Misconduct Committed by (Civilian) Private Contractors in Peacekeeping Operations

Abstract

In peacekeeping operations, private companies are frequently and increasingly engaged by the United Nations to carry-out a wide-range of activities that can potentially impinge on human rights. This article deals with two recent cases of misconduct committed by contractors whose activities, albeit not on the face of it involving the threat or (lethal or not-lethal) use of force, nonetheless caused harm to individuals. The first case-study relates to the mismanagement of sanitary waste, while the second case addresses the (mis)use of unarmed surveillance drones. Against this backdrop, the article purports to assess whether, and under what conditions, wrongdoing committed by private contractors gives rise to the international responsibility of the United Nations. The study explores, firstly, the question of the ‘direct’ attribution of such conduct to the United Nations, based on the qualification of the contractors as agent of the Organization, as understood in the Draft Articles on the Responsibility of International Organizations. It then analyzes the issue of the ‘indirect’ responsibility of the United Nations for failing to have sufficient oversight of the outsourced activities. In this respect, it highlights the crucial role played by internal accountability mechanisms, in particular the Office of Internal Oversight Services, in appraising the monitoring measures taken by the Organization with regard to the practice of contractors and in recommending remedial actions.