Legal committee-topic-area-b rotaract global model un 2015

Legal Committee of the UN: GA6
Criminal Accountability of UN Officials and Experts on Mission
Rotaract Global Model United Nations; Belgrade 26 – 30 August, 2015
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Chair: Joshika Saraf, Co-Chair: Sonia Saranti
Legal Committee
TOPIC AREA B: CRIMINAL ACCOUNTABILITY OF UN OFFICIALS
AND EXPERTS ON MISSION

CONTENTS
I. Letter from Executive Board…………………………………………………………………. 3
II. Introduction to the Committee…………………………………………………………….. 4
III. History of the Committee…………………………………………………………………….. 5
IV. Introduction to the Topic……………………………………………………………………… 6-7
- Statement of the Problem………………………………………………………….. 8
- History and Discussion of the Problem……………………………………….. 8-9
V. Case Studies and Examples…………………………………………………………………..
9-13
- Liberia………………………………………………………………………………………… 9
- Haiti…………………………………………………………………………………………… 10
- Bosnia………………………………………………………………………………………… 10
- Democratic Republic of Congo…………………………………………………….10
- Rwanda……………………………………………………………………………………… 11
- Sudan………………………………………………………………………………………… 11
- Cambodia……………………………………………………………………..…………… 11
- Somalia……………………………………………………………………………………… 11
- Knowlton v. Supreme Court of Canada 1973- Criminal Law…………12
- Diplomatic Immunity in case of Murder (Sri Lanka and London)….13
VI. Past UN Actions…………………………………………………………………………………….14
VII. Failed Attempts to resolve the issue……………………………………………………..14
VIII. Bloc Positions……………………………………………………………………………………….15-16
- Australia, Canada and New Zealand……………………………………………15
- European Union in addition to former Yugoslav Republic of Macedo-
nia, Albania, Montenegro and Serbia, Norway, Ukraine, The Republic
of Moldova, Armenia and Georgia………………………………………………….15
- India…………………………………………………………………………………………..15
- Israel………………………………………………………………………………………….16
- China………………………………………………………………………………………… 16
- Non-Aligned Movement…………………………………………………………….16
IX. Proposed Solutions……………………………………………………………………………..16-17
X. Bibliography………………………………………………………………………………………..18-19
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LETTER FROM THE EXECUTIVE BOARD
Dear Delegates,
I welcome you all to the Legal Committee (GA6) at Rotaract Global Model United
Nations Conference 2015. It is my honor and privilege to serve as your Executive
Board for the duration of the conference. The agenda for the committee is
“Criminal Accountability of UN Officials and Experts on Missions.
Keeping in mind your busy schedules, I have compiled this study guide to help you
with your research for council. Bear in mind that the study guide is in no way
exhaustive and is only to provide you with enough background information to
establish a platform for you to begin your research. I would highly recommend that
you do a good amount of research beyond what is covered in the study guide.
First timers and experienced delegates alike, please go through standard MUN
Rules of Procedure before coming to council. I will spend a part of the first session
explaining the same to you, but it’s always better to have a fair idea of how
council will function before you step in on Day One. We will be following UNA-USA
Rules of Procedure in council.
Furthermore, please take in serious consideration the following points regarding
the type of documents that you might want to produce in the committee so as to
substantiate your stand.
• Valid and Binding:
1. All reports published by the United Nations and its agencies.
2. Reports by Governments and its agencies. (With respect to their country
only.)
• Valid but not binding, in the order of precedence:
1. Reuters 
2. Al Jazeera 
3. Amnesty International
4. Human Rights Watch 
5. Reporters without borders
• Not Valid but can be used for reference purposes:
1. Any report published by a recognized news agency or NGO.
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• Not accepted under any condition:
1. Wikipedia
2. WikiLeaks
3. Blog Articles
4. The Background Guide itself
Please feel free to contact me, in case of any query. I would love to help you in
every way possible.
Till then,
Truly Yours,
Joshika Saraf (Chairperson, Legal Committee)
INTRODUCTION TO THE COMMITTEE
The Legal Committee, also referred to as the Sixth Committee, is one of six major
committees in the United Nations General Assembly (GA). The general Assembly is
one of the main policy-making bodies in the UN, and the Legal Committee is
responsible for dealing with the delicate issue of International Law that includes a
number of areas including human rights, economic and social development,
international security, and issues dealing with United Nations Organizations
(UNO’s).
International Law is grounded in the ideas of natural law. These laws are those that
are accepted by the general population as morally sound. International Law
endures regime changes and helps ensure justice no matter what the political
atmosphere is. In times of changing political climates, it can thus serve as a bridge
for shifting understandings of legality. War crimes and “crimes against humanity”
are examples of injustices that international law has addressed in the past.1
The topics that the Sixth Committee deals with are thus highly interdisciplinary,
and both of this year’s topics are no exception to this. The Sixth Committee thus
works closely with other General Assembly committees and policy groups to
recommend legislation and solutions.
The 1946 Convention of the Privileges and Immunities of the UN:1
This convention was adopted by the General Assembly on 13 February 1946. It gives immunities and special status
to United Nations officials. There are conditions under which the immunity may be lifted, including when they go
against the Staff Regulations and Rules or the Secretary-General’s bulletins and UN administration instructions.
