YouSaid · the spoken record

De Serpa Soares

lines on the record: 46
first: 2019-06-10
most recent: 2022-10-26
sittings or episodes: 3
sources: un-security-council

Every line below is reproduced as it was said and linked to the record it came from. Nothing here is summarised or generated. Directory · Search · Corrections

“I have no further comments to make on the various statements. With regard to the question from the representative of the Russian Federation, I would like to say that in my briefing earlier, I provided details on the text and the customary application of Article 100 of the Charter of the United Nations. I explained the text and described the implementation of resolution 2231 (2015) in practice. I have nothing to add to what I said earlier. With regard to the question just asked, it is a hypothetical question, and I am not in a position to answer hypothetical questions.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“As intended, the report is entirely for the information of the Security Council in its consideration of the status of the implementation of resolution 2231 (2015), in particular annex B, and its determination of whether any action is required. The Secretary-General has not received any request, pursuant to paragraph 6 (g) of the note or otherwise, that supplements or modifies the nature and scope of the work done by the Security Council Affairs Division in the preparation of the Secretary-General’s six-monthly reports to the Council. Absent further guidance by the Security Council, the Secretary-General will continue to prepare those reports in the manner that they have been prepared to date.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“2) Consistent with that, the Secretariat has reported on the implementation of the restrictive measures in annex B that are in force during the reporting period, including on information voluntarily brought to its attention by Member States in writing and through meetings at United Nations Headquarters or in capitals. Also reflected are the positions of interested Member States on such information that have been brought to the attention of the Secretary-General. As I just mentioned, the report includes findings and recommendations in line with paragraph 7 of the note. The Secretary-General is thus able to express his views on relevant developments during the reporting period and draw attention to matters of concern.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“The Secretary-General duly acted on those requests and the Security Council Affairs Division has prepared the reports, starting with his first report, issued on 12 July 2016 under the symbol S/2016/589. The most recent, the thirteenth report, was issued on 23 June this year under the symbol S/2022/490. The structure of those reports and the topics addressed are well- known to the Council. In that regard, I note that, in his statement to the Council introducing the first report, Under-Secretary-General for Political Affairs Jeffrey Feltman pointed out that the report “strictly focuses on the restrictive measures in annex B of resolution 2231 (2015)” and “our mandate is neither to report on all aspects of the resolution or annex A of the JCPOA, nor touch upon the work of the Joint Commission established in the agreement.” (S/PV.7739, p.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“1) Paragraphs 6 and 7 of the note request the Secretary- General to appoint the Security Council Affairs Division of what is now the Department of Political and Peacebuilding Affairs to serve as a point of contact and support the work of the Security Council and of its facilitator and, as envisaged by annex B to resolution 2231 (2015), to report to the Council every six months on the implementation of the resolution. Paragraph 7 of the note anticipates that the report will include findings and recommendations and that the Security Council will meet informally prior to the public release of the report to review the findings and recommendations it contains.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“Following the adoption by the Security Council of resolution 2231 (2015) on 20 July 2015, the President of the Security Council issued a note dated 16 January 2016 under the symbol S/2016/44 that “sets forth practical arrangements and procedures for the Security Council for carrying out tasks related to the implementation of resolution 2231 (2015), particularly with respect to the provisions specified in paragraphs 2 to 7 of annex B to that resolution.” (para.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“I will now turn to the work performed by the Secretary-General and the Secretariat with respect to resolution 2231 (2015). Without deviating in any way from the standards to which Article 100 requires the Secretariat and Member States to adhere, the Secretariat takes note of all information that is brought to its attention by Member States in order to ascertain and assess its relevance to the discharge of the mandates that are entrusted to it. It was in that spirit and in no other that Under-Secretary-General Rosemary DiCarlo noted in her remarks to the Council, during its informal consultations on 19 October, that the Secretariat was ready to assess information if so requested by Member States, as was also the case for the Spokesperson in his remarks on 20 October.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“All of that is to be expected, and I do not think that anyone here would wish to maintain that such activities are in any way inconsistent with paragraph 2 of Article 100 of the Charter of the United Nations. As a previous holder of the office once remarked, the Secretary-General knows very well that his effectiveness in most situations will depend to a large extent on the cooperation that he receives from Governments and, in turn, that the extent of that cooperation will frequently depend, at least to some degree, on how far what he does coincides with the positions of those Governments. But, as he also remarked, “the Secretary-General must also insist that his duty under the Charter requires him to draw a clear line between cooperation and pressure”.