The military personnel involved in a UN PKO comprise of national military contingents,…
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5.3.Accountability Standards for UN peacekeepers
In the context of UN PKOs, the regulatory rules applying to the people deployed differ…
However, because different militaries have different rules, the UN has also issued…
There is also a revised draft Model of the Memorandum of Understanding between the…
TCCs have also HR obligations to protect the rights to access justice under the Model…
The MoU, amended in 2007, obliges TCCs to provide pre-deployed training that complies…
In addition to the MoU, the SOFA is another agreement in which the UN is involved…
A SOFA sets out the rights, responsibilities and procedures for the UN and its personnel…
The status and rules that apply to high-ranking UN officials are also explained in…
The Special Representative, the commander of the military component of the UN peacekeeping operation, the head of the UN civilian police, such high-ranking members of the Special Representative/ Commander’s staff as may be agreed upon with the Government shall have the status specified in sections 19 and 27 of the Convention, provided that the privileges and immunities therein referred to shall be those accorded to diplomatic envoys by (national or international) law.(72)…
When section 24 is scrutinised, it becomes apparent that the Special Representative,…
Senior UN officials such as the Secretary-General, Under-Secretary-General, Assistant…
In terms of criminal (legal) accountability, the UN General Assembly drafted a Convention…
(i) to facilitate the conditions for waiver of immunity, mindful to not disregard the rights of the alleged offender, (ii) to set out obligations to investigate, arrest, prosecute and extradite offenders, (iii) to ensure mutual legal assistance, (iv) to protect the rights of the victims.(82)…
This Draft Convention aims to regulate certain wrongful conducts as applicable crimes…
…murder, wilfully causing serious injury to body or health, rape and other acts of sexual violence, and sexual offences involving children [or] only crimes of intentional violence against the person and sexual offences punishable under the national law of that State party by imprisonment or other deprivation of liberty [...].(83)…
Article 3 of the Draft Convention states that experts on mission may commit a crime…
In particular, Article 4 of the Draft Convention is significant since it aims that…
The problem is that Article 2(2) of this Draft Convention excludes military personnel…
However, the effective prevention and accountability of criminal acts within a PKO…
In a peacekeeping operation, there are also other civilian personnel of the UN. They…
In general, UN civilian staff deployed on field missions represent the Organisation…
Nevertheless, UN volunteers are not classified as UN staff.(92)…
A UN consultant is also defined in the UN Secretariat instruction as ‘an individual…
Meanwhile, an individual contractor ‘is an individual engaged by the Organisation…
