Report of the Ad Hoc Committee on criminal accountability of United Nations officials and experts on mission (Second Session)

The report of the Ad Hoc Committee on criminal accountability of officials and experts on mission addresses the issue of criminal responsibility of United Nations officials and experts on mission participating in peacekeeping operations. The work of the Committee is part of the Agenda Item  entitled “Comprehensive review of the whole question of peacekeeping operations in all their aspects”. The report provides information regarding the practice of the Organization in relation to criminal investigations involving United Nations agents and officials.

The report notes that issues concerning the exercise of criminal jurisdiction over United Nations staff members are dealt with by the Office of the Secretary General, the Office of Legal Affairs and the relevant departments. In particular, the Office of Legal Affairs might provide advices on legal questions regarding the exercise of criminal jurisdiction including the issue of the waiver of immunity. In particular, it underlines that “in making determinations on waiver, the main considerations revolved around safeguarding the interests of the Organization and the impact of waiver or lack thereof in the administration of justice”,  and that “as there was no right to counsel for staff members, the provision of counsel by the Organization was discretionary and decided on a case-by-case basis”.

The report also stresses the need to explore means of cooperation among States and between the United Nations and States in order to ensure accoutability for crimes of serious nature. On the other hand, it highlights that the measures adopted by States must respect the immunities of the organization and its agents.