EU Statement – UN General Assembly 6th Committee: Criminal accountability of UN officials and experts on mission
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Mr. /Madam Chair,
I have the honour to speak on behalf of the European Union and its Member States.
The Candidate Countries North Macedonia, Montenegro*, Serbia*, Albania*, Ukraine, the Republic of Moldova, Bosnia and Herzegovina* and Georgia, and the EFTA country Liechtenstein member of the European Economic Area, as well as Armenia, Andorra, Monaco, San Marino align themselves with this statement.
The EU and its MS would like to thank the Secretary General for his latest reports on the criminal accountability of United Nations officials and experts on mission (A/81/284 and A/81/270) pursuant to resolution 80/160. We stand fully behind his unwavering commitment and demand to all UN personnel to uphold the highest standards of integrity. It goes without saying that this also applies to UN personnel deployed in field missions who represent the UN in many different parts of the world.
Mr. /Madam Chair,
A successful zero-tolerance policy on misconduct and crimes starts with robust prevention measures, as well as effective response mechanisms, including adequate and timely investigation of all credible allegations. When these allegations are substantiated, effective criminal prosecution and just and proportionate sanctioning are needed to make sure there will be no impunity. Establishing in parallel an environment that protects people and supports victims and survivors, witnesses and whistle-blowers, is also necessary. These elements are essential in order to deliver on the promise of accountability and access to justice for victims as well as to safeguard the reputation, credibility and integrity of the United Nations and its missions.
Prevention is best-served by the careful vetting of personnel at the pre-deployment phase as well as awareness-raising and training both before and during deployment. Prevention is a continuous exercise.
In this regard, we support the UN’s practice of checking external applicants for staff positions, as well as continuing doing so for staff members. The use of the ClearCheck database prior to offers of appointment for staff positions is a potent tool in prevention efforts. We urge entities within the UN system to populate this tool regularly and in a consistent manner, and to institutionalise its use for all personnel categories. The continuous update and possible expansion of the scope of this database and other tools while fully respecting the rights of UN personnel, must continue to be a priority for the UN. We welcome, in this regard, the information provided in this year’s report A/81/284, indicating that the database was applied and, in some instances, reinforced in certain entities within the UN system during the reported period.
We acknowledge the training courses and awareness-raising activities in place by the UN, focusing in particular on sexual exploitation and abuse and other forms of prohibited conduct. As stated in earlier statements, we also express our appreciation for reinforced training packages, reiterate that such courses must be mandatory at the pre-deployment phase to ensure effectiveness and that specific modules adapted to the responsibilities of managers and police and military commanders should be available. Courses should be comprehensive, adapted to the laws and regulations of the host State, and instilling UN personnel with sensitivity to local traditions, culture and religion. The EU and its Member States encourage the Secretary-General to continue and further strengthen prevention efforts with the above in mind.
A comprehensive strategy to address misconduct and crimes by UN personnel on mission also requires the thorough investigation of allegations and the prosecution of those responsible. Impunity of perpetrators can never be an option. We recall that investigation and prosecution of misconduct must be exercised in accordance with international human rights law, including the right to a fair trial and due process. States must establish jurisdiction over crimes committed by their nationals when deployed in a UN mission abroad. We share the understanding that the privileges and immunities accorded to UN officials and experts on mission under international law need to be respected. However, waivers of immunity should be sought and should also be granted in instances where the continuation of such immunity would result in impunity. This aligns with the very rationale of these privileges and immunities, which are granted in the interest of the United Nations rather than for the personal benefit of the individuals concerned. We strongly encourage all States to do so as well as to strengthen the exchange of information with the UN and between the host State and other States. These are necessary for the effective investigation and prosecution of alleged crimes.
The EU and its Member States note, in that regard, with concern the figures set out in this year’s report A/81/207 concerning referrals in relation to officials or experts on mission from 1 July 2025 to 30 June 2026. It appears from the information provided therein that the number of cases referred by the Office of Legal Affairs to States of nationality for investigation and possible prosecution has increased significantly during that period as compared to the periods covered by earlier reports. The number of cases concerning allegations of sexual exploitation and abuse is upsetting. But so is also the number of cases of alleged corruption and fraud; misappropriated funds of the UN must be recovered effectively.
In light of this development, the European Union and its Member States call upon the Secretariat to investigate the root-causes of this development, to elaborate on what measures it intends to adopt to address this issue, including to safeguard the financial interests of the Organization and ensure the recovery of misappropriated funds. All United Nations entities and Member States must take the necessary measures to ensure that the heroic work of tens of thousands of UN officials and experts on mission is not affected by the wrongdoing of a few. The image, credibility, impartiality and integrity of the United Nations is at stake.
On the positive side, this year’s report A/81/207 shows a significant increase, as compared to past years, of cases in which Member States have cooperated with the Secretariat in providing information about the action taken in relation to referrals made. The EU and its Member States call upon all States whose nationals are the subject of allegations to provide such information to the Secretariat in all cases referred.
Lastly, the EU and its Member States will continue stressing the paramount importance of protecting and supporting victims and survivors, witnesses and whistle-blowers, including against retaliation. Victims should be encouraged to come forward and speak up, and should be provided with the support they need. During (and after) an investigation process, seeking informed consent and applying a victim-centered approach is of paramount importance. This is critical to prevent re-victimisation and begin to re-establish a feeling of trust and justice among individuals and local communities.
Mr. /Madam Chair,
From our side, as detailed in our statements in previous sessions, the EU has a zero-tolerance policy toward misconduct and crimes committed by civilian or military personnel in its Common Security and Defence Policy (CSDP) missions and operations. There can be no impunity for such actions. More specifically, we provide training and have instituted measures for in-depth investigation of allegations of such conduct. In case allegations are substantiated, disciplinary measures against perpetrators are taken, while our rules provide for access to justice ensuring full accountability, and for the protection of victims and whistle-blowers.
In closing, Mr./Madam Chair, the EU and its Member States reiterate their continued readiness to consider a proposal for a comprehensive international legal framework, which would clarify the circumstances under which States can exercise jurisdiction for misconduct and crimes committed by UN officials and experts on mission, as well as the categories of individuals and crimes subject to that jurisdiction. Nobody is above the law. We must collectively work towards ending impunity and ensuring accountability.
I thank you.
- North Macedonia, Montenegro, Serbia, Albania and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.