When Do-Gooders Do Harm: Accountability of the UN toward Third Parties in Peace Operations

What is it about?

Though the UN represents the loftiest ideals of humanity, until recent times, international lawyers have paid scant attention to the UN’s potential to inflict harm in the pursuit of its noble aims. This paper explores the issue of legal and ethical accountability when acts committed by a UN presence inflict harm on the local population, with a focus on claims from third parties in peace operations. The paper argues that greater accountability is most practically achieved not necessarily through attempts to close gaps in international law, but through giving effect to existing mechanisms by applying a balancing approach to immunity and strengthening internal oversight and redress mechanisms.

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Why is it important?

The notion of accountability goes hand in hand with the mission of the United Nations. As an organisation that remains the world’s pre-eminent promoter of the rule of law and human rights standards, accountability is part of the UN's raison d'être. Like any large bureaucracy, however, the UN is subject to flaws in decision-making that may result in harmful impact to the local population. Sexual abuse and exploitation, failure to protect civilians, and the introduction of cholera into Haiti, are just some recent examples. The fact that unintended consequences can happen in UN’s worldwide operations is not surprising per se. What happens when the UN denies its legal responsibility, and denies the victims’ rights to reparation? Who guards the guardians when the 'do-gooders' do harm? The UN’s response to recent claims from injured parties illustrates the significant challenges faced by victims, who have been denied accountability contrary to the very human rights standards the organisation seeks to promote. During the 2016 race for Secretary-General, all candidates were presented with an Accountability Pledge by civil society organisations. Only one candidate, Igor Lukšić, signed the pledge. With no resolution to the cholera disaster in Haiti after seven years (though a reparation scheme has been devised), and continuing cases of sexual abuse and exploitation, the UN’s accountability to the population it serves is a key issue that confronts António Guterres as he takes reign in January 2017.

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