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“It is only natural, as a previous Secretary-General has remarked, that Member States should wish to exercise as much influence as they can over the activities of the Organization, including its Secretariat. Most days, permanent representatives contact the Secretary- General and other senior officials to inform them of the positions of their Governments and to seek to convince them of their rightness. I myself frequently receive visits from ambassadors who advance a particular view of the law and try to convince me that it is correct or who remonstrate me over a particular action on the part of the Secretariat and seek to convince me that it is unlawful and needs to stop. Throughout my mandate, I have had exchanges with all the Ambassadors of the permanent five members of the Security Council.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“Conversely, the Secretary-General and the Legal Counsel have taken the position that it would not be inconsistent with paragraph 2 of Article 100 for a State to submit to the Secretary-General information on the characters and records of candidates of its nationality, provided that it was understood that it was left to the Secretary-General to assess that information and reach an independent decision on their recruitment; to investigate staff members of its nationality and provide information on the outcome of the investigation to the Secretary-General; and to provide the Secretary- General with its views on how the Secretary-General should exercise political discretion that he may enjoy in implementing a mandate from one of the Organization’s political organs.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“They have thus have expressed the view that it would not, or might not, be consistent with paragraph 2 of the Article for a State to attempt to make the recruitment, transfer or dismissal of staff of its own nationality subject to its approval; to limit the recruitment of locally recruited staff to individuals recommended by a Government agency; to impose conditions on the engagement of locally recruited staff members; to limit the appointment of staff of its nationality to fixed-term appointments; to pressure the Secretary-General to replace a qualified and competent staff member because of a change of Government in their home State; to require the Secretary-General to adapt the contracts of locally recruited staff to conform to its national labour laws; to cancel the work permits of staff members in an apparent attempt to force the Secretary-General to dismiss them; to withhold staff members’ passports so that they could not return to their duty stations or to not issue passports to successful candidates so as to prevent them from taking up their posts; to require a staff member deployed to that State to leave the country; to demand the right to censor United Nations materials; to assume the power to dictate or control the activities of United Nations officials or United Nations operations; to inspect or control the award of United Nations contracts; and to refuse to recognize the Secretary-General as Secretary-General.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“On the other hand, the Secretary-General and the Legal Counsel — both my predecessors and I — have on a number of occasions taken the position that this or that action on the part of a Member State is or is not consistent with its obligations pursuant to Article 100 of the Charter.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“It sets out two corresponding obligations on the part of Member States: “to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities.” The General Assembly has not adopted any decisions specifically relating to this paragraph that would throw much light on its interpretation. The Assembly has referred to it in connection to appeals to all Member States to respect the privileges and immunities of officials of the United Nations and to allow the Secretary-General to exercise the Organization’s right of functional protection in respect to staff placed under arrest or detention. Beyond that, however, the Assembly has not given any specific guidance on the application of the paragraph.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“Since they were first adopted by the General Assembly in 1951, the Staff Regulations, like the Provisional Staff Regulations before them, have affirmed in their very first provision four key ideas: that members of the Secretariat are international civil servants; that their responsibilities are not national but exclusively international; that they must discharge their functions and regulate their conduct with the interests of the United Nations only in view; and that they shall not seek or accept instructions in regard to the performance of their duties from any Government or other source external to the Organization. Paragraph 2 of Article 100 is the counterpart to paragraph 1.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“And they must “refrain from any action which might reflect on their position as international officials responsible only to the Organization”. With a view to safeguarding the international character and independence of the Secretariat, the General Assembly has laid down detailed standards of conduct for staff members based directly on paragraph 1 of Article 100 of the Charter.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“Article 100 sets out obligations for the Secretary-General and the staff of the Secretariat in the conduct of their work and corresponding obligations on the part of Member States vis-à-vis the Secretariat. The Article has been frequently described as the foundation of the idea of the Secretariat as an international civil service. Article 100 therefore defines the status of the Secretary-General and the staff and sets out their attendant legal obligations. Specifically, according to paragraph 1 of Article 100, the Secretary-General and the staff are “international officials responsible only to the Organization”. They must not “seek or receive instructions from any Government or from any other authority external to the Organization”.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“I would like to thank you, Mr. President, for giving me the opportunity to address the Security Council. (spoke in English) I have been requested to brief the Council on Article 100 of the Charter of the United Nations. I will do so and also address the context in which this request has come about by clarifying the nature of the work performed by the Secretary-General and the Secretariat with respect to resolution 2231 (2015). Paragraph 1 of Article 7 of the Charter establishes the Secretariat as one of the six principal organs of the United Nations. Article 97 provides that “The Secretariat shall comprise a Secretary-General and such staff as the Organization may require”.”
