Sixth Committee (Legal) — 71st session

Criminal accountability of United Nations officials and experts on mission (Agenda item 75)

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Documentation

Summary of work

Background (source: A/71/100)

At its sixty-first session, in 2006, the General Assembly decided that the agenda item entitled “Comprehensive review of the whole question of peacekeeping operations in all their aspects”, which had been allocated to the Special Political and Decolonization Committee (Fourth Committee), should also be referred to the Sixth Committee for discussion of the report of the Group of Legal Experts on ensuring the accountability of United Nations staff and experts on mission with respect to criminal acts committed in peacekeeping operations (see A/60/980), submitted pursuant to Assembly resolutions 59/300 and 60/263 and decision 60/563 (decision 61/503 A).

At the same session, the General Assembly decided to establish an Ad Hoc Committee, open to all States Members of the United Nations or members of specialized agencies or of the International Atomic Energy Agency, for the purpose of considering the report of the Group of Legal Experts, in particular its legal aspects (resolution 61/29). The Ad Hoc Committee held two sessions at United Nations Headquarters in 2007 and 2008 (A/62/54 and A/63/54).

The General Assembly considered the item at its sixty-second to seventieth sessions (resolutions 62/63, 63/119, 64/110, 65/20, 66/93, 67/88, 68/105, 69/114 and 70/114).

At its seventieth session, the General Assembly urged States to take all appropriate measures to ensure that crimes by United Nations officials and experts on mission do not go unpunished and that the perpetrators of such crimes are brought to justice. The Assembly reaffirmed various measures adopted in previous resolutions aimed at ensuring the criminal accountability of United Nations officials and experts on mission and urged the Secretary-General to make Member States contributing personnel to serve as experts on mission aware of the necessity of providing appropriate conduct-related training prior to deployment. The Assembly decided to organize a briefing by the Secretariat at its seventy-first session and encouraged all Member States to redouble their efforts informally during the intersessional period towards devising concrete proposals to ensure accountability. The Assembly urged States to provide the Secretary-General with periodic updates on their handling of the credible allegations brought to their attention by the Secretary-General, provided that this would not be contrary to national laws or prejudice national investigations or national proceedings. The Assembly recalled its previous requests for Governments to provide specific details on the measures taken as necessary for the implementation of its previous resolutions on this item and requested, in this regard, the Secretary-General to prepare a compilation, based on information which should be received from all Member States, of national provisions regarding the establishment of jurisdiction over their nationals. The Assembly also requested the Secretary-General to improve reporting methods and expand the scope of reporting by providing information on instances where credible allegations have been referred pursuant to the resolution on this item, as well as information received from States on their handling of the credible allegations brought to their attention pursuant to resolutions on the item on all referrals since 1 July 2007, which information would be limited to the United Nations entity involved, the year of referral, information about the type of crime and summary of allegations, status of investigations, prosecutorial and disciplinary actions taken, including with respect to concerned individuals who left the duty mission or the service of the United Nations, any requests for waivers of immunity, as applicable, and information on jurisdictional evidentiary or other obstacles to prosecution, while protecting the privacy of the victims as well as respecting the rights of those subject to the allegations. The Assembly also decided that the consideration of the report of the Group of Legal Experts, in particular its legal aspects, would be continued at the seventy-third session in the context of a working group of the Sixth Committee. The Assembly reiterated its request to the Secretary-General to report to it at its seventy-first session on the implementation of the resolution (resolution 70/114).

Consideration at the seventy-first session

The Sixth Committee considered the item at its 8th, 9th and 33rd meetings, on 7 October and on 11 November 2016 (see A/C.6/71/SR.8, 9 and 33). For its consideration of the item, the Committee had before it the report of the Secretary-General (A/71/167).

During the general debate on the item, statements were made by the representatives of the Dominican Republic (on behalf of the Community of Latin American and Caribbean States (CELAC)), Iran (Islamic Republic of) (on behalf of the Non-Aligned Movement (NAM)), South Africa (on behalf of the African Group), Trinidad and Tobago (on behalf of the Caribbean Community (CARICOM)), the European Union, also on behalf of its Member States (the candidate countries the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Albania, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, and the Republic of Moldova and Ukraine, aligned themselves with the statement), Norway (on behalf of the Nordic countries), Canada [in English] (also on behalf of Australia and New Zealand (CANZ)), Switzerland, the Sudan, El Salvador, the Russian Federation, Thailand, Indonesia, Venezuela (Bolivarian Republic of), the United States of America, Ethiopia, Nigeria, Israel, Mexico, Algeria, India, Peru, Georgia, Nepal, Malaysia, Morocco, Bangladesh and Viet Nam.

In their general comments, delegations reiterated the importance they attached to the issue of criminal accountability of United Nations officials and experts on mission. They also acknowledged the commitment and dedication of United Nations personnel in the field, while underlining the negative consequences that criminal acts committed by some officials and experts on mission have to the image, credibility, impartiality and integrity of the Organization, as well as on its relationship with local communities. Several delegations voiced serious concerns regarding the recent allegations of sexual exploitation and abuse by United Nations peacekeeping missions. Several other delegations were also concerned by the number of allegations concerning other crimes such as corruption, fraud, theft and other financial crimes.

