Criminal Accountability of United Nations Officials on Mission Crucial to Uphold Organization’s Reputation, Fight Impunity, Sixth Committee Speakers Stress
Speakers underscored the importance of upholding the Organization’s reputation by ensuring United Nations officials and experts are held accountable for crimes committed when on mission, while also highlighting the need for predeployment training and victim-centred approaches, as the Sixth Committee (Legal) took up the Secretary-General’s reports on the matter.
The Secretary-General’s reports “Criminal accountability of United Nations officials and experts on mission” (documents A/78/248 and A/78/275) contain, respectively, information received from Governments regarding their nationals while serving as United Nations officials or experts on mission, and information on the policies and procedures of the United Nations Secretariat regarding credible allegations that reveal that a crime may have been committed by United Nations officials or experts on mission.
The representative of New Zealand, also speaking for Australia and Canada, noted that, while the vast majority of UN officials and experts on mission conduct their work with efficiency, competence and integrity, “the criminal acts of a few inflict significant harm”. This erodes the reputation, credibility, integrity and impartiality of the Organization’s missions, she pointed out.
Reiterating the importance of vetting processes in identifying possible inappropriate conduct and past actions of staff, Mexico’s representative said that such measures help maintain high standards of integrity. However, it was concerning that, in most cases referred by the Office of Legal Affairs to the States of the nationality of individuals involved, no information has been received from the latter.
Adding to that, Malaysia’s delegate reported that only 11 cases of criminal acts committed by UN officials were referred to States, adding to the list of 342 offences committed since 2007. If the trend persists, distrust will increase in host countries, she warned.
Nonetheless, emphasizing the importance of prevention as a crucial measure to avoid impunity, the representative of Ghana stressed: “We believe that the distinctive blue beret of the United Nations must continue to inspire confidence and the hope of peace in every place they are deployed.”
In another vein, the representative of the Netherlands pointed out that women peacekeepers contribute to more effective prevention of sexual exploitation, abuse and harassment, but remain at higher risk of suffering from such acts themselves. The root causes of discrimination against women in UN peacekeeping missions must be addressed, she said.
To prevent crimes by officials and experts on mission from even being committed, the delegate of Burkina Faso underscored that States must ensure that the personnel they deploy are fully aware of their obligation to respect the rules, laws, traditions and customs of host countries.
On that note, Bangladesh developed a customized training module on the cultural settings of different field missions, its representative reported, adding that his country was one of the earliest endorsers of the Secretary-General’s voluntary compact on preventing and addressing sexual exploitation and abuse.
While also emphasizing the importance of training armed forces before deployment the representative of Portugal said that countries must assume an active role through establishing domestic legal frameworks guaranteeing accountability, as well as allocating adequate resources for exercising State jurisdiction.
An example of such a legal framework is Iran’s Penal Code and its Code of Criminal Procedure, reported that country’s delegate. The Code enables the country to exercise extraterritorial jurisdiction and ensures that its nationals are not able to escape justice under the pretext of immunity.
Cases must be investigated in a way that prioritizes the rights, dignity and needs of victims-survivors and protects whistle-blowers, said the United Kingdom’s representative, while also stressing that the Organization’s standards of conduct must be upheld, and people must feel protected.
Nevertheless, the Russian Federations’ representative insisted that that immunity guarantees that employees who must be impartial under the UN Charter “do not fall under pressure”. Respect for such personnel is particularly important amidst an increasing number of cases where host countries discriminate against specific members of the Secretariat based on their citizenship.
However, no personnel of the Organization, said the delegate of Nepal, should abuse diplomatic immunity for impunity, underscoring that the State of nationality of the perpetrator should be responsible for the investigation, prosecution and accountability of criminal conduct.
To ensure justice is served, sending and host countries should carry out extradition and mutual legal assistance, while also providing information and evidence sharing, China’s representative said, noting that his country has joined over 20 multilateral treaties on judicial cooperation.
More so, stressed the delegate of Saint Vincent and the Grenadines, speaking for the Community of Latin American and Caribbean States (CELAC), investigations, both in the field and during criminal proceedings, should be conducted with consideration of not only the alleged victims’ interests, but also due process rights of those against whom allegations are made.
The Sixth Committee will meet next at 10 a.m. on Wednesday, 11 October, to conclude its consideration of criminal accountability of United Nations officials and experts on mission and to begin consideration of the administration of justice at the United Nations, following which the Committee will commence consideration of crimes against humanity.