2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source
“The Secretariat will continue to make every effort to ensure that the relevant peacekeeping operations comply with international humanitarian law, and it counts on the support of the Security Council and Member States in that regard.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“A number of measures have to be taken in order to ensure compliance with international humanitarian law, including providing guidance to a mission so that military operations are carried out in accordance with the rules of international humanitarian law concerning the conduct of hostilities; establishing procedures so that any persons captured by a mission are handled in accordance with international law and standards; concluding an agreement with the host country to ensure that persons transferred by a mission to the host country are treated in accordance with its obligations under international law; and providing guidance to a mission so that any act by its personnel that might be contrary to international humanitarian law is properly addressed.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“As far as the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo is concerned, the Security Council has specifically mandated it to carry out targeted offensive operations "in strict compliance with international law, including international humanitarian law".”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“In View of the fact that United Nations peacekeepers continue to be attacked, I appeal to the Council and Member States to further reflect upon ways to ensure that attacks against peacekeepers are properly investigated and, where appropriate, prosecuted. United Nations peacekeeping operations are not only protected by international humanitarian law but are also bound by it in certain circumstances. That this is the case is recognized in the Organization's status- of-forces agreements and in the Secretary-General's bulletin on the observance by United Nations forces of international humanitarian law.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“The Convention on the Safety of United Nations and Associated Personnel ofl994 provides furtherprotection to United Nations peacekeepers by prohibiting attacks against United Nations and associated personnel and by requiring States parties to submit relevant cases to the competent authorities for the purpose of prosecution. However, as many host countries are not yet parties to the Convention, in practice the application of the Convention in those countries has been made possible only by ad hoc arrangements, namely, by including a specific provision in the relevant status-of-forces and status-of-mission agreements.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“However, there is no doubt that they are protected by international humanitarian law in situations of armed conflict. That they are entitled to the humane treatment set out in article 3 common to the Geneva Conventions was specifically recognized most recently by the International Tribunal for the former Yugoslavia in the Prosecutor v. Radovan Karadzie case. The Rome Statute of the International Criminal Court further criminalizes intentional attacks against peacekeepers as a war crime, as long as they are entitled to the protection given to civilians under the international law of armed conflict.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“The breadth of actions taken by the Security Council shows that the Council has great potential and flexibility for ensuring respect for international humanitarian law. While the United Nations has a role in ensuring respect by others for international humanitarian law, it is at the same time an entity to which international humanitarian law applies. This is relevant to all United Nations personnel in armed conflict situations, but is particularly relevant to United Nations peacekeeping operations deployed to armed conflict situations, some of which have increasingly been targeted by armed groups. The Geneva Conventions and other instruments of international humanitarian law do not contain specific provisions concerning the protection of United Nations peacekeepers.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“Apart from the Council's frequent condemnation of violations of international humanitarian law and its call on the parties to the conflict to respect the obligations that it lays down, the Council has taken concrete measures, such as establishing international criminal tribunals to prosecute war crimes, as well as the crime of genocide and crimes against humanity; authorizing the establishment of commissions of inquiry to investigate alleged violations of international humanitarian law; mandating peacekeeping operations to protect civilians, particularly in the context of ongoing armed conflicts, including by the use of force; authorizing humanitarian agencies to carry out cross-border humanitarian assistance, pursuant to a binding decision of the Council; requesting the Secretary-General, his special representatives and envoys, peacekeeping operations and special political missions to monitor potential violations of international humanitarian law in ongoing conflicts; requesting the Secretary- General to report on certain thematic areas, such as the protection of civilians in armed conflict, children in armed conflict and the protection of medical and humanitarian personnel exclusively engaged in medical duties; and imposing sanctions on individuals and entities involved in violations of applicable international humanitarian law.