Delegations strongly reaffirmed their support for the zero-tolerance policy of the United Nations with regard to criminal conduct, in particular such serious crimes as sexual exploitation and abuse committed by United Nations officials and experts on mission. Several delegations welcomed the steps taken by the Secretary-General in addressing the recent allegations of sexual exploitation and abuse brought against the Organization. Several delegations commended the establishment of the Office of the Special Coordinator on improving the United Nations’ response to sexual exploitation and abuse, although the delegations noted the need to focus on all crimes as well.

Delegations also welcomed the adoption of Security Council resolution 2272 (2016) and General Assembly resolution 70/286 on cross-cutting peacekeeping issues, which provided for the necessary tools to enforce a zero tolerance policy.

While stressing the importance of the respect for the privileges and immunities of United Nations officials and experts on mission, the need to respect international and national legislation of the host State, to avoid impunity for those crimes and to ensure justice for victims, was stated. Some delegations emphasized that Member States should not allow the special status enjoyed by United Nations officials and experts on mission to shield them from accountability. While it was recognized that the primary responsibility for bringing perpetrators to justice rests with Member States, delegations emphasized that it was the shared responsibility of the United Nations and of Member States to ensure the criminal accountability of United Nations officials and experts on mission.

Several delegations stressed the need to ensure that all personnel are properly vetted by contributing States and the United Nations for any prior cases of misconduct while serving on previous missions. Delegations also welcomed measures implemented by the United Nations regarding existing training on United Nations standards of conduct, including through pre-deployment training and in-mission induction training and awareness-raising programmes. Some delegations emphasized the need for United Nations personnel to comply with relevant United Nations Policy Guidelines regarding their expected standards of conduct, including those established in A/67/775 and A/67/828.

Several delegations called for enhanced preventive measures, and a number of delegations noted that they were looking forward to the achievements subsequent to the implementation of the accountability framework developed by the Secretariat to measure the performance of field missions in connection with a number of indicators relating to conduct and discipline.

Several delegations recalled that criminal misconduct causes great harm to victims and emphasized the need to ensure the protection of victims and witnesses. The need to ensure the due process rights of those against whom allegations were made was raised. Several delegations took note again of the United Nations Comprehensive Strategy on Assistance and Support to Victims of Sexual Exploitation and Abuse by the United Nations Staff and Related Personnel, adopted by resolution 62/214, underlining that it would help mitigate the suffering of the victims of sexual exploitation and abuse, as well as offer social support, legal services and medical attention, among other things.

Several delegations encouraged States to cooperate with each other in criminal investigations and/or extradition proceedings in respect of crimes of a serious nature committed by United Nations officials and experts on mission. Several delegations also underlined that they attached great importance to receiving continuous information, and that continued cooperation was critical in investigating allegations of criminal misconduct. Several delegations called upon the Secretariat to continue its efforts to improve the quality of such information.

Concerning the establishment of criminal jurisdiction by States over serious crimes committed by United Nations officials and experts on mission, delegations urged all Member States to take measures to close existing jurisdictional gaps and encouraged them to implement relevant General Assembly resolutions to address this issue. Some delegations stressed that both short-term and long-term measures were necessary to close jurisdictional gaps. Some delegations provided information regarding their domestic legislation applicable to their nationals when they were acting in their capacity as United Nations officials and experts on mission.

On the reporting obligations, delegations welcomed the latest report of the Secretary-General (A/71/167), and the Secretary-General’s reports on special measures for protection from sexual exploitation and abuse (A/70/729, A/71/97). Several delegations noted the expanded information provided in Annex II of A/71/167 and many delegations noted their support for the questionnaire distributed pursuant to paragraph 23 of resolution 70/114. Several delegations reconfirmed the importance attached to receiving information from the Secretariat on statistics of substantiated allegations.

Several delegations reiterated once more the importance of prompt referrals by the United Nations of cases of alleged criminal conduct, for investigation and possible prosecution, and reiterated their calls for States to report back to the Organization with full details of the measures undertaken in a timely manner. Some delegations indicated a preference for referral to the State of nationality over the host State. Many delegations stated that the United Nations should conduct further follow ups on any referrals made. Several delegations expressed their strong regret that only a few Member States had contacted the Office of Legal Affairs to report back on these referrals, noting that in 73 of 89 cases set out since 2007, no information had been provided to the Secretariat. Given the lack of information provided by Member States for which cases have been referred, some delegations made detailed proposals to address this issue.

Regarding future action, several delegations indicated they were looking forward to continuing the discussion of the report of the Group of Legal Experts (A/60/980), and called once again for the implementation of the revised draft model Memorandum of Understanding contained in chapter 9 of the “Manual on Policies and Procedures Concerning the Reimbursement and Control of Contingent-Owned Equipment of Troop/Police Contributors Participating in Peacekeeping Missions (COE Manual)” (A/C.5/60/26, annex) (resolution 61/291, as read with A/61/19, annex). Different views were expressed concerning the potential elaboration of a convention to ensure criminal accountability. Several delegations continued to state that it was premature to discuss a draft convention at this time; with some delegations suggesting that no legal lacunae existed, and therefore no international convention was needed. Some delegations expressed their readiness to consider and to discuss the proposal. Several delegations remained ready to consider the proposal in the long-run, but suggested more information should be provided by both Member States and the Secretariat in order to understand the nature of the current obstacles.