Link: http://www.unog.ch/80256EDD006B8954/(httpAssets)/C8297DB1DE8566F2C1256F2600348A73/$file/
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HISTORY OF THE COMMITTEE
The General Assembly’s first session was held in Westminster, London in 1946. It is
one of five principal organs of the United Nations, the others being the Security
Council, the International Court of Justice, the Economic and Social Council
(ECOSOC), and the Secretariat. The General Assembly is the only organ to have
equal representation for all UN member states; each country has one vote and
either a two-thirds majority or a simply majority vote decided most issues. Thus,
the General Assembly gives countries with small populations a large influence in
United Nations policy. It is important to note that recommendations voted on in the
General Assembly are not binding to all members. It oversees the United Nations’
budget, works alongside other UN organs to create recommendations in the form of
resolutions, and is responsible for appointing non-permanent members to the
Security Council. The General Assembly elects a president to lead its sessions along
with the Secretary General. According to the United Nations Charter, Article 22,
“the General Assembly may establish such subsidiary organs as it deems necessary
for the performance of its functions.” The Legal Committee is one of such organs.
The Legal Committee focuses on legal discussions and recommendations to the
United Nations. As in the other committees, all United Nations member states have
equal representation in the Legal Committee. Important past contributions to the
UN include a prominent role in the creation of international judicial bodies such as
the International Criminal Court.
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INTRODUCTION TO THE TOPIC
“If the rule of law means anything at all, it means that no one is above the
law”
- Secretary General to the Security Council on the Rule of law and transitional
justice.
Without proper checks on the actions of United Nations Officials, it is the belief of
many countries that UN Officials will abuse the vulnerability of the system for the
benefit of their own person not for the benefit of the international community.
Concerns arose over the criminal accountability of UN Officials, in cases of UN
Officials committing sexual exploitations and abuses during missions, without
receiving repercussions for their actions. In May of 2008, BBC published an article,
sourced from the charity Save the Children, claiming that children as young as six
were being sexually abused by UN peacekeepers. A thirteen-year-old girl described
to the charity organization how she was raped by a group of ten UN peacekeepers
in the Ivory Coast. No action was taken against the UN Officials, and the girl was
left terrified and bleeding. Another offense occurred in March 2012, in Haiti
involving another instance of sexual abuse by UN Stabilization Mission in Haiti
(UNSMIH) peacekeepers, this time victimizing a fourteen-year-old Haitian boy.
Other instances of sexual exploitation and abuse occurred in Bosnia, Burundi,
Cambodia, and Democratic Republic of the Congo, Liberia, and Sierra Leone.
Currently, the United Nations operates under a “zero tolerance” policy for illegal
and offensive actions by UN Officials; however, criminals are returned to their
home country for punishment, and often the punishment is not carried out due to
the beliefs of that country. More commonly, as in the case of the Ivory Coast
situation, the UN Officials’ criminal actions are never realized and thus they do not
face consequences. Other offenses by UN peacekeepers include fraud,
mismanagement, and corruption specifically pertaining to supplies and funds. For
example, the UN Secretariat provided over $1.6 in supplies to aid peacekeeping
missions in 2005, but after an audit was conducted, it was concluded that over
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$265 million was not actually applied to the goal of the mission, falling victim to
waste and fraud.
Furthermore, in 2006, UN peacekeepers were suspected of interacting in illegal
activities with Congolese soldiers, including gold smuggling and trafficking of arms.
The UN was accused of having hidden these abuses by the peacekeepers from the
general public, making the situation even worse with the UN’s supposed zero
tolerance policy for UN Official abuses completely ignored. UN peacekeeping
operations exist with the goal of securing international peace, and with
peacekeepers committing mismanagement and corruption, in addition to sexual
exploitation and abuse, the target goal of achieving peace cannot easily be
achieved.
Since the Vienna Convention set up the models on discretionary and consular
relations in 1961, foreign dignitaries have been conceded insusceptibility from both
common and criminal liabilities to individuals on political missions. This system
empowers agents to be free from intimidation and subjection by their host country
with just the capacity to demand a review of conciliatory work force. Likewise,
amongst UN peacekeepers and authorities, a type of individual sacredness which
blocks captures and confinement in remote soils has brought about the absence of
lawful responsibility for unlawful acts conferred by people who fall inside of these
classes. The issue was initially considered in the arrangement for the Declaration
of Rights and Duties of the States in 1949, which laid out the privilege every state
has in practicing ward over its domain and over all persons and things in that,
subject to the immunities perceived by universal law. As being what is indicated,
this condition shields against arraignment of conciliatory authorities from both
states and global associations when connected with-in contemporary lawful
parameters. In that capacity, in 2006, the Legal Committee General Assembly
started investigating claims made by governments in regards to the absence of
criminal responsibility by concentrating on the jurisdictional holes and benefits
which these dignitaries and authorities fall inside. So as to uproot the detrimental
and negative impacts that criminal action has on the picture, validity and absence
of prejudice of both UN and remote dignitaries, it gets to be vital to create global
legitimate benchmarks and convention for tending to the criminal demonstrations
of these people.
The preliminary report presented to Geneva in 2008 by Russian Rapporteur Roman
Kolodkin identifies the preliminary issues with establishing new law and standards
for foreign state representatives. He focuses on the international treatises such as
the 1973 Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons, including diplomatic agents, and the earlier
consideration in the 2004 United Nations Convention on Jurisdictional Immunities
of States and their Property. Both of these accords account for provisions
concerning the definition of the status of state officials and their immunity and
would need to be considered. Furthermore, he identifies the divisions between
civil and criminal cases alongside the difficulty in establishing how UN officials who
are transnational entity would be prosecuted.
