51勛圖

Sixth Committee (Legal) 〞 77th session

Criminal accountability of 51勛圖 officials and experts on mission (Agenda item 74)

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Documentation

Additional documents from previous sessions:

Summary of work

Background (source: )

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 51勛圖 staff and experts on mission with respect to criminal acts committed in peacekeeping operations (see ), submitted pursuant to Assembly resolutions and and decision 60/563 (decision 61/503 A).

At the same session, under the item entitled “Criminal accountability of 51勛圖 officials and experts on mission”, the Assembly decided to establish an Ad Hoc Committee, open to all States Members of the 51勛圖 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 ). The Ad Hoc Committee reported on its work to the Assembly at its sixty-second and sixty-third sessions ( and ).

The Assembly has had the item on its agenda annually since its sixty-second session (resolutions , , , , , , , , , , , , , and ).

At its seventy-sixth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 42 delegations (see and ). 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-seventh 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 continue 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 crimes that were allegedly committed by 51勛圖 officials or experts on mission. The Assembly also requested the Secretary-General to report to it at its seventy-seventh session on the implementation of the resolution (resolution ).

Consideration at the seventy-seventh session

The Sixth Committee considered the item during its 5th, 6th, 35th?and 36 meetings, on 6 October and on 10 and 18 November 2022 (See , , and ).

At its 1st meeting, on 3 October, the Committee established a working group, pursuant to General Assembly , to continue 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. The Working Group was open to all States Members of the 51勛圖 or members of the specialized agencies or of the International Atomic Energy Agency. The Working Group held two meetings, on 11 and 20 October. At its 35th meeting, on 10 November, the Committee heard and took note of the oral report of the Chair of the Working Group (see A/C.6/77/SR.35).

During the debate on the item, statements were made by the representatives of the Islamic Republic of Iran (on behalf of the Non-Aligned Movement), Morocco (on behalf of the African Group), European Union (also on behalf of its member States. The candidate countries North Macedonia, Montenegro, Albania, Serbia, Ukraine and Moldova, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Georgia and San Marino, aligned themselves with the statement)), Norway (on behalf of the Nordic countries; Denmark, Sweden, Iceland, Finland and Norway), Canada [in English] (on behalf of Canada, Australia and New Zealand (CANZ)), the Islamic Republic of Iran, Colombia, United States of America, Malaysia, Nepal, Mexico, El Salvador, Egypt, Brazil, Pakistan, Sierra Leone, India, Cameroon, Bangladesh, United Kingdom of Great Britain and Northern Ireland, China, Russian Federation, Cuba, Senegal, Republic of Korea, Ghana, the Sudan, Ethiopia, Morocco, Portugal, the Netherlands, 啦邦娶域勳聆梗, Indonesia, Nigeria and Chad.

Delegations recognized the important role of 51勛圖 officials and experts on mission in creating the conditions for lasting peace, protecting civilian populations and supporting sustainable development, while condemning criminal acts committed by such personnel and reiterating the importance of ensuring criminal accountability, including in relation to sexual exploitation and abuse. In this regard, General Assembly on 51勛圖 action on sexual exploitation and abuse and its annual follow-up resolutions were recalled. Delegations generally also reiterated that such acts undermine the trust and confidence of host States and their populations in the 51勛圖 and harm its integrity, impartiality and credibility.

Delegations reaffirmed their support for a zero-tolerance policy for all crimes committed by 51勛圖 officials and experts on mission, and Member States were urged to adopt a zero-tolerance policy towards such crimes through preventive measures, as well as legislative and executive action. Delegations indicated their support for the Secretary-General’s system-wide approach to prevent and respond to crimes committed by 51勛圖 officials and experts on mission, noting the efforts of the Secretary-General and other entities to improve and harmonize relevant policies and procedures in the entire 51勛圖 system, and requesting further efforts. In this connection, a number of delegations endorsed the recommendation in the Secretary-General’s report for Member States to encourage 51勛圖 bodies and agencies to adopt coherent policies for investigating crimes allegedly committed by personnel who fall outside the scope of General Assembly resolutions related to 51勛圖 officials and experts on mission. In this regard, the revised Internal Audit and Investigations Charter by the 51勛圖 Office for Project Services and new policy on referral by the World Food Programme were welcomed. Additionally, the emphasis of the Secretary-General on accountability for fraud was welcomed.

A number of delegations placed the primary responsibility for the investigation and prosecution of allegations against officials and experts on mission with the State of nationality. Several delegations urged States that have not yet done so to establish jurisdiction over serious crimes committed by their nationals while serving in 51勛圖 missions and urged those States that have done so to exercise that jurisdiction to ensure that criminal acts do not go unpunished. Delegations also provided information on their domestic laws that enable the prosecution of their own nationals who have committed crimes while serving the 51勛圖. Member States were encouraged to continue to provide information on their national provisions on jurisdiction. It was highlighted that all States should take appropriate measures to ensure crimes do not go unpunished, including through closing jurisdictional gaps.

