VZCZCXYZ0000
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DE RUCNDT #1061 3172323
ZNR UUUUU ZZH
P 122323Z NOV 08
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC PRIORITY 5352

UNCLAS USUN NEW YORK 001061 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNGA
SUBJECT: UNGA/C-6: UNGA'S SIXTH (LEGAL) COMMITTEE DISCUSSES 
CRIMINAL ACCOUNTABILITY 
 
REF: 07 USUNNEWYORK 900 
 
¶1.  SUMMARY: The 63rd UNGA Sixth committee held its debate on 
agenda item 73, "Criminal Accountability of United Nations 
Officials and Experts on Mission," on October 10.  Many 
delegations supported the UN zero tolerance policy with 
respect to serious crimes committed by its officials and 
experts on mission, saying that impunity cannot be permitted. 
 Some countries asked whether the United Nations should 
create an international mechanism to cover gaps in 
jurisdiction.  Many speakers argued that military and 
peacekeeping personnel should be included in the scope of 
criminal accountability agreements under the definitions of 
officials and experts on mission.  Several members praised 
current efforts to train UN personnel on standards of conduct 
and urged Member States and the United Nations to increase 
such programs.  Paragraph 5 lists the countries that spoke. 
END SUMMARY. 
 
ELIMINATING GAPS IN JURISDICTION 
-------------------------------- 
 
¶2.  Many speakers supported the UN zero tolerance policy for 
criminal acts, saying these crimes violate trust and damage 
the reputation of the United Nations.  CANZ, India, and 
Indonesia encouraged Member States to establish jurisdiction 
over nationals who are participating in UN operations, as 
proposed in A/RES/62/63.  CANZ added that Member States must 
ensure that jurisdictional gaps do not lead to impunity. 
Although many countries participated in the process that 
contributed to the Secretariat's report on Criminal 
Accountability (A/63/260), delegates agreed that this 
information was not exhaustive.  Egypt and others called for 
gaps in the current system of criminal accountability to be 
identified.  The Democratic Republic of the Congo (DRC) noted 
that while many countries have listed their legal provisions 
for trying this type of case, in practice, impunity prevails 
and then the host country has no recourse. 
 
¶3.  Several delegates called for the creation of an 
international mechanism to enhance cooperation between States 
and between States and the United Nations regarding 
investigations and legal proceedings.  Many non-aligned 
movement (NAM) members pointed out that existing bilateral 
agreements are not a substitute for institutional cooperation 
within the United Nations.  Kenya, speaking for the African 
Group, affirmed that it is not aware of any situations where 
there was a lack of cooperation, so as to require a 
consideration of the issue.  The EU, several of its members, 
and the Caribbean Community spoke in support of the 
elaboration of a convention.  However, Russia and several NAM 
members said that since many think the time is wrong for a 
convention, Member States at a minimum need short-term 
measures to resolve any gaps in the current legal framework. 
 
DEFINING AND TRAINING EXPERTS 
----------------------------- 
 
¶4.  Egypt argued that Member States need to clearly define 
"experts on mission."  Delegates disagreed on whether to 
include military experts under the current definition. 
Several NAM countries said that military and police observers 
should have special consideration and that they should not be 
included under "experts on mission."  Most delegations 
affirmed programs and policies that train UN personnel in 
standards of conduct before they departed for their posts. 
Several called for sending governments and the United Nations 
(where appropriate) to increase such training programs. 
 
LIST OF SPEAKERS 
---------------- 
 
5  The following delegations gave interventions: Mexico (on 
behalf of the Rio Group), Australia (on behalf of CANZ), Cuba 
(on behalf of NAM), France (on behalf of EU), Kenya (on 
behalf of the African Group), Trinidad and Tobago (on behalf 
of CARICOM), Liechtenstein, Switzerland, Sudan, Nigeria, 
Uruguay, Algeria, Democratic Republic of the Congo, Tunisia, 
Guatemala, Indonesia, China, Israel, Egypt, Iran, India, 
Malaysia, Russia, Norway, Venezuela, Canada, and the United 
States. 
Khalilzad