forces, such as the Sangaris forces of France, acted as agents
37 Id. at 47.
38 Gill, supra note 35, at 39.
39 Id. at 53–54.
40 Dieter Fleck, The Legal Status of Personnel Involved in United Nations Peace Operations, 95 INT’L REV. OF THE
RED CROSS 613, 616 (2013).
41 Fact Sheet, supra note 10.
42 Rembert Boom, Impunity of Military Peacekeepers: Will the UN Start Naming and Shaming Troop Contributing
Countries?, AM. SOC’Y OF INT’L L., Insights Vol. 19, Issue 5 (Nov. 24, 2015),
43 MINUSCA, supra note 34.
45 MINUSCA, supra note 34.
47 S.C. Res. 2149, at point 47 (Apr. 10, 2014), available at https://www.un.org/sc/suborg/en/s/res/2149-%282014%29.