Statements
YAHYA AREF (Iran), speaking for the Non-Aligned Movement, noted that the Movement’s countries not only contribute more than 80 per cent of the peacekeeping personnel in the field but are also major recipients of these missions. In performing their duties, such personnel should preserve the image, credibility, impartiality and integrity of the United Nations. He urged the Organization to continue cooperating with States exercising jurisdiction to provide them — in line with international law — with information and material for purposes of criminal proceedings. As well, spotlighting the “United Nations Comprehensive Strategy on Assistance and Support to Victims of Sexual Exploitation and Abuse by UN Staff and Related Personnel”, he said that that the victims of criminal conduct perpetrated by UN officials and experts on mission should be made aware of available support programmes.
He expressed hope that the full implementation of relevant General Assembly resolutions will bridge any possible jurisdictional gaps, strengthen accountability mechanisms and contribute to guaranteeing due process. Also vital is the development of a harmonized United Nations standards of investigation for crimes allegedly committed by United Nations officials and experts on missions. States of nationality must act in a timely manner to exercise their jurisdiction in applicable cases and provide information to the Organization on any such referrals. Nevertheless, it is premature to discuss a draft convention on the matter, he said, stressing that the Sixth Committee must, for the time being, focus on substantive matters.
MARVIN IKONDERE (Uganda), speaking for the African Group and associating himself with the Non-Aligned Movement, spotlighted the topic’s importance for the Group given the large physical presence of UN peace operations and country teams on the continent. The Group maintains a “no compromise” approach towards criminal accountability, he said, adding that Africa will continue calling out crimes committed by UN officials and experts on mission. This is crucial to preserve the Organization’s integrity and safeguard the trust placed in it. He encouraged Member States to exercise jurisdiction in applicable cases to amplify the call for zero-tolerance against impunity. The African Group supports a system-wide approach to combat sexual exploitation and abuse within the United Nations. This topic should remain on the General Assembly’s agenda to keep the momentum achieved thus far in combating this threat.
However, the existence of jurisdictional gaps can often lead to the inability to establish accountability, thus leading to repetitive commission of these crimes, he noted. Remedial measures adopted under several General Assembly resolutions on this matter could address this issue if properly implemented, but the responsibility for ensuring such accountability lies with the State of nationality. Welcoming measures implemented by the UN regarding existing training on standards of conduct, he also expressed support for the technical assistance offered by the Organization to requesting Member States in developing domestic criminal law to combat and deter criminal offenses committed by UN officials and experts on mission. Further, he encouraged States to cooperate with each other in criminal investigations and extradition proceedings where crimes of a serious nature are committed by such personnel.
HAYLEY-ANN MARK (Saint Vincent and the Grenadines), speaking for the Community of Latin American and Caribbean States (CELAC), reiterating the importance of receiving continuous information from the Secretariat on statistics about substantiated allegations, said that the improvement of reporting practices will help to address these crimes properly. In this regard, she requested the Secretariat to continue its efforts towards improving the quality of such information and ensuring its immediate communication to concerned Member States, emphasizing that the same process should be applied to incidents involving UN officials and experts on missions. She further urged States that have referred cases to provide follow-up and inform the Secretary-General of the measures adopted, including prosecutions.
Expressing concern over the instances of sexual exploitation and abuse, she highlighted the shared responsibility of the Secretary-General and all Member States in preventing and punishing criminal activities by persons working for the UN and underscored the importance of training and capacity-building of UN officials and experts on mission on the issue of privileges and immunities. Furthermore, the investigations both in the field and during criminal proceedings, as well as evidence gathering, assessment and review, should be conducted with consideration of the alleged victims’ interests and due process rights of those against whom allegations are made, she said.
THOMAS RAMOPOULOS, representative of the European Union, in its capacity as observer, said that a comprehensive policy must be put in place to prevent crimes committed by officials and experts on mission. Should this fail, that policy should ensure investigation and prosecution, as well as protection and support of the victims. The European Union has implemented a code of conduct for its officials and a zero-tolerance policy towards misconduct and crimes. Each State should make sure that personnel being deployed undergo a rigorous vetting process and respect the laws, regulations and local sensitivities of the host country. Spotlighting the UN’s role in that regard, he welcomed the Organization’s enhanced vetting and training and stressed that such preparation before deployment should include courses on gender equality, international human rights law and international humanitarian law.
