Sixth Committee (Legal) — 74th session
Criminal accountability of United Nations officials and experts on mission (Agenda item 76)
- Authority: resolution 73/196
Documentation
- A/74/145 | A/74/142 — Reports of the Secretary-General
- Compilation of national provisions regarding establishment of jurisdiction
- A/C.6/74/L.14 — Draft resolution
Summary of work
Background (source: A/74/100)
At its sixty-first session, 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, under the item entitled “Criminal accountability of United Nations officials and experts on mission”, the 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 reported on its work to the Assembly at its sixty-second and sixty-third sessions (A/62/54 and A/63/54).
The Assembly has had the item on its agenda annually since its sixty-second session (resolutions 62/63, 63/119, 64/110, 65/20, 66/93, 67/88, 68/105, 69/114, 70/114, 71/134, 72/112 and 73/196).
At its seventy-third session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 28 delegations (see A/C.6/73/SR.5 and 6). The Assembly reiterated its decision that the consideration of the report of the Group of Legal Experts, in particular its legal aspects, taking into account the views of Member States and also noting the inputs by the Secretariat, would be continued during its seventy-fifth session in the framework of a working group of the Sixth Committee, and, for that purpose, invited further comments from Member States on that report, including on the question of future action. The Assembly requested the Secretary-General to report on any updates to the policies and procedures of the United Nations system regarding allegations of crimes that may have been committed or were allegedly committed by United Nations officials or experts on mission. The Assembly also requested the Secretary-General to report to it at its seventy-fourth session on the implementation of the resolution (resolution 73/196).
Consideration at the seventy-fourth session
The Sixth Committee considered the issue during its 7th, 8th and 35th meetings, on 10 October and 20 November 2019 (see A/C.6/74/SR.7, 8 and 35).
During the general debate on the issue statements were made by the representatives of Iran (The Islamic Republic of) (on behalf of the Non-Aligned Movement (NAM)), the European Union (on behalf of its Member States, the Candidate Countries Turkey, North Macedonia, Montenegro and Albania, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, and the EFTA country Liechtenstein, as well as Ukraine, the Republic of Moldova and Georgia), Norway (on behalf of the Nordic countries), Zambia (on behalf of the African Group), Canada [in English] (on behalf of Australia and New-Zealand (CANZ)), Slovakia, Israel, the Sudan, Thailand, Mexico, El Salvador, the United States of America, Pakistan, the Russian Federation, South Africa, Portugal, Brazil, Switzerland [in English], Saudi Arabia, Egypt, Ethiopia, Cameroon, Zambia, Senegal, India, Haiti, Nigeria, Indonesia, Morocco, Malawi, and the Netherlands.
In their general comments, delegations acknowledged the important role of United Nations officials and experts on mission in creating conditions for lasting peace, the protection of citizens and supporting development. Delegations condemned criminal acts carried out by United Nations officials and experts while on mission and reiterated the great importance of the issue of criminal accountability.
Delegations restated that crimes committed by United Nations officials and experts while on mission can harm the trust and confidence in the United Nations by host States, as well as have negative consequences on the integrity, impartiality and credibility of the Organization. Delegations reiterated the importance of the zero-tolerance policy for all crimes committed by officials and experts on mission, especially with regards to sexual exploitation and abuse. The need to ensure due process rights for persons subject of investigations, as well as the protection of victim’s rights were highlighted. Some delegations commended the Secretary-General for his leadership demonstrated through the zero-tolerance policy on sexual exploitation and abuse, and welcomed the steps taken by the United Nations to combat it, as well as reiterated their support for the work of the Special Coordinator on improving the United Nations’ response to sexual exploitation and abuse. Several delegations noted that the focus of the Sixth Committee should be wider and include all crimes.
Many delegations put great emphasis on the need for enhanced cooperation between Member States and the United Nations, as well as among Member States. Delegations therefore expressed their concern at the information provided in Annex I of A/74/145 regarding the lack of information provided by Member States on the status of investigations and prosecutions. Efforts by the Secretary-General and Office of Legal Affairs to refer cases to the State of nationality and to facilitate criminal investigations, as well as gathering information on these referrals were commended. Some delegations highlighted that serious gaps in terms of communication between host States, Missions and troop contributing countries persisted.
Several delegations placed the primary responsibility for the investigation and prosecution of accusations against officials and experts on mission with the State of nationality. In this context, they welcomed technical assistance by the United Nations to support the development of domestic criminal laws, and national capacities to investigate and prosecute serious crimes. A number of delegations noted the worrying trend of States failing to exercise jurisdiction over their nationals even where their domestic legal framework would allow for it, thus causing a gap between prescriptive and enforcement jurisdictions.
