Criminal Accountability of United Nations Officials and Experts on Mission

A/RES/75/132No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 77Criminal accountability of United Nations officials and experts on mission, published in 2020.

What other versions does this mandate have?

20 versions · 2006–2025

This is an older version — the most recent is A/RES/80/160

2025A/RES/80/160Criminal accountability of United Nations officials and experts on missionLatestCompare with previous version
2024A/RES/79/116Criminal accountability of United Nations officials and experts on missionCompare with previous version
2023A/RES/78/102Criminal accountability of United Nations officials and experts on missionCompare with previous version
2022A/RES/77/98Criminal accountability of United Nations officials and experts on missionCompare with previous version
2021A/RES/76/106Criminal accountability of United Nations officials and experts on missionCompare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

7 topics

Accountability Criminal Investigation Criminal Jurisdiction Experts International Civil Service Sex Crimes Standards of Conduct

Which reports were submitted under this mandate?

2 reports of the Secretary-General submitted under this mandate, 2021.

2021A/76/208Criminal accountability of United Nations officials and experts on mission report of the Secretary-General
2021A/76/205Criminal accountability of United Nations officials and experts on mission report of the Secretary-General

Identified automatically from the metadata in each report’s UN Digital Library catalogue record.

What does this mandate say?

37 operative paragraphs

Takes note of the reports of the Secretary-General, in particular annexes I and II to the report submitted pursuant to paragraphs 31 and 32 of its resolution 74/181, which provide additional information on the nature of the allegations and information received from States on all referrals since 1 July 2007 and notifications received from States with respect to investigations or prosecutions of crimes allegedly committed by United Nations officials or experts on mission since 1 July 2016;

Also takes note of the report of the Secretary-General on special measures for protection from sexual exploitation and abuse, as well as the findings of the Office of Internal Oversight Services of the Secretariat in its evaluation report of 15 May 2015, including on the issue of underreporting;

Welcomes the commitment of the Secretary-General to refer credible allegations of sexual exploitation and abuse to the Member State of the United Nations officials or experts on mission for appropriate action;

Also welcomes the work of the Special Coordinator on Improving the United Nations Response to Sexual Exploitation and Abuse, and requests the Secretary-General to regularly update Member States on progress with respect to the implementation of the mandate of the Special Coordinator;

Expresses its concern with respect to all alleged crimes on the part of United Nations officials and experts on mission, including allegations of fraud, corruption and other financial crimes, and in that regard welcomes the reaffirmation by the Secretary-General that there will be no tolerance for any corruption at the United Nations;

Urges the Secretary-General to continue to ensure that his zero-tolerance policy for criminal activities, such as sexual exploitation and abuse, fraud and corruption, is made known to all United Nations officials and experts on mission at all levels, especially those in managerial positions, and is fully implemented in a coherent and coordinated manner throughout the United Nations, including funds and programmes, and calls upon all entities in the United Nations to inform and to cooperate fully with the Office of Legal Affairs of the Secretariat in all cases involving allegations that a crime may have been committed by a United Nations official or expert on mission;

Requests the Secretary-General to ensure greater quality and consistency in investigations by investigative entities of the Organization through the development of harmonized standards of investigation, including verification of allegations and information received;

Expresses its concern with respect to the low rate of response from States to referred allegations and to requests for information on their provisions addressing the establishment of jurisdiction over crimes, as urged in its resolution 74/181, and in particular expresses its deep concern with regard to the significant number of instances where States to which allegations have been referred have failed to advise the United Nations of any steps taken in response to such referrals, and also with regard to the failure to acknowledge such referrals;

Strongly urges States to take all appropriate measures to ensure that crimes by United Nations officials and experts on mission do not go unpunished and that the perpetrators of such crimes are brought to justice, without prejudice to the privileges and immunities of such persons and the United Nations under international law, and in accordance with international human rights standards, including due process;

Strongly urges all States to consider establishing, to the extent that they have not yet done so, jurisdiction over crimes, particularly those of a serious nature, as known in their existing national criminal laws, committed by their nationals while serving as United Nations officials or experts on mission, at least where the conduct as defined in the law of the State establishing jurisdiction also constitutes a crime under the laws of the host State, and, further, urges States and appropriate international organizations to provide technical and other appropriate assistance in developing such legal measures to States requesting such support;

Encourages all States and the United Nations to cooperate with each other in the exchange of information and in facilitating the conduct of investigations and, as appropriate, the prosecution of United Nations officials and experts on mission who are alleged to have committed crimes of a serious nature, in accordance with their national law and applicable United Nations rules and regulations, fully respecting due process rights, as well as to consider strengthening the capacities of their national authorities to investigate and prosecute such crimes;

