Topic: 2025 – Criminal Accountability of UN Officials
Country: Malaysia
Delegate Name: Sage England
United Nations General Assembly Legal Committee
Criminal Accountability of UN Officials
Malaysia
Sage England
Forest Hills Eastern High School
The United Nations Legal Committee’s number one priority is to oversee, address, and resolve any issues related to United Nations officials. In recent years, peacekeepers in countries such as the Central African Republic, the Democratic Republic of the Congo, and Haiti have spoken on allegations regarding United Nations officials: namely, the privilege of immunity from local prosecution United Nations employees obtain, and the misuse of said privilege. United Nations staff members are granted immunity from local prosecution to ensure they can perform their duties effectively without political interference; however, staff members have been accused of using this privilege to commit crimes, knowing they would be able to evade prosecution for their actions. These cases have brought international attention to the United Nations’ stability, its member states’ actions, and accountability taken on both sides, or lack thereof.
Malaysia stands firm in the position that all United Nations personnel should be held equally accountable for their actions to bring justice to the world. Malaysia supports the United Nations policies that promote zero tolerance for crimes, specifically crimes involving SEA (sexual exploitation and abuse), and emphasizes that immunity is necessary to protect the nation’s Operational independence–but it should not be a safeguard. To institute accountability, it must be applicable to all states, enforceable, and consistent for all countries.
Malaysia’s main issue with this topic is that member states that claim to prosecute United Nations personnel who have committed these crimes usually fail to provide follow-up reports once they receive the referral for prosecution. The United Nations, having insufficient information, is unable to verify if meaningful legal action has taken place.
Malaysia has demonstrated its own capability to effectively prosecute its own officials, specifically peacekeepers, who have committed crimes while on mission. The International Organisations (Privileges and Immunities) Act of 1992 implements United Nations immunity in Malaysian law; the Armed Forces Act of 1972 provides territorial authority to prosecute Malaysian military personnel serving overseas; the Extradition Act of 1992, as well as the Mutual Assistance in Criminal Matters Act of 2002, both establish procedures for effective cooperation, evidence sharing, and coordinated prosecution with other states. Malaysia prioritizes United Nations personnel crime prevention through pre-deployment training, which includes instruction at the Malaysian Peacekeeping Training Centre and the use of the United Nations’ Clear Check screening program’s database to ensure new personnel do not currently have a criminal record.
Malaysia maintains that the responsibility for holding United Nations personnel accountable for their actions through prosecution should reside primarily with the state, ensuring accountability and legal jurisdiction. This responsibility must include measurable standards, reporting requirements, and cooperation to ensure effective justice is served.
Works Cited
United Nations. Criminal Accountability of United Nations Officials and Experts on Mission. GLICA, https://glica.org/glimun/committees/criminal-accountability/.
United Nations General Assembly Sixth Committee. Criminal Accountability of United Nations Officials and Experts on Mission: 78th Session. United Nations, https://www.un.org/en/ga/sixth/78/criminal_accountability.shtml.
United Nations Office of Legal Affairs. Ad Hoc Committee on Criminal Accountability of United Nations Officials and Experts on Mission. United Nations, https://legal.un.org/committees/criminal_accountability/.
United Nations Office of Legal Affairs. Reports of the Ad Hoc Committee on Criminal Accountability. United Nations, https://legal.un.org/committees/criminal_accountability/reports.shtml.
United Nations General Assembly. “General Assembly Adopts Texts on Criminal Accountability of U.N. Officials.” UN Press Releases, 2008, https://press.un.org/en/2008/ga10798.doc.htm.
United Nations. Questionnaire on Criminal Accountability: Responses from Member States. United Nations, https://www.un.org/en/ga/sixth/71/criminal_accountability/questionnaire_rok_e.pdf.
