1.5 Internal investigations and sanctions

Investigations into allegations of wrongdoing and sanctions for those who breach standards are key if the mission’s integrity standards are to be maintained. In environments where impunity is high, showing that international missions support accountability and uphold high standards helps promote alternative norms of behaviour. If coupled with effective measures allowing recovery of stolen assets, investigative and sanctioning mechanisms will also protect mission resources and help recover assets lost through corruption.

Most interventions will need to resolve jurisdictional issues, navigate the provisions of international law, of the domestic law of troop contributing countries, and the host nation law. All of these can shape the actions of international forces to varying degrees. In some cases, the problems arise when international personnel or private contractors are exempted from the reach of one or more legal systems due to arrangements in the Status of Forces Agreement (SOFA). If personnel are exempted from host nation legal proceedings, it is all the more important that they are included in the jurisdictional capacity of the TCCs and that their work is overseen, and that sanctions – prosecution and appropriate sentencing – are applied. As international institutions such as the UN are often limited to being able to send offenders home, it is up to the troop contributing nations to ensure appropriate investigations and sanctions. The US, for example, has prosecuted soldiers involved in corrupt practices such as embezzling fuel or funds from sustainment contracts.