In the event of alleged misconduct or crimes, there can be no impunity for the perpetrators, he continued. The primary responsibility for investigating and prosecuting alleged crimes lies with the State of nationality. Therefore, it is crucial that States establish jurisdiction over crimes committed by their nationals when deployed in a United Nations mission abroad. The exercise of jurisdiction should be without prejudice to the privileges and immunities of officials and experts under international law. Cooperation with the host State and other countries in criminal proceedings is also vital. The responsibility to act in cases of misconduct by UN personnel on mission also extends to the protection and support of victims and witnesses. The European Union is ready to consider a proposal for a comprehensive international legal framework on the subject matter to clarify jurisdiction of States as well as individuals and crimes subject to that jurisdiction, he said.
ZOE RUSSELL (New Zealand), also speaking for Australia and Canada, said that — while the vast majority of UN officials and experts on mission conduct their work with efficiency, competence and integrity — “the criminal acts of a few inflict significant harm”. All forms of criminal conduct “cast a long shadow”, eroding the reputation, credibility, integrity and impartiality of UN missions. This is compounded in circumstances where there is a failure to hold perpetrators to account. She called on Member States to support the Organization’s strengthened commitment to transparency and reporting on wrongdoing by providing relevant information on national responses to criminal allegations. She also expressed support for further efforts by the UN system to continue addressing the inadequacy of existing policies and procedures and to promote enhanced cooperation on these important matters.
“But all Member States also need to do more to prevent and respond to misconduct and crimes by their nationals while serving as UN officials and experts on mission,” she stressed. To close the accountability gap, Member States and the Organization itself must develop a culture in which individuals are genuinely supported to report misconduct and alleged crimes with appropriate safeguards against reprisal. As well, prioritizing victims’ and survivors’ rights and dignity remains central to securing accountability. All Member States should investigate allegations of criminal conduct by their nationals who serve as UN officials and experts, along with cooperating with other Member States in such matters to hold perpetrators to account. She added that the countries for whom she speaks support — in principle — the proposal for a convention that would address issues related to the exercise of jurisdiction by Member States over their nationals who participate in UN operations abroad.
RABIA IJAZ (Pakistan), associating herself with the Non-Aligned Movement, said that, as a major troop-contributing country, Pakistan was among the pioneering nations to sign the UN voluntary compact on preventingand addressing sexual exploitation and abuse. In addition, it has created training modules for the mandatory courses for career advancement of its officials. She also underscored the need for boosting the coherence and coordination of policies concerning reporting, investigation, referral and follow-up of criminal allegations. Although sexual exploitation and abuse represent the most egregious forms of misconduct, the scope of criminal accountability for these individuals extends much further, she stressed, advocating against narrowing the perspective on this matter. Also calling for addressing jurisdictional gaps, she noted divergent views regarding a comprehensive international legal framework on criminal accountability of UN officials and experts on mission.
DOROTHY PATTON (United States) said that on the rare occasions when UN officials or experts commit crimes, they should be held to account. In this regard, she welcomed the efforts of the Food and Agriculture Organization (FAO), International Telecommunication Union (ITU) and the United Nations to strengthen the available training and reporting mechanisms. Also praising the work of the Special Coordinator on Improving the United Nations Response to Sexual Exploitation and Abuse, she spotlighted the United States’ contribution to the trust fund that provides support to survivors. Further, she pointed out her country’s accountability efforts regarding a national, former State Department contractor and former UN employee, who was charged with sexual assault, resulting in him pleading guilty on one charge while admitting to 19 other criminal acts. In 2022, this national was sentenced to 15 years in prison for those crimes, she reported.
VICTOR SILVEIRA BRAOIOS (Brazil) aligning himself with CELAC, said all Member States should strive to overcome legal challenges to assert jurisdiction over crimes committed by their nationals when they serve as UN officials or experts on mission. Offenses, including sexual violence and abuse in peacekeeping, are concerning and must be addressed by the concerned State of nationality. Brazilian peacekeeping forces have been known for their high discipline, he said, adding that crimes committed abroad by nationals are subject to the jurisdiction of the country’s domestic courts. The country’s legal framework addresses sexual abuse and exploitation through training programmes for military as well as a mechanism to address any allegations of misconduct entailing possible criminal accountability of military personnel serving in UN missions. Further, Brazil’s ever-increasing network of bilateral and multilateral mutual legal assistance treaties in criminal and civil matters allow for speedy evidence and information exchange, when necessary, he reported.