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“Since then, the Security Council has made express references to the Geneva Conventions or to specific provisions from them in its resolutions, but in a large majority of instances the Council has invoked international humanitarian law generally or its customary rules rather than specific treaties or provisions from them. With respect to international humanitarian law generally, the Council has played a crucial role in ensuring respect for that law.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“As far as the Security Council is concerned, it has on several occasions recalled "its primary responsibility under the Charter of the United Nations for the maintenance of international peace and security, and in this context, the need to promote respect for the rules and principles of international humanitarian law", such as in the second preambular paragraph of resolution 2474 (2019) of 11 June 2019. With respect to the Geneva Conventions specifically, it was only in 1967 that the Council invoked those Conventions for the first time in one of its resolutions, almost 20 years after their adoption.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“The role of the United Nations in situations of serious violations of international humanitarian law has also been specifically recognized in article 89 of Protocol 1 Additional to the Geneva Conventions, which requires that the high contracting parties act, jointly or individually, in cooperation with the United Nations in situations of serious violations of the Geneva Conventions and of the Protocol. In practice, all competent principal organs of the United Nations have dealt with issues related to international humanitarian law in one way or another.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“The Charter, in its Preamble, contains a solemn declaration of a determination "to save succeeding generations from the scourge of war [and] to reaffirm faith in fundamental human rights, in the dignity and worth of the human person", and in its Article 1 further provides that one of the purposes of the United Nations is "to achieve international co-operation in solving international problems of [a] humanitarian character, and in promoting and encouraging respect for human rights". In this regard, it is not surprising that international humanitarian law has become one of the most important areas of international law that guide the work of the Organization today, including the Security Council.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“The relevance of the Geneva Conventions to the work of the United Nations might not have been so obvious in the early years of the Organization, as the Charter does not specifically refer to international humanitarian law. However, the United Nations was established in the aftermath of the Second World War, which saw violations of international humanitarian law on a massive scale.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“There is no doubt that common article 3 has become one of the most important provisions of the Geneva Conventions, not only because of its nature, which I have just mentioned, but also because it is perhaps the most frequently applied provision in contemporary armed conflicts, which are mostly non-international in character. Common article 3 was subsequently developed and supplemented by Protocol II Additional to the Geneva Conventions and a number of customary rules have been recognized as being applicable to non-international armed conflicts, but common article 3 still occupies a special place in international humanitarian law.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“This provision contains basic rules on the humane treatment of persons taking no active part in hostilities, including members of the armed forces who have laid down their arms or who have been placed hors de combat by sickness, wounds or detention, as well as civilians. The inclusion of common article 3 in the Geneva Conventions was a historic moment for humankind. It was the first instance in which non-international armed conflicts were regulated by a multilateral treaty. The significance is augmented by the fact that the Geneva Conventions are now universally adhered to.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“These three Conventions are the First Convention, which deals with the wounded and sick in armed forces in the field; the Second Convention, which covers the wounded, sick and shipwrecked members of armed forces at sea; and the Third Convention, which deals with prisoners of war. The Fourth Convention was, however, the first treaty that was specifically dedicated to the protection of civilian persons in time of war. Most of the provisions in these four Conventions are applicable to international armed conflicts - in other words, armed conflicts between States. However, there is a provision in each of the four Conventions that applies to non-international armed conflicts, which is article 3 common to the Geneva Conventions.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“Mr. De Serpa Soares: I would like to thank the Security Council for inviting me to this meeting. I also convey a special greeting to my colleagues and friends from the International Committee of the Red Cross. Just over 70 years ago, on 11 August 1949, a Diplomatic Conference convened in Geneva adopted the four Geneva Conventions, and on the following day its Final Act was signed by the participating States. The four Conventions entered into force around a year later, on 21 October 1950, and have been at the core of international humanitarian law ever since. The four Geneva Conventions were by no means completely novel at the time. The first three Conventions found their origins in previous treaties and were revised versions of them.”