Encourages all States:

To afford each other assistance in connection with criminal investigations or criminal or extradition proceedings in respect of crimes of a serious nature committed by United Nations officials and experts on mission, including assistance in obtaining evidence at their disposal, in accordance with their national law or any treaties or other arrangements on extradition and mutual legal assistance that may exist between them;

In accordance with their national law, to explore ways and means of facilitating the possible use of information and material obtained from the United Nations for purposes of criminal proceedings initiated in their territory for the prosecution of crimes of a serious nature committed by United Nations officials and experts on mission, bearing in mind due process considerations;

In accordance with their national law, to provide effective protection for victims of, witnesses to and others who provide information in relation to crimes of a serious nature alleged to have been committed by United Nations officials and experts on mission and to facilitate access of victims to victim assistance programmes, without prejudice to the rights of the alleged offender, including those relating to due process;

In accordance with their national law, to explore ways and means of responding adequately to requests by host States for support and assistance in order to enhance their capacity to conduct effective investigations in respect of crimes of a serious nature alleged to have been committed by United Nations officials and experts on mission;

Requests the Secretariat to continue to ensure that requests to Member States seeking personnel to serve as experts on mission make States aware of the expectation that persons who serve in that capacity should meet high standards in their conduct and behaviour and be aware that certain conduct may amount to a crime for which they may be held accountable, and also requests the Secretariat to take all appropriate measures to continue to ensure that all such personnel, as well as United Nations officials, are properly vetted by the States contributing personnel and by the Organization for any prior misconduct while serving with the United Nations;

Urges the Secretary-General to make Member States contributing personnel to serve as experts on mission aware of the necessity of providing appropriate conduct-related training prior to deployment, and also urges the Secretary-General to continue to take such practical measures as are within his authority to strengthen existing training on United Nations standards of conduct, including through predeployment and in-mission induction training for United Nations officials and experts on mission;

Reiterates its decision that, bearing in mind its resolutions 62/63 and 63/119, the consideration of the report of the Group of Legal Experts, in particular its legal aspects, taking into account the views of Member States and also noting the inputs by the Secretariat, shall be continued during its seventy-seventh session in the framework of a working group of the Sixth Committee, and, for that purpose, invites further comments from Member States on that report, including on the question of future action;

Takes note of the briefings by the Secretariat during the seventieth to seventy-fifth sessions, and decides to organize another briefing at the seventy-sixth session with a view to furthering discussion on measures that could be taken to help to ensure the accountability of United Nations officials and experts on mission and prevent future crimes;

Recognizes the efforts of Member States towards devising concrete proposals to ensure the accountability of United Nations officials and experts on mission, and encourages all Member States to redouble their efforts informally during the intersessional period, with the support of the Secretariat, in particular through the organization of informal briefings;

Requests the Secretary-General to bring credible allegations that reveal that a crime may have been committed by a United Nations official or expert on mission to the attention of the States against whose nationals such allegations are made and to request from those States updates, as set out in paragraph 20 below, on the status of their efforts to investigate and, as appropriate, prosecute crimes of a serious nature, as well as the types of appropriate assistance that States may wish to receive from the Secretariat for the purposes of such investigations and prosecutions;

Also requests the Secretary-General to seek, from all States that have notified the United Nations with respect to investigations or prosecutions of crimes allegedly committed by United Nations officials or experts on mission, updates on the status of their investigations or prosecutions, provided that this would not prejudice national investigations or national proceedings;

Urges the States referred to in paragraphs 18 and 19 above to provide to the Secretary-General periodic updates on their handling of the allegations, in order to demonstrate that Member States are taking steps to ensure accountability for crimes committed by United Nations officials and experts on mission, in particular by informing the Secretary-General of whether any disciplinary or criminal proceedings have been brought and of the outcome of any such proceedings or the reasons for not initiating them, provided that this would not be contrary to national laws or prejudice national investigations or national proceedings, and requests the Secretary-General to continue and undertake the necessary follow-up with the States concerned, by all appropriate forms of communication, with a view to encouraging those States to respond;

Encourages all States to provide to the Secretary-General a point of contact in order to strengthen and enable efficient communication and cooperation between the United Nations and Member States, and requests the Secretary-General to maintain and update a list of points of contact;

Requests the United Nations, when its investigations into allegations suggest that crimes of a serious nature may have been committed by United Nations officials or experts on mission, to consider any appropriate measures that may facilitate the possible use of information and material for purposes of criminal proceedings initiated by States, bearing in mind due process considerations;