Ms. MADE-WESSELINK (Netherlands), aligning herself with the European Union, highlighted the importance of women’s participation in peacekeeping missions. As such, there is a need to ensure that missions are diverse, as this contributes to more effective prevention of sexual exploitation, abuse and harassment. She also emphasized that it is particularly unacceptable for a UN peacekeeper to become a victim of misconduct or a crime committed by fellow peacekeepers. While having more female peacekeepers contributes to preventing sexual abuse and exploitation, they remain at higher risk of discrimination, sexual harassment and abuse themselves. This demonstrates that addressing the root causes of discrimination against women, along with those of sexual harassment and abuse, in UN peacekeeping missions requires continued attention. Also emphasizing the importance of prevention, she added that — when allegations of criminal conduct do arise — an effective investigation and prosecution by the State of nationality should be conducted.
SERGIO AMARAL ALVES DE CARVALHO (Portugal), aligning himself with the European Union, said that upholding the administration of justice and the right to due process is important to fulfilling the mandates of the United Nations, including its specialized agencies and subsidiary organs. To that end, Member States must assume an active role through establishing domestic legal frameworks guaranteeing accountability of UN officials and experts on mission as well as allocating adequate resources for exercising State jurisdiction. The Portugal Government addresses all allegations of crimes involving its nationals deployed as UN officials or experts on mission and regularly cooperates with the Secretary-General in that regard, he said, recalling that the country established Portuguese jurisdiction over certain acts committed in or outside the Portuguese territory, allowing criminal prosecution of UN officials whose immunity has been waived. Further, he underscored the importance of training armed forces before deployment on good conduct and urged Members States to collaborate transparently towards preventing and prosecuting crimes by UN officials on mission.
BAHRAM HEIDARI (Iran), associating himself with the Non-Aligned Movement, said that his country’s Penal Code and its Code of Criminal Procedure, provide the legal basis for prosecution of crimes committed by its nationals, including those serving as UN officials or experts on mission. Moreso, Iran’s criminal system ensures that Iranian nationals are not able to escape justice under the pretext of immunity. In that regard, Teheran asserts extraterritorial jurisdiction over crimes committed abroad by its nationals — based on the principle of nationality — if the offence is recognized by the Penal Code. In addition, criminal judicial assistance and extradition are permitted by Iran’s criminal law based on bilateral and multilateral treaties, as well as on the principle of reciprocity in the absence of such agreements on a case-by-case basis, he said, pointing out that the Code of Criminal Procedure provides protection for witnesses and victims who provide information in relation to such crimes.
MUHAMMAD ABDUL MUHITH (Bangladesh), associating himself with the Non‑Aligned Movement, underscored that, as a top troop- and police-contributing country, Bangladesh takes criminal accountability very seriously, maintaining a zero-tolerance policy on any allegations of misconduct. Bangladesh was one of the earliest endorsers of the Secretary-General’s voluntary compact on preventing and addressing sexual exploitation and abuse. At the national level, it has policy measures that address various forms of criminal activities. Its defence and police forces who serve in the field are subject to a system of military or police discipline. During pre-deployment training, peacekeepers learn about possible repercussions for “lapses” or acts of sexual exploitation and abuse as well as other crimes. Bangladesh also developed a customized training module on the cultural settings of different field missions. Demonstrating its victim-centred approach, Bangladesh made a voluntary contribution of $100,000 and has pledged to contribute another $50,000 to the trust fund, he said.
ABDOU NDOYE (Senegal), associating himself with the African Group and the Non‑Aligned Movement, reported that his country enacted criminal legislation to combat impunity, which facilitates investigation and prosecution of crimes committed outside of its territory. In this context, he recalled the primacy of the jurisdiction of the State of nationality over that of the host State. He also underlined the importance of accounting for victims’ needs, as the absence of investigations and prosecutions would “give the impression of total impunity” for UN officials and experts. Member States — particularly those that contribute personnel to peacekeeping missions — must take appropriate measures to ensure that experts and officials are held accountable. He added that the privileges and immunities extended to those working on behalf of the Organization must never impede the investigation of any inappropriate act or offense. “Accountability is a pillar of the rule of law and should never be doubted,” he stressed.
