Topic: 2025 – Criminal Accountability of UN Officials
Country: Ireland
Delegate Name: Josh Machnacki
The criminal accountability of United Nation (UN) officials is an incredibly nuanced, longstanding and technical problem. As a nation with an extensive history of troop contribution, the Republic of Ireland firmly believes that the Legal Committee must do everything possible to improve existing systems that work to hold officials, including peacekeepers, accountable, and seek out new methods to address this vital issue. Severe crimes such as sexual exploitation and abuse (SEA) and other illegal actions by UN officials must not go unpunished, with the lack of accountability damaging the reputation and fracturing public trust in this Organization.
As stated in 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 (2006), “Officials and experts on mission for the United Nations enjoy immunity from the exercise of national criminal jurisdiction for acts performed in the exercise of their official functions.” The Secretary General of the United Nations is charged with determining if an act is part of the perpetrators official duties. If they deem it is not, immunity does not apply. In the event that the action was performed in the exercise of their official functions, the Secretary General may still waive immunity when doing so would not harm UN interests and would allow justice to be served. The home state of the official retains jurisdiction at all times, meaning the Secretary General does not necessarily have to waive immunity for the official to be held accountable. Ireland favors that course of action, as it protects UN employees from possible political prosecution. UN peacekeepers/members of military contingents have the privileges and immunities specified in their Status of Forces Agreement (SOFA), an agreement between the UN and host state detailing the legal status of peacekeepers in the host state for that mission. Under the model SOFA, jurisdiction for prosecution is completely retained by the Troop Contributing Country (TCC). It falls on member states to ensure they have in place laws establishing jurisdiction over crimes committed by foreign nationals, which Ireland has done, and encourages all states to do. This is the best way to ensure prosecution is possible and accountability is upheld. Ireland supports the current system of the The Office of Internal Oversight Services (OIOS) (the internal oversight body of the UN) for investigating fraud, corruption, sexual exploitation and abuse and other misconduct. Ireland believes that the current OIOS system should greatly increase in transparency. Member states should be required to report action taken after receiving a report that a national committed a crime. The threat of public scrutiny would prevent nations from falling back onto inaction. Prosecution by the home state must not mean support does not reach the victims of crimes committed by UN personnel. Ireland supports the efforts of the Trust Fund to support the victims of sexual exploitation and abuse, which provides funding to specialized services, which provide assistance and support required by victims and children born as a result of sexual exploitation and abuse, including medical care, legal services, and psycho-social support, as well as aid in other areas.
The Delegation of Ireland is committed to ensuring accountability is upheld, and will work to advance/support resolutions addressing as many of the facets of this issue as possible. Existing UN investigatory systems must be clarified so they can be properly utilized by victims, and be made to be more transparent. Where crimes are committed by members of military contingents, TCC’s should have legislation in place to enable prosecution. The Legal Committee needs to push as hard as possible for measures to achieve these ends. Member states must not allow accountability to be left to the wayside. Inaction will result in the continued degradation of the UN’s reputation and worse, the continued harm to the people the UN works to help.
Sources:
United Nations, “Report of the Secretary-General’s Special Adviser, Prince Zeid Ra’ad Zeid al-Hussein, on a Comprehensive Strategy to Eliminate Future Sexual Exploitation and Abuse in United Nations Peacekeeping Operations (A/59/710).” 24 Mar. 2005, United Nations.
“Group of Legal Experts” Report (via Sixth Committee / criminal accountability)
United Nations General Assembly, “Criminal Accountability of United Nations Officials and Experts on Mission: Note by the Secretariat and Report of the Group of Legal Experts (A/62/329 & A/62/54).” 8 Jan. 2008, General Assembly.
Trust Fund in Support of Victims of Sexual Exploitation and Abuse site
United Nations, “Trust Fund in Support of Victims of Sexual Exploitation and Abuse.” United Nations Preventing Sexual Exploitation & Abuse website, www.un.org/preventing-sexual-exploitation-and-abuse/content/trust-fund.
United Nations General Assembly, “A/RES/62/63. Criminal Accountability of United Nations Officials and Experts on Mission.” 8 Jan. 2008.
United Nations Office of Internal Oversight Services. Office of Internal Oversight Services (OIOS). United Nations, www.un.org/oios.
“Peacekeeping.” Role & Policies: International Priorities – Peace and Security, Department of Foreign Affairs, Government of Ireland, www.ireland.ie/en/dfa/role-policies/international-priorities/peace-and-security/peacekeeping/.
