Criminal Accountability of UN Official and Experts on Missions (GA 6th)

1. Criminal Accountability of UN Official and Experts on Missions(GA 6th) By: Leah Barnett &Hunter Champ

2. What is the GA 6th? • The GA 6th is a legal committee to set guidelines for Un official, what they can or cannot do, and what they are immune to. • Focus is for the consideration of legal questions of the general assembly. • Also focuses on criminal conduct of UN official during missions. • Includes: • Prostitution • Rape • Abuse • Sexual Exploitation

3. Background • UN has from the beginning set guidelines and immunities for the UN officials and Experts • Example • If one says something against or unapproved by their country, they cannot be prosecuted by that country • The immunities help the UN officials continue their work without interference. • If there were no immunities, official could not write proper reports and could be prosecuted by their country

4. Distinguishing UN Officials from Military Personal. • There are two different groups: • The UN officials • Negotiate peace treaties • Military personnel • Keep the physical peace • Both try to keep the peace, not make peace

5. Jurisdiction • The UN officials Jurisdiction is to the UN, countries cannot prosecute, it is up to the UN • Example • If a UN official does something says something Venezuela does not want them to say or is against Venezuela, Venezuela cannot prosecute the UN officials • In some instances it can be viewed as corruption if one is not prosecuted. • They would use the three-pronged response • Three-pronged response is preventing, punishing, and enforcing

6. Current Situation • The situation has been getting worse, and the UN are worried about the issue of accountability of UN officials because more and more issues of sexuality came up • Example • One UN peacekeeper raped and 18 year old man, when a video was posted online, the UN officials had to step in • Other allegations have been made in the Congo, Bosnia, and Haiti. • The UN has however made progress because they have started a zero tolerance policy against these issues • Although they have been slightly successful, issues still find there way back • It is important to work towards governing over these issues in the allegations, and investigating and prosecuting these cases alongside the international community

7. International Action • Likely said before the UN is continuing to address the problem • A problem in the Congo, and the UN has been pressured into taking the problem more seriously • A group of legal experts were assigned to specifically report criminal accountability of UN staff and experts.

8. State Responses • Although this seams like a UN issue, the involvement of the states is vital to further and investigation • During a Humanitarian crisis or Civil war, the UN will help public life • During these times they weren’t able to have trials before the court because they would have trouble wavering an immunity • The UN encourages states to use their criminal jurisdiction to prosecute UN official who commit a serious crime During a UN mission • A group of legal experts are setting rules on what to do in cases of official misconduct

9. Recommendations for Creating a Resolution • Any good resolution should have both institutional and state responses • Institutional is the three-pronged response . It is important to look at specific rule and which needs to be improved, and which needs to be enforced more. • State is that countries must consider both short and long term proposals. It is necessary states look into enforcing their laws to prosecute those responsible for their crime while on their peacekeeping missions