2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source
“The fullest measure of cooperation by the Kosovo authorities will continue to be required to facilitate the United Nations investigation so as to allow the Secretary-General to determine the next steps under the legal framework that I have outlined. I would like to thank the Council and its members for the opportunity to provide this briefing.”
2019-06-10 · UN Security Council · Security Council, S/PV.8541 (2019) · source
“As Special Representative of the Secretary- General Tanin noted in a very clear statement to the Kosovo authorities, and as the Deputy Spokesperson also noted at his noon briefing of 3 June, the doctrine of persona non grata is not applicable to United Nations personnel and is not contemplated under UNMIK Regulation No. 2000/47. Any concerns regarding a member of UNMIK personnel should be addressed to Special Representative of the Secretary-General Tanin so that UNMIK can address the matter in line with its status, privileges and immunities. In that regard, I Wish to emphasize that allegations of misconduct by United Nations personnel throughout the Organization are taken very seriously by the Organization and prompt action is taken where it is warranted.”
2019-06-10 · UN Security Council · Security Council, S/PV.8541 (2019) · source
“As we understand it, the decision to release the co-accused is still subject to an appeal by the Prosecution. The appeal is scheduled to be heard during the week of 10 June. The results of a thorough internal United Nations investigation will help to establish a better understanding of the relevant facts, which will aid the Organization in considering the next steps, including under UNMIK Regulation No. 2000/47 on the Status, Privileges and Immunities of KFOR and UNMIK and their Personnel in Kosovo. Before I conclude, I would recall that Special Representative of the Secretary-General Tanin has noted UNMIK's receipt of a formal notification on 31 May, declaring Mr. Krasnoshchekov persona non grata in Kosovo.”
2019-06-10 · UN Security Council · Security Council, S/PV.8541 (2019) · source
“What we know is that he was arraigned on charges of "obstructing official persons in performing official duties" and that he appeared with five co-accused before the Basic Court of Mitrovica, Zubin Potok branch, on 29 May. The hearing was to consider a request from the Prosecutor for his continued detention, as well as for the detention of the five other persons arraigned with him. UNMIK has obtained and forwarded to United Nations Headquarters a summary translation of those proceedings. On the basis of that document, we understand that Mr. Dimovic's release, and that of his five co-arraigned, on 29 May was decided on the basis of a lack of sufficient evidence to confirm a reasonable suspicion of the alleged criminal offence. Mr. Dimovic was represented by private counsel in the hearing and accompanied by an UNMIK staff member.”
2019-06-10 · UN Security Council · Security Council, S/PV.8541 (2019) · source
“Dimovic and to look into the allegations by the Kosovo authorities regarding their conduct. It is our understanding that both staff members still face the possibility of criminal legal process in Kosovo. Regarding Mr. Krasnoshchekov, UNMIK is in receipt of a request from the Chief Prosecutor in the municipality of Mitrovica for a waiver of immunity which, although the name is not correctly stated in the document, we believe concerns him. The request is made in respect of charges of co-perpetration in "obstructing official persons in performing official duties" and in "participating in a crowd committing a criminal offence and hooliganism". That request is being looked at by my Office. As for Mr. Dimovic, UNMIK has not received a request for a waiver of his immunity.”
2019-06-10 · UN Security Council · Security Council, S/PV.8541 (2019) · source
“Dimovic were on official assignment to monitor the police operations in northern Kosovo at the time of their arrest. As Mr. Tanin noted - and I must say that we share his alarm, it is of serious concern that both staff members were apparently beaten and mistreated upon their arrest. Both required medical attention upon their release. Mr. Krasnoshchekov was transferred to a hospital in Belgrade on 30 May, where he remains admitted. Mr. Dimovic, for his part, was hospitalized in Kosovo on 30 May and released from hospital on 3 June. As is required in all such incidents, the United Nations Department of Safety and Security undertook an internal investigation to gather all available information regarding the circumstances surrounding the arrest and detention of Mr. Krasnoshchekov and Mr.”
