VZCZCXYZ0000
RR RUEHWEB

DE RUCNDT #0344 1022340
ZNR UUUUU ZZH
R 112340Z APR 08
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC 4111

UNCLAS USUN NEW YORK 000344 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PARM PREF PREL
SUBJECT: UNGA/C-6 AD HOC COMMITTEE ON CRIMINAL 
ACCOUNTABILITY OF UN OFFICIALS ON MISSION MET (APRIL 
7-9,11, 2008) 
 
 
 ¶1.  (U) Begin Summary:  The second session of the Ad Hoc 
Committee of the General Assembly on criminal accountability 
of UN officials and experts on mission was held April 7-9,11, 
2008, in accordance with paragraph 7 of General Assembly 
Resolution 62/63 of December 6, 2007.  The Ad Hoc Committee 
considered the subjects of investigations and cooperation 
between states contained in the August 2006 report of the 
group of legal experts on ensuring the accountability of UN 
staff and experts on mission with respect to criminal acts 
committed during peacekeeping operations (A/60/980).  Several 
states, in their introductory remarks, expressed support, in 
principle, for a convention requiring Member States to 
exercise jurisdiction over their nationals participating in 
UN operations.  Some delegations (including USUN) reiterated 
the view that it was premature to discuss the possibility of 
negotiating an international convention on the topic.  The 
committee adopted the Chair's report that included two 
annexes, one of which is an informal working group paper and 
the other which is a detailed summary of the meeting's 
discussion.  End Summary. 
 
¶2.  (U)  Greek Foreign Ministry Legal Adviser, Maria 
Telalian, chaired the meeting.  The agenda, adopted on the 
first day of the meeting, included a discussion of 
cooperation among States and between States and the UN in 
matters concerning criminal accountability of UN officials 
and experts on mission.  Within this discussion the subjects 
of investigations and evidence collection were addressed. 
Experts from the UN Office of Legal Affairs (OLA), and the 
Office of Internal Oversight Services (OIOS) attended one of 
the sessions and fielded questions on investigations and 
evidence collection.  The representative from OIOS said that 
his office is tasked with conducting administrative 
investigations into the  misconduct of UN personnel.  He also 
said that in regard to forensics, the methods his office uses 
would compare to any typical law enforcement agency. 
Although OIOS has no mandate to conduct criminal 
investigations, he said that he thought the evidence 
collected during a UN administrative investigation could be 
used as a first step for the host state, or country of 
nationality in their criminal investigations. 
 
¶3.  (U)  Telalian was careful not to mention the notion of a 
convention to fill the legal gap that enables some offenders 
to escape prosecution.  Nevertheless, she prepared a working 
group (WG) document that contains ideas similar to those 
contained in the draft convention included in the group of 
legal experts report. The committee spent considerable time 
debating the WG document and several delegations proposed 
amendments.  Due to time contraints, the Chair was not able 
to resolve all the issues and as a result the WG document is 
contained as an informal working paper annexed to the Chair's 
report.  Consideration of the paper will continue in the 
context of a working group to be established by the Sixth 
Committee at its sixty-third session. The report of the 
committee is also annexed to the Chairman's report and 
contains a detailed summary of views presented during the 
discussions 
 
¶4.  (U)  The Chairman's report, (A/AC.273/2008/L.1), 
recommends that; "At the 4th meeting, on 11 April 2008, the 
Ad Hoc Committee, bearing in mind paragraph 7 of resolution 
62/63, reiterated the recommendation that the Sixth 
Committee, during the sixty-third session of the General 
Assembly, establish a working group, with a view to 
continuing the consideration of the report of the Group of 
Legal Experts (A/60/980) established by the Secretary-General 
pursuant to resolution 59/300 focusing on its legal aspects, 
also taking into account the views expressed in the Ad Hoc 
Committee." 
Khalilzad