With the growing activism towards anti-impunity, which stresses that the failure to
punish is an injustice, and that through prosecution and sentencing not only will
victims be given restitution but will deter against future crimes. As an international
organization, the UN Legal Committee not only has to establish the legal norms,
but also maintain strong political norms in asserting the right to standards of
criminal accountability for its members and employees. With issues raised
regarding the lack of political incentives, and selective enforcement, delegates will
need to consider not only the method by which crimes are reported and
prosecuted, but also how national laws and legal protocol will impact the process.
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As such, the credibility of the peacekeeping missions has been the center of many
accusations of human rights violations from regions such as the Republic of Congo,
Burundi, East Timor, and Syria with allegations ranging from sexual exploitation,
misconduct, and physical abuse of civilians. Because of the incomparable life led
by UN officials it has been argued that they are able to easily exploit the people
living in poverty creating a phenomenon known as survival prostitution where
intercourse is exchanged for amenities such as food and water.
- STATEMENT OF THE PROBLEM
The United Nations confronts an issue of criminal exemption. This is because of
jurisdictional crevices in which the host nation is not fit for attempting a claimed
guilty party and when the nation of nationality is not ready to state its locale over
criminal acts carried out in the host nation. The national state has no locale or
legitimate premise to research or abuse its residents for law violations submitted
abroad. The absence of practical lawful frameworks and political precariousness in
ranges where peacekeepers are sent makes it extremely troublesome for
examinations and indictments to be executed in host countries.
These gaps should be spanned with the goal that criminals don't go unpunished thus
that the United Nations does not acquire a notoriety for exemption, particularly in
light of the fact that the UN ought to be a promoter of equity and the standard of
law. Exemption may risk trust among host nations, Legal country states, and the
United Nations and the missions themselves.
There is also the issue of varying punishments for different crimes. Punishment for
prostitution and drug use vary widely among member states. Previously, the
Secretariat focused mainly on sexual exploitation and abuses but it now maintains
that other areas should be covered including theft, fraud, money laundering, and
torture. Much of the cases of criminal activity by United Nations personnel in host
nations have involved peacekeeping forces. UN peacekeeping forces were
established in order to monitor ceasefire and peace agreements between warring
states and/or groups. These individuals risk their lives to bring peace and stability
to war-torn regions. However, some incidences of sexual abuse of the local
population have given them a bad reputation and jeopardized the peacekeeping
role of their missions. In these situations, peacekeeping forces underestimate the
extent to which life in their host state has been traumatized. Their daily routines
provide them with a sense of normalcy, and they are unable to understand the
traumatized state of the situation. This potential lack of awareness needs to be
addressed in training programs before peacekeeping forces are deployed. Special
Adviser to the Secretary-General, Zeid Ra’ad Zeid Al-Hussein, believes that this is
why sexual exploitation and abuse result on peacekeeping missions. This
misconduct jeopardizes entire missions and breaches the trust that member states
have in the United Nations.
Due to the gaps in jurisdiction mentioned above, a standard system of justice does
not exist to punish UN personnel who commit crimes on missions. Trust is thus
further jeopardized and, just as importantly, justice is not served.
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- HISTORY AND DISCUSSION OF THE PROBLEM
At present, there are crevices in the worldwide legal framework in the matter of
attempting United Nations staff and volunteers. These people incorporate UN
military observers, peacekeeping forces, UN police, military liaison officers,
military advisors, arms monitors, and civilian staff and volunteers. Member states
frequently have no purview or legitimate premise to indict their subjects who
carried out law violations abroad. The United Nations Secretariat can't direct
examinations or arraign people. This must be finished by part states. Sexual misuse
and manhandle, robbery, and torment, which all fall under the umbrella of
common law, are all law violations that the Ad Hoc Committee on criminal
responsibility of United Nations authorities on missions would like to cover.
The most alarming allegations of criminal activity by peacekeeping forces were
made in 2004 against forces in the Democratic Republic of the Congo. Most
allegations were on sexual exploitation and abuse of the local population. These
forces violated their duty to care for the local population and tarnished the
reputation of peacekeepers around the world. Specific cases of these crimes are
included below in the discussion of specific peacekeeping missions.
Previous cases of sexual exploitation and abuse had been reported in peacekeeping
missions in Bosnia and Herzegovina, Kosovo, Timor Leste, Cambodia, and West
Africa. Some of the activities would be considered legal in some member states
such as prostitution but others that are illegal everywhere, such as rape and sex
with minors, were also reported. Sexual exploitation is defined by the Secretary
General as “any actual or attempted abuse of a position or vulnerability,
differential power, or trust, for sexual purposes, including but not limited to
profiting monetarily, socially, or politically for the sexual exploitation of another.”
Sexual abuse is defined as “actual or threatened physical intrusion of a sexual
nature, whether by force or under unequal or coercive conditions.” Unstable
conditions of war and political unrest that would occur where peacekeeping forces
are deployed invite both sexual abuse and exploitation. It is the goal of this
committee to address prevention and punishment of abuse and exploitation during
United Nations peacekeeping missions.