2019-06-10 · UN Security Council · Security Council, S/PV.8541 (2019) · source
“As Special Representative of the Secretary- General Tanin has noted, two UNMIK staff members were arrested and detained on 28 May during a police operation in northern Kosovo. They were later released from detention. The internationally recruited staff member Mr. Mikhail Krasnoshchekov, who is the team leader of the UNMIK office in Zubin Potok and a Russian national, was released on 28 May. Mr. Dejan Dimovic, a Kosovo Serb and a Programme Assistant in the UNMIK office in Zubin Potok, was released on 29 May. The arrest and detention of Mr. Krasnoshchekov and Mr. Dimovic were not consistent with their privileges and immunities as UNMIK personnel, as set forth in UNMIK Regulation No. 2000/47. It is our understanding from the facts, as we know them so far, that both Mr. Krasnoshchekov and Mr.”
2019-06-10 · UN Security Council · Security Council, S/PV.8541 (2019) · source
“Following the adoption of the declaration of independence by the Assembly of Kosovo on 17 February 2008, the Secretary-General reported to the Security Council on that development and stated that "pending guidance from the Council, the United Nations would continue to operate on the understanding that resolution 1244 (1999) remained in force and that UNMIK would continue to implement its mandate in the light of the evolving circumstances" (S/2008/354, para. 4). Since that development, the Secretary-General has maintained a position of status neutrality. That refers to the continued operation of UNMIK in the light of the prevailing circumstances and to the constructive engagement with the Kosovo authorities in a manner that does not imply recognition of any statehood. That approach continues to be followed.”
2019-06-10 · UN Security Council · Security Council, S/PV.8541 (2019) · source
“Tanin - of the facts and circumstances of the acts of the personnel concerned and do so with a degree of specificity sufficient for a determination to be made on the applicability of immunity to those acts. Mr. Tanin would then inform the authorities whether immunity applied and, if it did not, the legal action against the UNMIK personnel could go ahead. Resolution 1244 (1999), pursuant to which UNMIK was established, remains in force and the legal framework established by UNMIK pursuant to the powers assigned to it under resolution 1244 (1999) continues to apply, albeit under very different circumstances today. That includes UNMIK Regulation No. 2000/47 on the Status, Privileges and Immunities of KFOR and UNMIK and their Personnel in Kosovo.”
2019-06-10 · UN Security Council · Security Council, S/PV.8541 (2019) · source
“Allow me to highlight that the immunity from legal process enjoyed by UNMIK personnel in Kosovo is held in the interests of UNMIK and not for the benefit of the individuals themselves. Importantly, it is the Secretary-General who has the right, and the duty, to waive the immunity of UNMIK personnel in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of UNMIK. That is all clearly stated in section 6.1 of UNMIK Regulation No. 2000/47. As will readily be appreciated, in order for the immunity and the procedure that I have just outlined to be effective, the local authorities, before they take any legal action against UNMIK personnel, should first inform the Secretary-General - in this case, his Special Representative, Mr.”
2019-06-10 · UN Security Council · Security Council, S/PV.8541 (2019) · source
“Pursuant to section 3.3 of UNMIK Regulation 2000/47, UNMIK personnel, including locally recruited personnel, shall be immune from legal process in respect of words spoken and all acts performed by them in their official capacity in Kosovo. That is what is often termed functional immunity. Pursuant to section 5 of the same UNMIK regulation, that specific immunity continues after the expiration of the Mission's mandate or after the personnel are no longer employed by UNMIK. Section 3.4 of UNMIK Regulation No. 2000/47 further provides that UNMIK personnel shall be immune from any form of arrest or detention, and that, if they are erroneously detained, they shall be immediately turned over to UNMIK authorities.”
2019-06-10 · UN Security Council · Security Council, S/PV.8541 (2019) · source
“Mr. De Serpa Soares: I would like to begin my briefing by providing a short outline of the legal regime of immunity for United Nations staff members in Kosovo, since that is an important element for the appreciation of the overall response to the events of 28 May and their follow-up. The regime of immunity applicable to the United Nations Interim Administration Mission in Kosovo (UNMIK) and its personnel in Kosovo is spelled out in UNMIK Regulation No. 2000/47 of 18 August 2000, on the status, privileges and immunities of the Kosovo Force (KFOR) and UNMIK and their personnel in Kosovo. The pertinent provisions are sections 3.3 and 3.4, as read with section 5.”
2019-06-10 · UN Security Council · Security Council, S/PV.8541 (2019) · source