Delegations underlined the importance of preventative measures such as pre-deployment training, vetting and awareness raising, both within the United Nations and by the Member States. Some delegations underlined the need for harmonized standards of conduct and training across the secretariat and specialized agencies. Several delegations welcomed the revision of frameworks by some specialized agencies. The enhanced vetting measures implemented by the United Nations, in particular the implementation of the ClearCheck database were welcomed. Some delegations provided accounts of their pre-deployment training and offered to share best practices and form training partnerships.
A number of delegations highlighted that transparency of the investigations conducted by the Organization is important in order to ensure that all investigations are impartial, thorough and timely. Some delegations commended the United Nations for the increased reporting and transparency on the issue. Several delegations encouraged the Secretary-General to undertake an analysis of the cases to date to better understand the dynamics that give rise to the crimes committed.
Regarding future steps, some delegations reiterated that the full and proper implementation of General Assembly resolutions and the remedial measures contained therein could address the issue of jurisdictional gaps. Other delegations highlighted their support for a combination of short-term measures with long-term processes in order to address the jurisdictional gaps. On the possible elaboration of a convention to ensure criminal accountability, delegations expressed differing views. Some delegations insisted that it was premature to consider a convention and instead the Committee should focus on substantive issues, while other delegations identified no legal lacunae and therefore a convention would be unnecessary. Other delegations expressed their openness to the possibility of a draft convention.
Action taken by the Sixth Committee
At the 35th meeting, on 20 November 2019, 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.6/74/L.14). At the same meeting, the Committee adopted draft resolution A/C.6/74/L.14 without a vote.
The representative of Finland (also on behalf of the European Union and its member States, the United States of America, Australia and Switzerland, the European Union candidate countries North Macedonia, Montenegro and Albania, the country of the Stabilization and Association Process and potential candidate Bosnia and Herzegovina, the European Free Trade Association countries Iceland and Norway, as well as Ukraine and Georgia) spoke in explanation of position after the adoption of the draft resolution.
Under the draft resolution, the General Assembly would inter alia honour the heroic work of tens of thousands of United Nations officials and experts on mission, and underscore that the United Nations should not let the actions of a few tarnish the achievements of the whole, and would commend the Member States that have taken steps to prevent, investigate and hold accountable their personnel for criminal conduct, such as that involving sexual exploitation and abuse.
The Assembly would express its concern with respect to all alleged crimes on the part of United Nations officials and experts on mission, and would urge the Secretary-General to continue to ensure that his zero-tolerance policy for criminal activities, such as sexual exploitation and abuse, fraud and corruption, is made known to all United Nations officials and experts on mission at all levels.
The Assembly would recall its decision that, bearing in mind its resolutions 62/63 and 70/114, the consideration of the report of the Group of Legal Experts, in particular its legal aspects, taking into account the views of Member States and also noting the inputs by the Secretariat, would be continued during its seventy-fifth session in the framework of a working group of the Sixth Committee.
Noting the briefings by the Secretariat during the seventieth to seventy-fourth sessions, the Assembly would decide to organize another briefing at the seventy-fifth session with a view to furthering discussion on measures that could be taken to help to ensure the accountability of United Nations officials and experts on mission and prevent future crimes.
The Assembly would request the Secretary-General to keep up to date the online compilation of the full submissions and questionnaire responses as well as the online summary table of national provisions regarding the establishment of jurisdiction over their nationals whenever they serve as United Nations officials or experts on mission, and would also request the Secretary-General to prepare a report containing a general overview of national provisions, based on the information received, for the seventy-fifth session of the General Assembly, provided that sufficient information has been received from Member States.
The Assembly would take note of the report of the Secretary-General setting out updates to all relevant existing policies and procedures of the United Nations system, and would request the Secretary General to continue to report on any updates to those policies and procedures and to develop recommendations to help to ensure that such policies and procedures relating to the reporting, investigation, referral and follow-up of credible allegations revealing that a crime may have been committed by a United Nations official or expert on mission are coherent, systematic and coordinated throughout the United Nations system.
The Assembly would urge Governments to continue to take the measures necessary for the implementation of previous resolutions on this item, and request the Secretary-General to report to the General Assembly at its seventy-fifth session on the implementation of the present resolution, as well as any practical problems in its implementation, on the basis of information received from Governments and the Secretariat.
Subsequent action taken by the General Assembly
This agenda item will be considered at the seventy-fifth session (2020).
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