In response to the situation in the Democratic Republic of the Congo, the topic of
criminal accountability of United Nations officials and experts on missions was
included on the General Assembly agenda on 4 Dec 2006. It was officially allocated
to the 6th committee on 21 September 2007 due to the legal nature of the
problem. It has been recommended that the Sixth committee cooperate with the
Fourth Committee and the Special Committee on Peacekeeping organizations to
avoid duplications and topic overlaps, as all three bodies have at one point tried to
address the topic. The first Ad Hoc committee on the criminal accountability of
United Legal Nations officials and experts on missions convened from 9 to 13 April
2007. The committee found that the issue was of a larger scale than previously
assumed and made some new recommendations. The Secretariat now makes it its
goal to address other crimes in addition to the sexual exploitation that was
committed in the Democratic Republic of the Congo. Furthermore, the gap in
jurisprudence for all United Nations personnel should be addressed, not just
peacekeeping forces.
It is important for the committee to understand that sexual exploitation and abuse
are not the sole criminal offenses that pose problems. Between January and
December 2006, 439 allegations of misconduct, other than sexual exploitation and
abuse, were reported in UN peacekeeping missions. Please take in consideration
below the explanations of offences in each peacekeeping mission for specific
examples.
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CASE STUDIES AND EXAMPLES
Case 1: LIBERIA
In order to monitor the 1993 peace agreement in the Liberian civil war, a
peacekeeping mission was sent. The peacekeeping forces left many children
behind, from either sexual exploitation or prostitution. Not only did the situation
in Liberia reduce the trust afforded to UN peacekeepers, it has created a domestic
problem. Many Liberian mothers abandoned these children because they were too
poor to support them or because their husbands did not want the ethnically mixed
children in their homes. In the last 18 months, peacekeeping forces have returned
to Liberia. It has been predicted that this force, consisting of 15,000 blue helmets
will leave another 1,500 babies behind by the end of next year. This situation has
been caused by the poverty of the local population who are happy to accept
payment for prostitution.
Case 2: HAITI
A few sections of Haiti, especially the ghettos of its capital, Port au Prince, are
exceptionally hazardous for peacekeeping powers. At present, around 9000
peacekeeping powers are conveyed in Haiti. These strengths originate from 19
diverse United Nations part states to help convey security to the hazardous parts of
the nation, regularly taking a chance with their lives. There are some other
shocking substances in the circumstance, in any case. Some of these powers have
purportedly misused helpless local people, including youngsters as youthful as 11
years of age. These helpless kids make due on not as much as a dollar a day and
must choose the option to offer themselves. The United Nations peacekeeping
strengths are far from home and need stimulation. Subsequently, they have been
known not the weakness of the nearby populace and their insusceptibility from
neighborhood laws. These powers are exploiting populaces that they should ensure.
Much of the time, it is esteemed that there is inadequate confirmation against the
claimed abusers and they don't confront a trial in the wake of being sent home.
Moreover, the United Nations work force in Haiti, who are immune to local laws,
are once in a while rebuffed by their home countries for law violations they confer
on peacekeeping missions. The United Nations seldom catches up on discipline and
equity is regularly not served. This jurisdictional gap must be addressed.
Case 3: BOSNIA
Canadian United Nations peacekeepers that were guarding a mental healing center
were blamed for sex wrongdoings, tipsiness, patient misuse, and prurient behavior.
This occurrence is another sample of United Nations work force misusing their parts
as defenders and highlights the issue that the UN's missions face.
Case 4: DEMOCRATIC REPUBLIC OF CONGO
In 1999, the Congo reported that local juveniles between the ages of 8 and18 were
used as pimps for UN officials collecting girls from poor villages between 12-14
years old and were found to have been compensated a dollar for each girl brought.
In the Democratic Republic of the Congo, United Nations peacekeepers from
Morocco were charged with raping 13-year-olds in 2004. Between May and
September 2004, there were 68 allegations of sexual exploitation and abuse against
UN military personnel and four allegations against civilian personnel in the
Democratic Republic of Congo. Most allegations concerned sex with minors (45
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percent) and sex with adult prostitutes (31 percent). Rape comprised 13 percent
and sexual assault comprised 5 percent of allegations. In some cases, prostitution
was used to disguise rape: girls were given money after they were raped. The
citizens had no protection because the government had no functioning legal
system. The national governments of the UN personnel, including Morocco and
Nigeria, had no systems in place to punish their citizens for crimes committed on
UN missions abroad. In response to the allegations, Kofi Annan, UN secretary-
general at the time, advocated a zero-tolerance policy in regard to sexual
exploitation.
By 2008, new allegations arose and Human Rights observers found that a child
prostitution ring existed and involved some 100 UN troops from India that were
accused of paying for sex with Congolese girls, all of whom were found innocent by
the UN who brought charges against the Indian soldiers.
Case 5: RWANDA
The United Nations sent peacekeeping forces to Rwanda in 1994 when it was
plagued by genocide that killed half a million Rwandans of Tutsi ethnicity. United
Nations troops were accused of committing sexual abuse, illegal trafficking of
goods, and manslaughter under diplomatic immunity. The Rwandans used these
allegations as evidence for its desire to remove the United Nations forces from the
country. The situation in Rwanda demonstrates how a few cases of criminal action
by some United Nations personnel can jeopardize an entire United Nations
peacekeeping mission.
