By Danielle Pletka & Brett D. Schaefer
Wednesday, June 11, 2025
As the “international community,” journalists, and
activists pervert words like “genocide” and “famine” to accuse Israel of war
crimes, the United Nations is quietly using its
own legal privileges to protect terrorists, rapists, and human-rights abusers
in its employ.
Diplomatic immunity — the principle that foreign
diplomats are exempt from the legal jurisdiction of the country hosting them —
is designed to facilitate international relations by minimizing their fear of
arrest or harassment. The United Nations has its own version of this immunity
for similar reasons. But the U.N. is using its privileges to derail efforts to prosecute Hamas members, protect criminals, and
shield rapists from justice.
The U.N. Charter requires member states to grant the U.N.
and related organizations privileges and immunities necessary to fulfill their
purposes and, by extension, similar protections for U.N. officials and staff so
they can carry out their duties. These rights are specified in the Convention on the Privileges and Immunities of the United
Nations.
U.S. courts have historically ruled that the treaty
provides immunity unless it is expressly waived. U.N. senior officials,
including the secretary-general and assistant secretaries general, enjoy full
diplomatic privileges and immunities. More junior U.N. employees, including
peacekeepers, have privileges and immunities only in their official capacity.
This is known as “functional immunity.”
Several rulings in recent years have clarified that
crimes like money laundering, forced labor, and rape cannot be considered
official duties. That seems like a welcome — if belated — dose of common sense.
But this is the United Nations.
Israel provided extensive evidence that some U.N. staff
were directly involved in the October 7 Hamas terrorist attack. The U.N.’s
quasi-inspector general, the Office of Internal Oversight Services,
investigated and found evidence that at least
nine UNRWA employees “may” have been involved. The
evidence, however, is decisive.
Those individuals no longer work for UNRWA, but they have
not been held to account. The U.N. secretary-general has refused to waive the immunities and
privileges they enjoy and asserted these protections to dismiss a lawsuit filed
by October 7 victims in the U.S. District Court for the Southern District of
New York.
The Biden administration supported the U.N. argument that UNRWA
employees also serving Hamas should enjoy immunity. But legally, those
immunities should only apply within the scope of legitimate duties. Killing
civilians, kidnapping, and rapes committed on October 7 cannot be considered legitimate.
Likewise, sexual exploitation and abuse cannot be
considered official acts. The U.N. reported that it received 675
allegations of sexual exploitation and abuse of adults and children in 2024,
part of an annual report requested by the U.N. General Assembly since 2004.
About half involved U.N. officials, peacekeepers, and personnel. The remainder
involved personnel from U.N. implementing partners not under the authority of
the U.N.
A U.N.-authored supplementary report details how many
cases were investigated, closed, or substantiated. But were privileges and
immunities waived or anyone referred for criminal prosecution? Not according to
that report.
The U.N. likes to claim that it has “zero tolerance” for such crimes. But it is whistleblowers who are more often
punished. Former U.N. Human Rights officer Emma Reilly was targeted after
revealing that the U.N. passed information to Beijing on Chinese dissidents. James Wasserstrom, the U.N.’s top anti-corruption officer
in Kosovo, was targeted after reporting procurement corruption. Miranda Brown, a senior official in the Office of the High
Commissioner for Human Rights, was suspended when she reported child sexual
abuse by peacekeepers in the Central African Republic.
The problem is that the U.N. is expected to police
itself. Throughout the U.N. system, there are ethics and investigations offices
where complaints can be filed and allegations considered. But invariably, the
ethics officers and inspectors are appointed by the very people they are
supposed to hold accountable.
Too often, this means there is no accountability. Victims
and investigators face pressure to bury accusations. Karim Khan, the ICC’s own chief
prosecutor, reportedly tried to intimidate his
accuser and investigators pursuing a rape charge against him. He later
attempted to deflect attention by charging Israeli leaders with war crimes,
according to a Wall Street Journal investigation.
Similar abuses plague U.N. peacekeeping operations.
Tanzanian peacekeepers credibly accused of sexual exploitation and abuse were repatriated,
but never investigated or punished. In 2017, an Associated Press investigation found that more than 100 Sri Lankan peacekeepers ran a child
sex ring in Haiti. They, too, were never prosecuted. The problem is so
widespread that “sexual abuse by U.N. peacekeepers” has its own Wikipedia page.
White-collar crimes are also rife. Pierre Krahenbuhl, former commissioner-general of UNRWA,
was forced out over ethics violations but was rewarded by being hired as the
director-general of the International Committee of the Red Cross. Senior
officials in the U.N. Office for Project Services were
fired for fraud, but only after media reports surfaced and internal red flags were ignored.
The lack of accountability at the United Nations for
everything from terrorism to rape and theft is systemic. Without pressure from
the United States and other member states, this will continue. Years of
shielding wrongdoers behind “privileges and immunities” underscores the need to
separate justice for U.N. crimes from those in charge of the U.N.
U.N. organizations should not be trusted to police
themselves. The U.N. needs an independent, system-wide external oversight body,
led by a director-general elected by the member states, to receive complaints,
investigate misconduct, and oversee all internal justice procedures. The
secretary-general and other international leaders must clearly state which
crimes and what burden of evidence will lead to waiving privileges and
immunities. Staff of this new body should be barred from applying for other U.N.
jobs for a set cooling-off period.
As it stands, the U.N. is a law unto itself, largely
uninterested in rapes,
No comments:
Post a Comment