Encourages the United Nations, when allegations against United Nations officials or experts on mission are determined by a United Nations administrative investigation to be unfounded, to take appropriate measures, in the interests of the Organization, to restore the credibility and the reputation of such officials and experts on mission;

Urges the United Nations to continue to cooperate with States exercising jurisdiction in order to provide them, within the framework of the relevant rules of international law and agreements governing activities of the United Nations, with information and material for purposes of criminal proceedings initiated by States;

Recalls the Secretary-General’s bulletin on protection against retaliation for reporting misconduct and for cooperating with duly authorized audits or investigations, underlines the importance of a culture in which individuals are encouraged and supported by the Organization to report alleged crimes, emphasizes that the United Nations, in accordance with the applicable rules of the Organization, should take no action that would retaliate against or intimidate United Nations officials and experts on mission who report allegations concerning crimes of a serious nature committed by United Nations officials and experts on mission, and stresses the need for appropriate safeguards against retaliation;

Stresses the critical importance of ensuring that victims of criminal conduct perpetrated by United Nations officials and experts on mission are made aware of available victim assistance and support, including from a gender perspective, and requests the Secretary-General to report to the Sixth Committee on available victim assistance and support during the briefing at its seventy-sixth session;

Takes note with appreciation of the information provided by Governments in response to its resolutions 62/63, 63/119, 64/110, 65/20, 66/93, 67/88, 68/105, 69/114, 70/114, 71/134, 72/112, 73/196 and 74/181, and urges Governments to continue to take the measures necessary for the implementation of those resolutions, including their provisions addressing the establishment of jurisdiction over crimes, particularly those of a serious nature, as known in their existing national criminal laws, committed by their nationals while serving as United Nations officials or experts on mission, as well as cooperation among States, and to provide specific details thereon, in particular with respect to paragraph 10 above, in the information provided to the Secretary-General;

Recalls its request in resolution 74/181 for Governments to provide specific details on the measures taken, as necessary, for the implementation of its resolutions 62/63, 63/119, 64/110, 65/20, 66/93, 67/88, 68/105, 69/114, 70/114, 71/134, 72/112 and 73/196, and notes that, in response to those resolutions, 158 submissions and 17 questionnaire responses were received from 65 Member States between 6 December 2007 and 18 August 2020;

Requests the Secretary-General to keep up to date the online compilation of the full submissions and questionnaire responses as well as the online summary table of national provisions, based on information received from Member States since 2007, regarding the establishment of jurisdiction over their nationals whenever they serve as United Nations officials or experts on mission, in relation to crimes as known in their existing national criminal laws, particularly those of a serious nature, and also requests the Secretary-General to prepare a report containing a general overview of national provisions, based on the information received, for the seventy-sixth session of the General Assembly, provided that sufficient information has been received from Member States;

Takes note of the report of the Secretary-General setting out updates to all relevant existing policies and procedures of the United Nations system regarding the allegations referred to in paragraphs 18 and 19 above, and requests the Secretary-General to continue to report on any updates to those policies and procedures and to develop recommendations to help to ensure that such policies and procedures relating to the reporting, investigation, referral and follow-up of credible allegations revealing that a crime may have been committed by a United Nations official or expert on mission are coherent, systematic and coordinated throughout the United Nations system;

Requests the Secretary-General to report to the General Assembly at its seventy-sixth session on the implementation of the present resolution, in particular with respect to paragraphs 10, 12, 13, 15, 18, 20 and 30 above, as well as any practical problems in its implementation, on the basis of information received from Governments and the Secretariat;

Also requests the Secretary-General to continue to improve reporting methods and expand the scope of reporting by providing information on the allegations referred to in paragraphs 18 and 19 above, as well as information received pursuant to paragraph 20 since 1 July 2007, limited to the United Nations entity involved, the year of referral, the dates and methods of follow-up requests from the Secretary-General, information about the type of crime and a summary of allegations, the status of investigations, prosecutorial and disciplinary actions taken, including with respect to individuals concerned who have left the duty mission or the service of the United Nations, any requests for waivers of immunity, as applicable, and information on jurisdictional, evidentiary or other obstacles to prosecution, while protecting the privacy of the victims as well as respecting the privacy and rights of those subject to the allegations;

Decides to include in the provisional agenda of its seventy-sixth session the item entitled “Criminal accountability of United Nations officials and experts on mission”.

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Who created this mandate?

What other versions does this mandate have?

What subjects does this mandate have?

Which reports were submitted under this mandate?

What does this mandate say?

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