Case 6: SUDAN
United Nations peacekeeping forces and accompanying civilian staff have been
placed in Juba, a town in South Sudan, in order to maintain stability following
Sudan’s 23-year civil war. Some of these soldiers, who total 10,000, have been
accused of forcing young children to have sex. It has been reported that these
children were as young as 12 years old. Various human rights non-government
organizations (NGOs) have investigated the allegations in Sudan. United Nations
International Children Fund (UNICEF) filed a report on the matter, focusing on
sexual exploitation of children, in July 2005. The report contains claims by more
than 20 victims who live near the United Nations base in Juba. They claim that the
sexual abuse occurred in United Nations commissioned vehicles and that they were
paid $3 a day for their services. In many cases money was used to cover up the
rough abuse as prostitution. Eyewitnesses in the area claim that it is normal to see
United Nations vehicles pick up young girls, sometimes three at a time, late at
night. The impoverished children in the area have no choice but to offer them to
abuse in order to get money. In some cases, children have been offered money as
enticement and then left without payment. The issue is complicated, because the
Sudanese government is highly opposed to United Nations forces in the area. They
have gathered videos that show the sex abuse and the veracity of such claims has
been disputed. Furthermore, more than 90 percent of the local population is
illiterate and rumors spread quickly. There is a deep misunderstanding of the role
of United Nations forces in the region. Nonetheless, these sexual exploitations
should not be taken lightly. Some claim that the problem is much bigger than
reported and the new government in south Sudan is too scared to challenge the
United Nations. Another problem is that there are very limited medical services
and thus doctors have not been involved in creating reports to back up the claims.
Thus far, no cases have been tried in court.
Case 7: CAMBODIA
The United Nations respects its peacekeeping mission in Cambodia as its best yet.
While the mission may have been effective in putting down radical restriction, it
was asserted that UN staff submitted grave shameful acts to the Cambodian
individuals amid their time in the country. Asian, African, and Bulgarian regiments
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alike had notorieties for blending up brutality and bugging and misusing ladies and
kids sexually. Claimed wrongdoings included bar brawls, prostitution, and robbery.
These demonstrations of brutality exacted by United Nations faculty in the
Cambodian peacekeeping mission embody that the United Nations needs to address
the aversion, examination, and discipline of viciousness in its present and future
missions.
Case 8: SOMALIA
There have also been allegations against United Nations personnel in the Somalia
peacekeeping mission. Shocking pictures of violent acts by Belgian United Nations
peacekeepers have been released in the press. They depict soldiers holding a
Somali child over a fire, soldiers kicking and stabbing a Somali, a soldier urinating
on a dead body, and a Somali child being forced to drink salt water, vomit, and
worms. A Belgian United Nations soldier has testified that the use of metal boxes as
prison cells was a common practice while he was in Somalia. These atrocities
reveal the extent of violence that UN personnel on peacekeeping missions may
inflict. Such violence must be prevented and, if committed, duly punished.
Belgian military authorities have investigated the atrocities following the
publication of the photographs, but a system has not yet been established to
routinely punish and, more importantly, to prevent such misdemeanors.
Furthermore, such investigations have often let the Legal soldiers off easy. For
example, a military court acquitted the two Belgian soldiers who were
photographed holding the child over the flame.
The problem in Somalia isn’t unique to Belgian peacekeepers. When photos of
Canadian forces with a corpse of a 16-year-old Somali boy were released, the
soldiers were tried and convicted for beating him to death. The Canadian
government established a commission to look into its involvement in peacekeeping
missions, but the commission was plagued by inadequate evidence and released a
reportedly incomplete study on the problem.
Italian peacekeepers have also been accused of torturing Somali civilians and
sexually exploiting Somali women. Pictures were released to the press of Italian
forces sexually abusing a Somali woman and electrically torturing a Somali boy.
Manslaughter, drug abuse, and prostitution are some of the allegations against
Italian United Nations peacekeepers in Somalia. The Italian government responded
by assembling a commission of inquiry that searched for primary evidence and
witnesses in Somalia. 145 people were interviewed and it was found that the
source of the violence is a fundamental problem in the hierarchal way the United
Nations peacekeeping forces are operated.
Commissions, such as those led by the Canadian and Italian authorities, and the
investigations led by Belgian authorities are merely short-term reactions to a much
more fundamental problem. The United Nations should propose a way for member
states to alter their judicial systems so that these problems can be prevented and
dealt with when they routinely occur.
Case 9: Knowlton v. Supreme Court of Canada 1973- Criminal Law (Alberta)
Appellant: (Accused) E.J.N Knowlton, Premier of the U.S.S.R against Her Majesty
the Queens (Respondent).
Criminal Law- obstructing a peace officer – security measures for visiting foreign
dignitary in violation of criminal code 118.
This case looks at the rights of visiting dignitaries to be subject to the same legal
standards as outlined in the domestic criminal codes where the crime occurred.
The case was presented as follows; Kosygin of the U.S.S.R., was to visit the City of
Edmonton as part of his official visit to Canada and, on the occasion, was to make
a short stop at the Chateau Lacombe Hotel. Police Sergeant Grandish, a
Member of the Edmonton City Police Force had been assigned to security duties in
the area surrounding the entrance to the hotel. For this purpose and with the
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assistance of 25 Police Officers, he cordoned off, as instructed by his superiors, an
area in front of the entrance of the hotel, which included part of the sidewalk on
the south side of Macdonald Drive. At one point, prior to the impending arrival of
Premier Kosygin, two constables posted on the south side of the sidewalk called
Sergeant Grandish. There he met the appellant who had indicated to the two
constables that he wanted to take pictures and stated that, to that end, he wished
to go down Bellamy Hill, proceeding along that part of the sidewalk which was in
the cordoned off area. Sergeant Grandish informed the appellant that he could not
enter that area and, because of the latter’s forceful insistence on his right to do
so, warned him that if he did, he would be arrested. Knowlton refused to take
heed of this warning. He began to proceed into the restricted area, pushing his way
through two constables. He was then arrested and charged under s. 118(a) Cr. C.
