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communication against a State Party to the ACRWC whose nationals, while on a UN peacekeeping
mission, committed SEA against CAR children. For instance, SEA allegations have been made
against international peacekeepers from Burundi and Gabon concerning child victims in CAR.
Both of these States have ratified the ACRWC147; Burundi ratified the ACRWC on June 28, 2004,
and Gabon on May 18, 2007. Thus, under the ACRWC, inter-State complaints advanced by CAR,
a non-State Party to the African Children’s Charter, against Burundi and Gabon for the latter two
States failing to prevent SEA of CAR children by their respective peacekeeper nationals and/or
failing to hold these peacekeepers accountable through criminal prosecution is permissible.
In addition, under the ACRWC, the Committee administering the ACRWC can accept
collective complaints that include child victims not yet identified by name. This affords the
possibility of justice to a broader group of child victims of international peacekeeper SEA where
there is an admissible and viable complaint under the ACRWC. In the aforementioned scenario, it
would be the child victims themselves, likely through an NGO, who would advance the complaint
under the African Children’s Charter against a State Party to the ACRWC.
As previously here mentioned, the UN Security Council extended the UN peacekeeping
mission in CAR to November 15, 2018.148 This as the situation in CAR remains unstable and is
considered a threat to international peace and security. At the same time, there is both persistent
( i) inadequate protection for children in CAR against sexual exploitation and abuse by international
peacekeepers or by others taking advantage of the precarious situation; and (ii) continuing
widespread impunity for international peacekeeper and other perpetrators in this regard.
7. Prosecution Before the International Criminal Court (ICC)
The UN Security Council can refer situations to the International Criminal Court (ICC)
involving alleged potential Rome Statute crimes having occurred or persisting in the territory of
either State or non-State parties to the Rome Statute. The situation in the Central African Republic
was, however, actually referred by CAR itself to the ICC in May 2014 with the ICC investigation
beginning in September 2014 (CAR ratified the Rome Statute, the enabling statute of the ICC, on
October 3, 2001).149 To date no ICC indictments have been forthcoming against nationals of troop
contributing countries for SEA of children in CAR while those troops were participating in UN
peacekeeping in CAR. 150 The latter being the case even where the home States of those nationals
have not investigated and/or prosecuted these international peacekeeper alleged perpetrators of
SEA against children in CAR.
While some of these alleged peacekeeper SEA crimes against children and others may
represent a systematic pattern of crimes amounting to crimes against humanity, they may also be
indicators of an organized pattern of war crimes by certain segments within larger troop
147 'Sickening' sex abuse alleged in CAR by UN peacekeepers, supra note 92.
148 UN News, supra note 57.
149 CAR’s Status as a State Party to the Rome Statute (the enabling statute of the International Criminal Court),
(last visited Jan. 28, 2018).
150 Situations under Investigation, ICC, https://www.icc-cpi.int/pages/situations.aspx (last visited Jan. 28, 2017); see
also Central African Republic, ICC-01/05, https://www.icc-cpi.int/car (last visited Feb. 24, 2018).