Action taken by the Sixth Committee

At the 33rd meeting, on 11 November, the representative of Pakistan, on behalf of the Bureau, introduced a draft resolution entitled “Criminal accountability of United Nations officials and experts on mission” (A/C.6/71/L.25). At the same meeting, the Committee adopted draft resolution A/C.6/71/L.25 without a vote.

Under the terms of the draft resolution, the Assembly would express its concern with respect to all alleged crimes on the part of United Nations officials and experts on mission, including allegations of fraud, corruption, and other financial crimes, and would urge the Secretary-General to continue to ensure that the zero-tolerance policy for criminal activities, such as sexual exploitation and abuse and corruption, is made known to all United Nations officials and experts on mission at all levels. The Assembly would further urge States to take all appropriate measures to ensure that crimes by United Nations officials and experts on mission do not go unpunished and that the perpetrators of such crimes are brought to justice. The various measures adopted in previous resolutions aimed at ensuring the criminal accountability of United Nations officials and experts on mission would be reaffirmed. In addition, the Assembly would further request that the Secretariat take all appropriate measures to continue to ensure that all such personnel, as well as United Nations officials, are properly vetted by the States contributing personnel and the Organization for any prior misconduct while serving with the United Nations, and urge the Secretary-General to also make Member States contributing personnel to serve as experts on mission aware of the necessity of providing appropriate conduct-related training prior to deployment.

The Assembly would decide to organize another briefing by the Secretariat at its seventy-second session, and would encourage all Member States to redouble their efforts informally during the inter-sessional period, with the support of the Secretariat, in particular through the organization of informal briefings, towards devising concrete proposals to ensure accountability. The Assembly would request the Secretary-General to seek, from all States that have notified the United Nations with respect to investigations or prosecutions of crimes allegedly committed by United Nations officials or experts on mission, updates on the status of their investigations or prosecutions. The Assembly would urge States to provide the Secretary-General with periodic updates on their handling of the credible allegations brought to their attention by the Secretary-General, provided that this would not be contrary to national laws, or prejudice national investigations or national proceedings. The Assembly would express its concern with respect to the low rate of response from States to referred allegations, as requested in its resolution 70/114.

The Assembly would also recall its previous requests for Governments to provide specific details on the measures taken as necessary for the implementation of previous resolutions on this item, and would request in this regard to prepare and keep updated a report containing a compilation and a summary table of national provisions, based on information received from Member States since 2007, regarding the establishment of jurisdiction over their nationals whenever they serve as United Nations officials or experts on mission, in relation to crimes as known in their existing national criminal laws, particularly those of a serious nature, and in this regard would take note of the questionnaire distributed by the Secretariat to all Member States to assist in this process. The Assembly would further request the Secretary-General to submit a report setting out all relevant existing United Nations policies and procedures of the United Nations system regarding the credible allegations brought to their attention by the United Nations or investigations/prosecutions notified to the United Nations.

The Assembly would furthermore request the Secretary-General to continue to improve reporting methods and expand the scope of reporting, by providing information on the allegations referred to in the draft resolution, as well as information received from States on their handling of the allegations pursuant to resolutions on the item on all referrals since 1 July 2007, limited to the United Nations entity involved, the year of referral, the dates of follow-up requests from the Secretary-General, information about the type of crime and summary of allegations, status of investigations, prosecutorial and disciplinary actions taken, including with respect to individuals concerned who have left the duty mission or the service of the United Nations, any requests for waivers of immunity, as applicable, and information on jurisdictional, evidentiary or other obstacles to prosecution, while protecting the privacy of the victims as well as respecting the privacy and rights of those subject to the allegations.

It would also decide that the consideration of the report of the Group of Legal Experts, in particular its legal aspects, would be continued at the seventy-third session in the context of a working group of the Sixth Committee, while including the item in the provisional agenda of the seventy-second session.

Subsequent action taken by the General Assembly

This agenda item will be considered at the seventy-second session (2017).

Full texts of submissions received pursuant to resolution 70/114, paragraph 23

State Original submission Translation
Belgium French English
Canada English  
Czech Republic English  
El Salvador English  
Finland English  
Lithuania English  
Norway English  
English  
Peru Spanish English
Poland English  
Republic of Korea English  
Spain Spanish  
Sweden English  
Switzerland French  

 

Full texts of submissions (A/71/167)

State Original submission Translation
Australia English  
Belarus Russian English
Bulgaria English  
Cyprus English  
El Salvador Spanish  
Georgia English  
Greece English  
Kuwait Arabic English
Spain Spanish English
Switzerland French  
United Kingdom of Great Britain and Northern Ireland English  

 

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