This incident took place at 11.45 a.m., which, according to prior official
arrangements, was about the time at which Premier Kosygin was expected to arrive
at the Chateau Lacombe.
On these facts, the trial judge concluded his reasons for judgment by saying:
... the police at the relevant time were not enforcing any provisions of the
Criminal Code, or any by-law or other law and that therefore they were not acting
in the execution of their duty and that therefore the accused could not have been
obstructing them and therefore not guilty of the offence of obstruction. Finding as
I do there was not any law being enforced the accused could not have been found
committing an offence so as to justify an arrest without a warrant and therefore
the charge is dismissed. However it was stated that;
According to the principles which, for the preservation of peace and prevention of
crime, underlie the provisions of s. 30, amongst others, of the Criminal Code,
these official authorities were not only entitled but in duty bound, as peace
officers, to prevent a renewal of a like criminal assault on the person of Premier
Kosygin during his official visit in Canada. In this respect, they had a specific and
binding obligation to take proper and reasonable steps. The restriction of the right
of free access of the public to public streets, at the strategic point mentioned
above, was one of the steps—not an unusual one—which police authorities
considered and adopted as necessary for the attainment of the purpose aforesaid.
In my opinion, such conduct of the police was clearly falling within the general
scope of the duties imposed upon them.
As such, this case brought into question whether local police or peace officers are
capable of arresting foreign dignitaries under the same legal principals as its own
citizens or whether they remain inviolable to the same standards of law.
Case 10: Diplomatic Immunity is case of Murder
Sri Lanka
In 1979, Former Burmese Ambassador purportedly killed his wife and smoldered her
body in the patio of his home, which was delegated Burmese soil in perspective of
observers and police. The foundation defense was that she engaged in extramarital
relations with a band pioneer and as a result he shot her and afterward conveyed
logs to manufacture a fire. Adjacent inhabitants educated police as he dumped her
body onto the fire, whereby the police were halted at the entryway in light of the
fact that he said that his habitation was viewed as Burmese region. Essentially, he
had summoned article 22 of the Vienna Convention on Diplomatic Relations under
which the premises of a conciliatory mission are intact.
Despite the seriousness of the crime, the Sri Lankan Government was unable to
proceed against the envoy who was eventually but not immediately recalled to his
country and as such he continued on as ambassador for another four years and
never faced criminal charge. Despite the seriousness of the crime, the Sri Lankan
[! ]13

Government was unable to proceed against the envoy who was eventually but not
immediately recalled to his country and as such he continued on as ambassador for
another four years and never faced criminal charges.
London
In 1984, Yvonne Fletcher, a police officer of London, was murdered as she reported
to suppress demonstrations against Muammar Gaddaffi by a bullet from inside the
building. In the process, eleven people were hit as the embassy was sieged.
Prosecutors had named junior diplomat, Abdulmagid Salah Ameri, as a suspect but
it required him to be stripped of any and all immunity related to his diplomatic
status if charges were to be brought. The Libyans in response led by Colonel
Gaddafi are blaming Britain‘s police and security forces for attacking their embassy
in a siege, which lasted for eleven days and ended diplomatic relations between
Libya and the UK.
PAST UN ACTIONS
The 1946 Convention of the Privileges and Immunities of the UN
This convention was adopted by the General Assembly on 13 February 1946. It gives
immunities and special status to United Nations officials. There are conditions
under which the immunity may be lifted, including when they go against the Staff
Regulations and Rules or the Secretary-General’s bulletins and UN administration
instructions.
General Assembly Resolution 57/306
This resolution was adopted on 13 April 2004. It was based on report A/57/465 on
sexual exploitation by peacekeeping forces in West Africa. It called on troop-
contributing member states and the Secretariat to ensure that criminals on their
forces are held accountable for their crimes. It comprised of a general call to
adopt measures that prevent sexual exploitation by peacekeeping forces.
Secretary-General’s bulletin on special measures for protection from sexual
exploitation and abuse ST/ SGB/2003/13:
This bulletin outlined the proper conduct of UN personnel on missions and
identified sexual exploitation and abuse as specific offenses. This was done to
ensure there was no room left for misinterpretation. It outlawed sex with minors
and sexual abuse and exploitation, particularly of women and young children in
vulnerable areas. It also outlawed the exchange of sex for money and goods and
called upon officers to report violations to local authorities for due punishment.
The bulletin is binding for all UN personnel. Under the bulletin, military personnel,
civilian staff, and civilian police are all governed by different rules and procedures.
However, it may make the situation less complicated if all were subject to the
same rules and procedures.
Report by the Ad Hoc Committee on Criminal Liability of United Nations Staff
and Experts on Mission
The formation of the Ad Hoc Committee is a major action by the United Nations. Its
report recommends a convention as a possible solution.
FAILED ATTEMPTS TO RESOLVE THE ISSUE
There have been incalculable endeavors to determine criminal responsibility
amongst the two gatherings. Some have referred to the absence of a worldwide
punitive code as an element that remaining parts a prevention of the conceivable
arrangements with contentions recommending that the UN can't have such
[! ]14

expansive administrative power and lawful force, which would empower the UN to
get included in the legal framework and part states jurisdictional privilege.
