Topic: 2025 – Criminal Accountability of UN Officials
Country: Turkey
Delegate Name: Dimitri Hong
Committee: GA 6 Legal
Delegation: Türkiye
The UN relies on three pillars for its mission. The first pillar is peace and security, which tries to prevent conflict throughout the world through peacekeeping operations and peacebuilding after conflict ends (Pillars). The second pillar is human rights which through the Universal Declaration of Human Rights in 1948 declared in article 5 and 16 that family is the natural and fundamental group of society and no one shall be treated with cruel, inhuman or degrading treatment (Pillars, Universal). Another part of the UDHR in article 10 declares that everybody should have access to a fair and public hearing by an independent and impartial tribunal (Universal). Pillar three is development which tries to increase the standard of living to increase freedoms for people (Pillars). These three pillars are slowly losing support due to loss of trust from the public due to misconduct by UN officials and peacekeepers. The UN states that they have zero tolerance for misconduct by UN officials. The UN will investigate misconduct when committed by UN staff, volunteers, contractors and personnel on any mission (Conduct). The UN can also investigate national military personnel if the country they come from does not investigate those accused (Conduct). If personnel who are accused are found guilty, they will be forced to leave or be reprimanded and can have their immunity removed (Conduct). If the misconduct counts as a crime in their home country, the UN will assist in prosecution of the accused through referring allegations to nations (Conduct). But countries that have jurisdiction over these peacekeeper forces will not prosecute because of the low amount of evidence in a conflict zone and political implications (Freedman). The UN also does not have a fully followed or specific guideline on what qualifies as sexual abuse which makes it much harder to uphold international law (Freedman). In a 10-year time span from 2004-2014 there were over 2000 sexual exploitation and abuse cases in the UN and that only counts the ones investigated by the UN (Bah). This report is a symbol of the UN’s failure to protect the citizens of conflict-torn areas and then let the protector-turned-abuser walk free (Bah). As one convicted rapist said that the abuser has much more power over the victim and that the UN made a system where sex with young girls was allowed (Bah). Adding to this, many victims are scared and ashamed to report their abuse, which is why less than 40% of victims of violence seek any help and less than 10% seeking help go to authorities (Bah). Whistleblowers then have a hard time reporting these incidents due to the fact they aren’t protected from retaliation, and many in the UN are afraid of retaliation with 57% of UN’s staff in UN Joint Inspection Unit saying that the UN does not have a strong whistleblower culture (Maslen). Whistleblowers are always the most important part of any organization to root out corruption when other establishments fail, but when they are discouraged, it lets corruption and misconduct go unreported (Maslen). The process for whistleblowing is also extremely complicated with each branch having their own way of reporting misconduct and guidelines and only 2/6 branches making channels known to whistle blow externally (Maslen). Retaliation is always a big concern for whistleblowing in the UN (Maslen). Over 12.8% believed they were dismissed due to retaliation of whistleblowing, and many staff in the UN believed that the UN has no true protections for whistleblowers (Maslen). The Secretary General controls the Ethics Office funding and office posts, and their dependence on other branches has been abused by senior staff to avoid accountability and mitigate damage to the reputation of the UN (Maslen). Around 45% of the UN’s workforce are contracted so if they do report an issue, it is much harder to get another contract with the UN because retaliation to whistleblowing is not being defined well enough (Maslen, Bah). Peacekeepers and prostitution have a positive correlation which makes sense because of the money that originations and peacekeepers bring in through contracts (Kasztelan). But even when these peacekeepers resolve the problem in a conflict area the sex work economy stays which stabilizes prostitution and trafficking in the country’s economy (Bah). Misconduct done by the UN is not just sexual abuse it is also corruption through money for example the Oil for Food program which allowed sale Iraq to sell their oil illegally and many states and UN staff knew about these illegal transactions but did not report on it (Otterman). Then most recently UN staff has been accused of demanding bribes from Iraqi companies to give them a more favorable position for contracts. Most of those transactions were done in person, so it was harder to report, and these cases of misconduct gives the world more reasons why the UN is ineffective at their job (Folytn).
Türkiye is one of the founding members of the UN and since the creation of the UN, we have tried to follow its principles through our foreign policy. Even before the end of World War II we supported the idea of a multilateral organization which was the League of Nations, and our main goal is to seek a fair world system in the UN (Gök). Since the creation of peacekeeping operations in 1948, we believe that it is one of the most important systems to maintain peace and worldwide stability, and we have participated in 7 peacekeeping missions (Türkiye’s). We have also helped in places without a UN mandate like in Kosovo highlighting our focus on humanitarian protection of the innocent (Gök). Recently, Türkiye has been focusing on mediation as one of the major solutions for conflict resolution (Gök). However, Türkiye believes that UN must be reformed, which would include the UNSC, ECOSOC, the Secretariat, and making a Human Rights Council (Turkey’s). Türkiye also believes that peacekeeping must be more effective, which would require a military reserve and a civilian police reserve to be ready to maintain law and be ready if diplomacy fails (Turkey’s). Then we believe that a peacebuilding commission should be made to make peacebuilding effective and useful for the conflict area. This would centralize peacebuilding in general, which will help keep peacekeepers in check on corruption and misconduct. (Turkey’s).
The Delegation of Türkiye believes that the way to help lower misconduct is by making whistleblowing easier, more centralized, and fair. This would require the UN to give the Ethics Office its own independence from the Secretariat and then make whistleblowing in one centralized mode through anonymous reporting to prevent pre-biases of their reports. Then after reports are sent to the Ethics Office, they can review the credibility and provide an option for the whistleblower to list their name. With or without the name, the claim would be considered, and the UN would also make their work culture more open to whistleblowers and stop retaliation. This would require work meetings to discuss how retaliation for whistleblowing is not one of our values. For the accountability of UN officials, the Delegation of Türkiye believes we must allow immunity. But the Ethics Office and ICJ should work on what qualifies under immunity and what does not, which would bring much insight to a very debated topic. Then if they declare an action as not qualifying under immunity, the delegation of Türkiye believes that they should be put on trial and if found guilty should serve a sentence. This would require a major reform of the UN, creating a new organ or another sector of the ICJ which would hold prisoners and make them serve sentences. The reason the Delegation of Türkiye believes this would work is because this punishment would pressure countries to pursue cases. This would only apply to UN officials, but for peacekeepers they must be detained if caught or accused of misconduct. They would then be prosecuted through mobile courts with a jury of 3 peacekeepers in their mission and 3 civilians from the region where the area occurred. This would hopefully make the trial somewhat fair, and the jury would swiftly decide culpability of the suspect while still giving justice. Lastly, if guilty, the peacekeeper will be dismissed from their post and forced to pay reparation for their crimes or face punishment if the country abides by it. The Delegation of Türkiye also believes another solution would be by providing only the bare basics for these peacekeepers instead of giving more money than needed so that they cannot use and abuse the people of the conflict zone they should be protecting. Also, we could give payment after the mission so they cannot use this money to abuse the citizens they should be protecting. We must also try to make victims’ stories heard and understood, and this could be done through peacekeepers that know the language of the conflict zone asking the populace about any misconduct that any UN forces have done and then giving warning signs of abuse to these citizens.
Work Cited:
Criminal Accountability of UN Officials
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