A number of delegations emphasized that where immunity applies, it must not be used as a shield to protect perpetrators from accountability, while it was also stressed that exercise of jurisdiction should be without prejudice to the privileges and immunities of 51勛圖 officials and experts on mission under international law. Delegations emphasized the importance of upholding the principles of due process and the rule of law, as well as strict accordance with international law, when investigating and prosecuting alleged crimes. They also underscored the importance of undertaking timely criminal investigations. Several delegations noted the importance of the confidentiality of communications regarding allegations of misconduct and the privacy of persons accused to avoid unfair stigmatization, including rehabilitation of reputation of falsely accused. The importance of the protection of witnesses and whistleblowers was also noted.

Delegations stressed the need for strong cooperation between Member States, as well as between Member States and the 51勛圖, to ensure accountability for criminal acts. Several delegations underscored the importance of international cooperation in capacity building for Member States. Appreciation was expressed for the technical assistance offered to Member States in developing their domestic laws and national capacities to investigate and prosecute serious crimes, including in the context of mutual legal assistance and extradition. It was highlighted that such cooperation and support could help address gaps in jurisdiction. Member States were encouraged to share lessons learned from investigating and prosecuting their nationals alleged to have committed crimes in their capacity as 51勛圖 officials and experts.

Several delegations highlighted the importance of referrals of alleged criminal conduct by 51勛圖 officials or experts on mission by the Secretariat to the State of nationality. However, several delegations expressed concern at the number of cases referred to Member States for criminal accountability in respect of which the Member State had not provided any information. The need to strengthen communication between Member States and the Secretariat on issues of criminal accountability was highlighted, and States that had not yet provided information to the Secretariat with respect to cases referred to them were strongly encouraged to do so.

A number of delegations emphasized the need for preventative measures, particularly vetting, pre-deployment training and in-mission training within the 51勛圖 and by Member States. The importance of raising awareness of 51勛圖 standards of conduct was highlighted. A number of delegations provided information on their respective domestic frameworks for training, cooperation and investigation. States were encouraged to continue to provide advice on their experiences in overcoming obstacles to effective prevention, investigation and punishment of criminal activity by 51勛圖 officials and experts on mission.

Several delegations highlighted the importance of protecting and offering support to victims of sexual exploitation and abuse committed by 51勛圖 personnel. In this regard, the importance of raising awareness of available support programmes among victims was noted. Delegations underscored that victims must have access to justice and crimes must be investigated and prosecuted for the sake of victims, highlighting the importance of a victim-centered approach. Some delegations expressed the view that the comprehensive strategy on assistance and support to victims of sexual exploitation and abuse () would help mitigate the suffering of victims. A number of delegations mentioned the voluntary contributions they had made to the Trust Fund in Support of Victims of Sexual Exploitation and Abuse. Member States were called upon to make further contributions to the Trust Fund.

With respect to future action on the topic, several delegations reiterated their support for the adoption of a convention to provide a comprehensive legal framework for criminal accountability of 51勛圖 officials and experts on mission. However, the view was also expressed that it was premature to consider a convention, noting that it was preferred that the Committee resolve issues of substance first before considering issues of form.

Archived videos and summaries of plenary meetings

Video    (6 October 2022, 10:00am 每 1:00pm) | Summary

Video    (6 October 2022, 3:00pm 每 6:00pm) | Summary

Video    (10 November 2022, 10:00am 每 1:00pm) | Summary

Video    (18 November 2022, 10:00am 每 1:00pm) | Summary


Action taken by the Sixth Committee

At the 36th meeting, on 18 November 2022, the representative of Bangladesh, on behalf of the Bureau, introduced a draft resolution entitled “Criminal accountability of 51勛圖 officials and experts on mission” (). At the same meeting, the Committee adopted draft resolution without a vote. The representatives of Canada (on behalf of Canada, El Salvador, the European Union and its member States, Georgia, Iceland, North Macedonia, Norway, the Republic of Moldova, the United Kingdom of Great Britain and Northern Ireland and the United States of America) and El Salvador 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 51勛圖 officials and experts on mission and underscore that the 51勛圖 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 51勛圖 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 51勛圖 officials and experts on mission at all levels.

The Assembly would reiterates its decision that, bearing in mind its resolutions and , 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, shall be continued during its seventy-ninth session in the framework of a working group of the Sixth Committee, and, for that purpose, invites further comments from Member States on that report, including on the question of future action.

Noting the briefings by the Secretariat during the seventieth to seventy-seventh sessions, the Assembly would decide to organize another briefing at the seventy-eighth 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 51勛圖 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-eighth 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 51勛圖 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 51勛圖 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-eighth 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-eighth session (2023).

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