Another situation was proposed, which takes a gander at the arrangement of the
Conduct and Discipline Units at each of the particular central station. Yet this was
viewed as troublesome on account of the position of power the UN peacekeepers
have and the absence of trust with local people with unlawful acts staying
unreported out of trepidation and disgrace. Furthermore, this outcomes in a
legitimate issue of civil argument over "he said, she said". Additionally gender-
sensitive training for the UN peacekeeping personnel will also not resolve the
conduct that is continuing to be conducted.
BLOC POSITIONS
Member states, blocs of states, and the secretariat alike have made their
suggestions clear. An unmistakable and basic subject in these proposals is
cooperation. To build cooperation, a universal tradition has been proposed yet not
yet affirmed. Member states and the Secretariat want to first evaluate elective
arrangements and the common sense, possibility, and practicality of a tradition
before settling on a definite choice. These are key issues that the board of trustees
must consider in proposing a final solution.
At the same time, the block positions for this topic are not simple. Countries that
contribute many troops to the UN may be more likely to be cautious about signing
conventions or resolutions, particularly if they affect military personnel as well as
staff. Host countries may be more likely to push for more inclusive conventions
Legal or resolutions. The United States is notoriously cautious about signing
international conventions or multi-lateral treaties, while European countries are
less cautious about signing international conventions.
The topic is also of importance to non-governmental organizations such as Amnesty
International and Human Rights watch as well. These groups support a swift
solution to punish the human rights violators on peacekeeping missions.
Australia, Canada, and New Zealand
These nations (CANZ) believe that the UN system must exemplify the rule of law
principles it seeks to foster. CANZ recognizes that resolution (A/RES/62/63) is a
good first step, but more remains to be done, particularly regarding accountability
of those who commit crimes and cooperation among member states’ legal systems.
In the longer term, CANZ supports a convention that would require Member States
to exercise jurisdiction over their nationals who are participating in UN operations
overseas.
European Union in addition to former Yugoslav Republic of Macedonia, Albania,
Montenegro and Serbia, Norway, Ukraine, The Republic of Moldova, Armenia
and Georgia
The European Union supports a zero tolerance policy when it comes to punishing
crimes of sexual exploitation and sexual abuse. It maintains that serious crimes
cannot go unpunished. It is against any special status that would be afforded to UN
officials and experts on missions. It supports a policy where states would be
responsible for the jurisdiction of their nationals on peacekeeping missions. In the
short term, it supports an elaboration of current General Assembly resolutions and
the sharing of information between member states to ensure that witnesses are
made available. In the long term, it wants to consider a convention that would
increase cooperation.
India
[! ]15

India is committed to punishing its nationals who commit crimes on UN missions
and believes that other nations should. It believes that pre-deployment training,
specific to each mission, is an important preventative tactic so that personnel are
aware of the instability and cultural differences in their nation of deployment.
India’s penal code extends to crimes committed by Indians outside of India. It seeks
cooperation with foreign states and engages in mutual legal assistance. It has
signed several agreements on mutual assistance in these cases including the
procedure of criminal investigations. India’s Extradition Act of 1962 allows for the
extradition of fugitive criminals.
Israel
Israel supports a zero-tolerance policy with regard to criminal conduct of this kind
and a three-pronged strategy to address sexual exploitation and abuse. It believes
that cooperation should be the most important priority and would be expedited by
the timely notification of allegations of misconduct to the Office of Internal
Oversight Services (OIOS) and the relevant national authorities.
China
China believes that it is important to hold UN officials and experts who have
committed criminal acts accountable under criminal law in order to protect “the
image, prestige and credibility of the United Nations.” It believes that the UN’s
first priority should be international cooperation.
Contrary to Western nations, China believes that a host country should investigate
and prosecute UN personnel with the help of the UN. The country of nationality
should also play a role in helping determine how the crime fits under domestic law.
In the case of China specifically, its criminal code gives Chinese courts jurisdiction
of crime committed by a Chinese citizen outside the territories of the People’s
Republic of China if the act is listed as a crime under the Criminal Code. It also
states that China will only exercise jurisdiction under the scope of its treaty
obligations. China is willing to cooperate in extradition and judicial assistance with
all nations and is willing to cooperate with the United Nations as well in such
matters.
Non-Aligned Movement
The Non-Aligned Movement (NAM), which has 118 members who are not formally
attached to a power bloc and is led by Fidel Castro, supports a zero tolerance
policy. It is particularly concerned with the issue of Legal criminal accountability of
United Nations staff and officials on missions because the NAM contributes over 80
percent of UN peacekeeping personnel in the field. It supports resolution A/RES/
62/63 as a bridge for any jurisdictional gaps. It believes that it is currently too
early to discuss the practicality of establishing a convention that would demand
cooperation. Instead substantive matters should be the current focus of discussion.
It is ready to cooperate with the Sixth Committee’s resolutions, the Ad Hoc
Committee, and the Secretariat when it comes to this issue.
PROPOSED SOLUTIONS
The Ad Hoc Committee makes it clear in its report that the United Nations must
bolster a zero resilience arrangement in the matter of peacekeeping so as to
manage sexual misuse and misuse work force. Such law violations must fall under
the local purview of part states. The United Nations can't do examinations and/or
indict people. It should rather go about as an arbiter to guarantee that part states
have a procedure by which they complete examinations and try criminals.
