Agenda item 78
Sixty-fourth session
Criminal accountability of United Nations officials and experts on mission (agenda item 78)
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Authority: resolution 63/119
- Documentation for this item
Summary of work
Background (source: A/64/100)
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).
At its sixty-second session, the General Assembly strongly urged States to consider establishing to the extent that they had not yet done so jurisdiction, particularly over crimes of a serious nature, as known in their existing domestic criminal laws, committed by their nationals while serving as United Nations officials or experts on mission, at least where the conduct as defined in the law of the State establishing jurisdiction also constituted a crime under the laws of the host State; requested the Secretary-General to bring credible allegations that revealed that a crime might have been committed by United Nations officials and experts on mission to the attention of the States against whose nationals such allegations were made, and to request from those States an indication of the status of their efforts to investigate and, as appropriate, prosecute crimes of a serious nature, as well as the types of appropriate assistance States might wish to receive from the Secretariat for the purposes of such investigations and prosecutions (resolution 62/63).
At its sixty-third session, the General Assembly encouraged States, in accordance with their domestic law or any applicable treaties or arrangements on extradition and mutual legal assistance, to afford each other assistance in criminal investigations or criminal or extradition proceedings, including with regard to evidence; encouraged all States, in accordance with their domestic law, to explore ways and means of facilitating the possible use, in criminal proceedings regarding crimes of a serious nature allegedly committed by United Nations officials and experts on mission, of information and material obtained from the United Nations, bearing in mind due process considerations; to provide effective protection to witnesses and others who provide information in respect of such crimes; and to explore ways and means of responding adequately to requests by host States in order to enhance their investigative capacity; decided that the consideration of the report of the Group of Legal Experts on the topic (see A/60/980) should be continued during the sixty-fourth session in the framework of a working group of the Sixth Committee; requested the United Nations to consider any appropriate measures that might facilitate the possible use of information and material for purposes of criminal proceedings initiated by States in respect of such crimes, bearing in mind due process considerations; encouraged the United Nations to take appropriate measures, in the interests of the Organization, to restore the credibility and reputation of officials and experts on mission, in the case of unfounded allegations; urged the United Nations to continue cooperating with States exercising jurisdiction in order to provide them, within the framework of the relevant rules of international law and agreements governing activities of the United Nations, with information and material for purposes of criminal proceedings initiated by States; emphasized the importance that no action be taken by the United Nations that would retaliate against or intimidate United Nations officials and experts on mission who reported allegations concerning such crimes; and requested the Secretary-General to report to the Assembly at its sixty-fourth session on the implementation of the resolution, as well as with respect to any practical problems in its implementation, on the basis of information received from Governments and the Secretariat, and to include in the report information on the number and types of credible allegations and any actions taken by the United Nations and its Member States regarding crimes of a serious nature committed by United Nations officials and experts on mission (resolution 63/119).
Consideration at the sixty-fourth session.
ForthcomingAction taken by the Sixth Committee
Forthcoming