UN Military Manual (1st ed. Sept. 2024)

The following is an excerpt from the September 2024 first edition of the United Nations Military Manual (pp. 66-68) (footnotes omitted):

8.2. Conduct and discipline 

8.2.1. Introduction 

The United Nations expects all peacekeepers to conduct themselves in a manner that befits mandates given to serve and protect. The need to maintain the highest standards of integrity for all United Nations personnel is enshrined in the Charter of the United Nations. United Nations peacekeepers must always conduct themselves in a professional and disciplined manner; respect local laws, customs and practices; treat host country inhabitants with respect, courtesy and consideration; and act with impartiality, integrity and tact. The United Nations has a zero-tolerance policy with respect to any form of misconduct by its personnel, in particular sexual exploitation and abuse. The United Nations standards of conduct can be accessed on the United Nations website. The MOU also details what constitute misconduct and serious misconduct for military contingent personnel and indicates procedures and responsibilities for the prevention of and response to allegations of misconduct and serious misconduct. The United Nations standards of conduct explicitly forbids sexual relations in exchange for money, employment, goods or services. Any and all sexual activities with persons under 18 years of age are strictly prohibited. In addition, the United Nations standards of conduct are breached if personnel pursue or engage in sexual relations in situations where individuals are suffering distress caused by displacement or insecurity due to internal strife or conflict, as this amounts to sexual exploitation and abuse. In the Secretary-General’s bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13), sexual exploitation is defined as “any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another”; and sexual abuse is defined as “the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions”. All TCCs have undertaken to ensure that all members of their national contingents comply with the United Nations standards of conduct. Commanders are to take all reasonable measures to maintain discipline and good order among all members of the national contingent and ensure compliance with the standards of conduct, mission-specific rules and regulations and obligations towards national and local laws and regulations in accordance with the status-of-forces agreement. Bearing in mind that acts of sexual exploitation and abuse are serious violations that require an urgent response, efforts to strengthen the United Nations zero-tolerance policy against sexual exploitation and abuse must be executed through immediate reporting of these allegations. This helps to prevent and respond to allegations and to hold accountable those who prey and inflict irreparable damage on the people the United Nations has sworn to protect.

8.2.2. Obligations of troop-contributing countries 

All United Nations personnel are obliged to create and maintain an environment that prevents all forms of misconduct, including sexual exploitation and sexual abuse. Commanders at all levels have a particular responsibility to support and develop systems that maintain this environment. All United Nations personnel are also obliged to report possible acts of any form of misconduct via established reporting mechanisms. Failure by personnel or commanders to report possible acts of misconduct or serious misconduct, including sexual exploitation and abuse, itself amounts to misconduct. 

8.2.3. Considerations for commanders 

The contingent commander or national contingent commander is responsible for the discipline and good order of all members of the contingent. This responsibility includes ensuring that all members of the national military contingent abide by the United Nations standards of conduct, mission-specific rules and regulations, and the obligations towards national and local laws and regulations. The United Nations standards of conduct, as applicable to members of military contingents, is available online. The commander must immediately bring to the attention of the HOMC any information concerning alleged misconduct or serious misconduct, as well as any serious matter, and to regularly keep the FC/HOMC informed on further information and developments in these matters. The commander is expected to ensure that all members of the national contingent receive induction and other mandatory training, including the sexual exploitation and abuse e-learning programme. Guidance from the mission’s Conduct and Discipline Team will be important regarding conduct and disciplinary matters/training. Members of the military contingent are subject to the exclusive jurisdiction of their TCC in respect of any crimes or offences that might be committed by them while they are assigned to the military component of United Nations peacekeeping. TCCs have the primary responsibility for investigating any acts of misconduct or serious misconduct committed by a member of their national contingents. Such investigation must be conducted in accordance with the provisions of the MOU between the United Nations and the TCC. However, in a specific situation where the administrative investigation is conducted by the United Nations as provided for in the existing rules, the commander of the national contingent shall, subject to national laws, cooperate fully in United Nations administrative investigation. If a United Nations administrative investigation or the TCC investigation concludes that the commander has failed to cooperate with a United Nations investigation, to exercise effective command and control, to immediately report to appropriate authorities or take action in respect of reported allegation of misconduct, the Department of Management Strategy, Policy and Compliance will request that the concerned TCC bring the case to the attention of its authorities for due action. Such failures shall also be reflected in the commander’s performance appraisal by the HOMC. 

8.2.4. Actions on receipt of information about misconduct/serious misconduct 

Information concerning alleged misconduct or serious misconduct may be received by the mission, TCC or United Nations Headquarters. Any information received by the commander must be immediately brought to the attention of the HOMC through the chain of command. Upon receiving the information concerningalleged misconduct/serious misconduct, the HOMC must communicate the same to the HOM and the mission’s Conduct and Discipline Team. The mission informs the Secretariat, the Conduct and Discipline Service of the Department of Management Strategy, Policy and Compliance, the OMA and the Office of Internal Oversight Services (OIOS), as appropriate. The Conduct and Discipline Team, with the assistance of OIOS, determines if the allegation is to be qualified as misconduct or serious misconduct. The Conduct and Discipline Service notifies the respective TCC through its permanent mission. In a situation where the TCC is the first to receive information about the alleged misconduct or serious misconduct of any of its contingent member(s), the TCC must notify the Conduct and Discipline Service accordingly. Where investigations are conducted by the TCC, the role of United Nations investigation personnel will be to assist the National Investigations Officer(s) as necessary.