There must be a system under which competing jurisdiction of member states can
be reconciled. If a Legal UN official carries out a crime in the host state, should
the crime fall under the jurisdiction of the host state or under the official’s
national jurisdiction? If it does fall under national jurisdiction, there must be a
network of extradition laws and a precedent set for international cooperation.
[! ]16

The UN should focus on preventative legal measures as well as punishment. This
may include a training program where all personnel are informed of the United
Nations’ stance on sexual exploitation. In order to do so, sexual exploitation must
first be defined as serious misconduct, and an expedited system to deal with
charges of sexual exploitation must be established. The Secretary General’s 2003
bulletin is a good starting point. This bulletin should become a universal standard
of conduct for all military personnel in the peacekeeping force. For example, the
bulletin could be included in the memorandums of understanding (MOU) between
the United Nations and member states that donate troops. Jordan’s UN ambassador
has proposed that peacekeeping forces that father children be forced to pay child
support with their salaries. He also promotes court martials in the countries where
sexual crimes occur.
The Ad Hoc committee has proposed a convention be established as a long-term
solution to the problem. The solution would set into place a standard to bridge
national legislatures. Other options include adopting a General Assembly resolution
that calls for states to take stronger action; adopting model legislation and
intensifying efforts to identify states that have not put forward enough legislation;
an awareness program consisting of pre-deployment training would inform all UN
personnel on missions that a zero tolerance policy exists and the punishment is
severe.
Caution should be exercised in managing existing instruments. To guarantee that
proposals and lawmaking body are not merely duplicated, the Sixth Committee
needs to comprehend measures taken by the Fourth Committee and right now by
part states. What's more, there have as of now been proposals advanced with
respect to sexual misuse and mishandle particularly by the Special Committee on
Peacekeeping Operations and by the General Assembly in determination 58/315
(2004).
The committee should also be aware of the varying nature of peacekeeping
missions. There is thus no “one- size fits all” solution. The committee should not
attempt to harmonize disparate national laws but instead create a matrix of crimes
common to most jurisdictions.
[! ]17

BIBLIOGRAPHY
Al-Hussein, Zeid Ra’ad Zeid. „Comprehensive Review of the Whole Question of
Peacekeeping Operations in All Their Aspects.“ A/59/710 United Nations, 2005.
Annan, Kofi. „Letter Dated 24 March 2005 from the Secretary-General to the
President of the General Assembly.“ United Nations, 2005.
Bloom, Rebecca and Lauren Vriens. “The Role of the UN General Assembly”.
Council on Foreign Relations http://www.cfr.org/publication/13490/
EU Presidency Statement – United Nations 6th Committee: Criminal Accountability.
New York: European Union @ United Nations, 15 October 2007
Kent, Vanessa L. “Examining the UN’s plans to eliminate and address cases of
sexual exploitation and abuse in peacekeeping operations.” African Security
Review. Vol 14 2005. Cape Town, South Africa: Institute for Security Studies.
Mr. Gil Limon, Legal Adviser Sixth Committee. Agenda Item # 73: Criminal
accountability of United Nations officials and experts on mission. New York,
Permanent Mission of Israel to the United Nations, 10 October 2008.
Report of the Ad Hoc Committee on Criminal Accountability of United Nations
Officials and Experts on Missions 1st session (9-13 April 2007). New York: UN, 2007.
2013 – Debate on Criminal Acts by UN official at the UN General Assembly 3460-
Sixty-Eighth GA: - http://www.un.org/News/Press/docs/2013/gal3460.doc.htm
Convention on the Safety of United Nations and Associated Personnel on
Peacekeeping Missions: http://www.un.org/law/cod/safety.htm
Criminal Accountability of UN officials – Agenda Item 78: - http://www.un.org/en/
ga/sixth/68/CrimAcc.shtml
Debate on Criminal Acts by UN official at the UN General Assembly 3460- Sixty-
Eighth GA: -http://www.un.org/News/Press/docs/2013/gal3460.doc.htm
Ensuring Accountability for UN state and peacekeeping Operations with respect to
criminal acts:
http://www.un.org/en/ga/search/view_doc.asp?symbol=A/60/980
Immunity of State officials from Foreign Criminal Jurisdiction – Memorandum by the
Secretariat
http://daccessddsny.un.org/doc/UNDOC/GEN/N08/290/75/PDF/N0829075.pdf?
OpenElement
Immunities of State Officials, International Crimes and Foreign Domestic Courts –
Dapo Akande and Sangeeta Shah in the European Journal of International Law –
February 2014
- http://ejil.oxfordjournals.org/content/21/4/815.full
International Law Commission -2008 by Roman Kolodkin:
[! ]18

- http://daccessddsny.un.org/doc/UNDOC/GEN/N08/357/15/PDF/N0835715.pdf?
OpenElement
Issues of the Draft Convention on the Criminal Accountability of the United Nations
Officials and Experts on Missions – Melanie O‘Brien
http://www.academia.edu/822499/
Issues_of_the_Draft_Convention_on_the_Criminal_Accountab
ility_of_United_Nations_Officials_and_Experts_on_Mission
Who Guards the Guards
http://www.issafrica.org/pubs/ASR/13No4/FduPlessis.pdf
Vienna Convention on Diplomatic Relations and Optional Protocols 1961
http://www.mfa.gov.tr/data/Kutuphane/MultilateralConventions/
ViennaConventiononDiplomatic Rela tions.pdf
[! ]19

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