NATALIA JIMÉNEZ ALEGRÍA (Mexico), pointing to the new cases referred by the Office of Legal Affairs to the States of the nationality of individuals involved, expressed concern over the nature of those cases that include corruption, fraud and sexual harassment. Reiterating the importance of vetting processes in identifying possible inappropriate conduct and past actions of staff, she said that such measures help to maintain high standards of integrity. She also expressed concern that, in the majority of the cases referred to the Office, no information has been received from the States of nationality to follow-up and take action. This contributes to impunity. Underscoring the importance of the investigation policies, she said that they will not be enough if there is not enough resolve of States to ensure that their jurisdiction applies to their nationals. There must be a follow-up system with national processes to strengthen accountability and justice for victims, she asserted.
JONATHAN SAMUEL HOLLIS (United Kingdom) underscored that to guarantee a zero-tolerance to inaction on sexual exploitation, abuse and sexual harassment, six goals need to be achieved, including enforcing the Organization’s standards of conduct, ensuring people feel protected and strengthening reporting mechanisms. Further, cases must be investigated in a way that prioritizes the rights, dignity and needs of victim-survivors, protects whistle-blowers and ensures the accountability of perpetrators. On support for victims-survivors, the United Kingdom runs courses on sexual and gender-based violence investigations, developed for police being deployed to UN and African Union peacekeeping missions. The courses focus on trauma-informed and victim-centred investigations, enabling police officers to support the most vulnerable victims with the aim of bringing more perpetrators to justice. He also noted that the United Kingdom has been working with the UN and others to develop a proposed global common approach to ensure protection from sexual exploitation and abuse and sexual harassment.
AMR MOHAMED MOSAAD NOUH (Egypt), associating himself with the Non-Aligned Movement and the African Group, said addressing this issue is important for ensuring that the United Nations’ work is transparent and effective. While noting some differences of opinion on certain legal and procedural aspects, he stressed that accountability is necessary to achieve justice and control any damage that might be caused by these crimes. He also stressed that the sole responsibility for such accountability “lies squarely” on the country of citizenship of the employee concerned; that such country must take all necessary legal measures to prosecute as soon as it receives notification from the Organization. He went on to report that Egypt selects “its top elements” to participate in UN missions through testing and training, also ensuring they are aware of their legal responsibilities and liabilities. He added that frameworks for international cooperation on this topic must be strengthened and that capacity must be built in States tasked with exercising jurisdiction.
WANG YUANJIE (China), emphasizing that States should strengthen deterrence education with on-the-job training as well as oversight and management for UN officials and experts on mission to improve their professional ethics, said that the States of nationality of these officials should ensure that criminals are brought to justice. Sending and host countries should carry out extradition and mutual legal assistance in a practical spirit, while also providing information and evidence sharing, he noted, underlining the need for coordination within the UN system to respond to criminal activities. If a UN official of Chinese nationality is suspected of a criminal act, China can exercise jurisdiction in accordance with its domestic law, he said, highlighting that country’s law on foreign relations. As of September 2023, Beijing has joined over 20 multilateral treaties on judicial cooperation and has concluded 172 bilateral treaties on the same matter with 83 countries, of which 147 have entered into force, he reported.
KEKE MANTSHO ANNASTACIA MOTSEPE (South Africa), aligning herself with the African Group and the Non-Aligned Movement, hailed the bravery of those UN officials and experts on mission who risk personal prejudice to continue reporting such criminal activity and misconduct, as well as those who fulfil their duties with the necessary professionalism that preserves the credibility of the Organization. She added her support for a rule-based regime created by a multilateral convention as a long-term solution, stressing that it should ensure accountability while protecting future victims and whistle-blowers from such crimes committed against vulnerable groups seeking assistance and aid. In the short term, she called for jurisdictional gaps to be closed through implementing domestic legislation that allows national courts to have jurisdiction over UN officials and experts on mission. Member States should develop legislation to that end, she said.
AMMAR MOHAMMED MAHMOUD MOHAMMED (Sudan), associating himself with the Non-Aligned Movement and the African Group, noted that, because the actions of officials and experts on mission reflect on the image and integrity of the United Nations, a zero-tolerance policy must be applied and accountability ensured. Member States must prevent impunity and bring individuals to justice, particularly when this is not possible in the country where the offence was committed. For its part, Sudan has adopted criminal legislation facilitating the investigation of such acts and is party to international agreements providing for judicial assistance. Expressing support to the zero-tolerance policy, he underscored that tangible measures must be applied in cases of misconduct. Officials and experts have to respect the laws of the host State. The immunities and privileges granted to international officials should be lifted to judicial action after having ascertained that there is legal proof against them, he said.
ANNA V. ANTONOVA (Russian Federation) said that immunity guarantees that employees who must be impartial under the UN Charter “do not fall under pressure”. Respect for the special status of such personnel is particularly important amidst an increasing number of cases where host countries discriminate against specific members of the Secretariat based on their citizenship. She also pointed out that the report — once again — focuses on sexual exploitation and abuse. While condemning such acts, she noted that this emphasis is not consistent with the data contained in the report. She underscored that the UN suffers, “first and foremost”, from economic crime; efforts to shift the focus to sexually motivated acts suggests an attempt to sweep corruption and fraud — which occur more frequently — under the rug. She also stressed that prevention must be approached in a balanced manner and — noting the Secretariat’s focus on preventing sexual crimes through a zero-tolerance approach — said a similar approach should be used in relation to economic crimes.
KHALILAH HACKMAN (Ghana), associating herself with the Non-Aligned Movement and the African Group, noted that Ghana is a long-standing troop-contributing country. She expressed concern regarding reports of corruption, fraud, theft and other human rights violations. To close jurisdictional gaps, she encouraged Member States to adopt at the national level regulations and policies that allow for the prosecution of their nationals found culpable of criminal offences while in service. Recalling that her delegation has expounded in previous sessions the rules and regulations of the Ghana Armed Forces, which provide the legal basis for competent national authority over its men cited in criminal offenses during peacekeeping operations, she emphasized the importance of prevention as a crucial measure to avoid impunity. “We believe that the distinctive blue beret of the United Nations must continue to inspire confidence and the hope of peace in every place they are deployed,” she stressed.
EGRISELDA ARACELY GONZÁLEZ LÓPEZ (El Salvador), associating herself with CELAC, underscored that her country has observed, as a regular practice, the principles of active personality and universal jurisdiction under articles 9 and 10 of its criminal code, respectively. This constitutes a sufficient legal basis if a crime is committed abroad by a person in the service of the State who has not been prosecuted in a foreign country. As a country contributing personnel to peacekeeping missions, El Salvador has created and implemented training and guidance programmes prior to deployment to maintain highest moral and ethical standards. Those courses have a particular focus on human rights, international humanitarian law and the United Nations Code of Conduct. More so, these trainings are complemented by other measures of the national police on personnel certification and vetting of staff. Reaffirming her country’s commitment to a zero-tolerance policy, she welcomed the initiatives promoted within the United Nations system, such as the Code of Conduct to Prevent Harassment, including Sexual Harassment.
LOK BAHADUR THAPA (Nepal), aligning with the Non-Aligned movement, said that no UN personnel should abuse diplomatic immunity for impunity, underscoring that the State of nationality of the perpetrator should be responsible for the investigation, prosecution and accountability of criminal conduct. Nationally, Nepal has incorporated extraterritorial criminal jurisdiction in its Army Act to hold its troops accountable for criminal cases committed while on UN missions. Further, the country reaffirms its commitment to increasing the deployment of female peacekeepers which may reduce cases of sexual exploitation and abuse committed by the peacekeepers. In that regard, Nepal complies with the voluntary compact on preventing and addressing sexual exploitation and abuse, he said, welcoming Security Council resolution 2272 (2016). He called for increased cooperation to hold UN officials and experts on mission accountable for crimes, as well as justice for the victims, witnesses and whistle-blowers.
OUMAROU GANOU (Burkina Faso), associating himself with the African Group and the Non‑Aligned Movement, pointed out that UN officials and experts are granted certain privileges and immunities so they can carry out their missions. While acknowledging the need to respect such privileges and immunities, he recalled that they only exist to facilitate the Organization’s work and, therefore, cannot be a “pretext for impunity”. States must ensure that the personnel they deploy are fully aware of their obligation to respect the rules, laws, traditions and customs of host countries. Further, existing UN training must be regularly updated, and internal oversight mechanisms must be improved to ensure that no offence is left unpunished. He also stressed that measures to combat reprisals and influence-peddling must be promoted “as far and wide as possible”. Calling on the Secretary-General to effectively implement the zero-tolerance policy, he also invited Member States to exercise their jurisdictional authority in this regard.
TOR TANKE HOLM (Norway), also speaking for Denmark, Finland, Iceland and Sweden, said that criminal actions carried out by UN officials must be investigated and prosecuted. Reporting that 11 cases were reported between July 2022 and June 2023, he highlighted the decrease of cases compared to the previous reporting year. “However, this is 11 cases too many,” he stressed. He further expressed particular concern over the allegations of sexual exploitation and abuse, reiterating his support for the Secretary-General’s strategy to improve the Organization’s system-wide approach to prevent and respond to such criminal actions. While the numbers of allegations of sexual offences have been lower than in previous years, he voiced concern over the high number of crimes for profit, including fraud, corruption and theft.
Pointing out that too many Member States fail to respond to cases of misconduct and crimes referred to them, he emphasized that nations have the primary responsibility for addressing the accountability of UN officials and experts on mission. To that end, he encouraged those States that have not provided the required information on their follow-up at the national level to do so, also underlining their need to take necessary legislative steps to establish jurisdiction over crimes committed by their nationals while serving as UN officials or experts on mission. It is equally important to ensure the protection of victims, witnesses and whistle-blowers, he added.
KAJAL BHAT (India), associating herself with the Non-Aligned Movement, expressed concern over the significant number of instances where States to which allegations have been referred have failed to report on the steps taken in response. Noting that the primary responsibility to bring perpetrators to justice rests with Member States, she said this can only be achieved through concerted action and cooperation between States and the Organization. States of nationality must be promptly informed and consulted by the UN, and such States must act in a timely manner to establish and exercise jurisdiction, investigate and — where appropriate — prosecute. Her country’s domestic law extends to extraterritorial offences committed by Indian nationals, she reported, adding that it provides for assistance in criminal matters, allowing India to both seek such assistance from, and extend it to, foreign States. Concluding, she reiterated the need for regular contribution to the trust fund created to assist victims of sexual exploitation and abuse.
AMARA SHEIKH MOHAMMED SOWA (Sierra Leone), associating himself with the Non‑Aligned Movement and the African Group, echoed the “no compromise” approach to criminal accountability. Pointing to 11 cases reported by the Office of Legal Affairs, he said that three of them were based on sexual violence. He further welcomed a sexual and gender-based violence investigations course for police deploying UN and African Union peacekeeping missions conducted by the United Kingdom in Sierra Leone, spotlighting that this course focuses on trauma-informed, victim-centred investigations. Noting that such training is being rolled out across neighbouring countries, he urged States to extend capacity support to troop-contributing countries. On a national level, Sierra Leone continues to strengthen and advance legislative and policy documents to end sexual and gender-based violence. “Member States are morally compelled not to allow privileges and immunities granted to UN personnel to be used as a shield to commit criminal acts with impunity,” he stressed.
ARIANNA CARRAL CASTELO (Cuba), associating herself with the Non‑Aligned Movement and CELAC, emphasized that primary responsibility for investigating and prosecuting allegations against UN officials and experts on mission lies with the State of their nationality. However, neither lack of State cooperation nor jurisdictional issues should impede the performance of the judicial bodies responsible for delivering justice. Underlining the need to create effective mechanisms to prosecute and punish officials found guilty of these crimes, she called on the Secretariat to continue to improve communication with relevant Member States, from the very beginning of an incident with possible criminal implications. It is also vital to ensure that the corresponding notification processes are effectively and efficiently implemented. Encouraging Member States to provide the Secretary-General with more up-to-date information on the status of their investigations or prosecutions, she also called on the Secretary-General to continue submitting reports on these issues with a view to developing appropriate legal solutions in the Sixth Committee.
NUR AZURA BINTI ABD KARIM (Malaysia), aligning herself with the Non‑Aligned Movement, said that her country supports the UN zero-tolerance policy against criminal conduct committed by officials and experts while on mission. Only 11 cases of criminal acts committed by UN officials were referred to States, adding to the list of 342 offences committed since 2007, she noted, expressing concern that Member States are not providing information on cases. If the trend persists, distrust will increase in countries receiving UN officials or experts on mission, she warned. Member States have a responsibility to establish jurisdiction for crimes committed by their nationals while serving on UN missions, she stressed, calling on them to provide information and to implement relevant resolutions to that end. As a sending and receiving country, Malaysia adheres to its obligations under the Convention on the Privileges and Immunities of the United Nations through national legislation.