UN Secretary-General António Guterres’ trip to Kazan for the BRICS summit drew sharp criticism from Ukraine and its allies. Spokespersons for the Secretary General explained the need for this visit by the “importance” of the event, affirming that the member countries of this organization represent half of the world’s population. Furthermore, they claim that Guterres explained to Putin his position regarding Russia’s war of aggression against Ukraine. To what extent was the UN chief’s trip to the aggressor country and his meeting with the war criminal legitimate? Ukrinform requested comments from Serhiy Kyslytsya, Ukraine’s permanent representative to the United Nations.

– Serhiy Olehovych, many statements and comments have been made – both here in New York and in Ukraine – on the moral, legal and political aspects of the UN Secretary General’s decision to visit Russia at the invitation of the war criminal. Putin will attend the BRICS summit. Does the United Nations have rules in place on this subject?

– Yes. This is not the first time this question has been raised.

More than 20 years ago, the United Nations General Assembly approved the Agreement on the Relations between the United Nations and the International Criminal Court in September 2004, and the agreement entered into force the following month.

In accordance with the general obligations of the relationship agreement, the UN Secretary-General issued guidelines in 2013 – known as the “Essential Contacts Policy” – which govern any potential meeting with a member of the UN Secretariat. UN and a person subject to an arrest warrant. arrest by the ICC. The Secretary-General transmitted these directives to the President of the General Assembly and the President of the Security Council.

This document specifies: “Persons subject to arrest warrants issued by the International Criminal Court can be expected to deliberately seek meetings with United Nations officials in order to demonstrate their contempt for the Court and attempt to undermine its authority… Although the UN and the International Criminal Court are a separate organization with their own mandates, the two organizations share the common goal of ending impunity for perpetrators of the most serious crimes of concern to the international community. Furthermore, the agreement on relations between the UN and the ICC requires that the United Nations “refrain from any action likely to frustrate the activities of the Court and its various organs, including the Prosecutor, or undermining the authority of their decisions.”

As we can see, this is exactly how Putin behaved when he invited the UN Secretary General to visit Russia to participate in the BRICS summit.

As a general rule, there should be no meetings between United Nations officials and persons subject to arrest warrants issued by the International Criminal Court.

No formal meetings should be held with such people and ordinary courtesy visits should be avoided. The same applies to receptions, photo shoots, participation in celebrations on national holidays, etc.

According to the Guidance, the Secretary-General and his deputies may occasionally come into direct contact with such an individual only “for the purpose of resolving fundamental issues” affecting the capacity of the UN and its specialized agencies, organizations, programs and funds. ‘UN. system to carry out their mandate in the country concerned, including on vital security issues.

Contacts between United Nations officials and persons subject to arrest warrants issued by the International Criminal Court should be limited to those strictly necessary for the execution of essential activities mandated by the United Nations and only in the necessary measure.

– Is the UN Secretary General authorized to meet with the leaders of international organizations such as GUAM (Georgia, Ukraine, Azerbaijan, Moldova) or the SCO (Shanghai Cooperation Organization)?

– The UN General Assembly adopted relevant resolutions regarding relations between the UN and GUAM, the SCO and other regional organizations.

But I am not aware of any cooperation agreement between the UN and BRICS.

For example, regarding the SCO, the UNGA resolution of September 1, 2023 states: The General Assembly “underlines the importance of strengthening dialogue, cooperation and coordination between the United Nations system and the Shanghai Cooperation Organization; and proposes that specialized agencies, organizations, programs and funds of the United Nations system cooperate with the Shanghai Cooperation Organization to jointly implement programs to achieve their objectives. It invites the Secretary-General of the United Nations to engage in regular consultations with the Secretary-General. of the SCO and encourages specialized agencies and components of the United Nations system to cooperate with the SCO, using existing inter-organizational forums and formats.

As for GUAM, according to the resolution of November 21, 2022, the General Assembly “invites the Secretary-General of the United Nations to engage in regular consultations with the Secretary-General of GUAM and encourages the specialized agencies and components of the United Nations system to cooperate with GUAM, using appropriate inter-agency forums and formats for this purpose, including annual consultations between the UN Secretary-General and heads of regional organizations.

Neither the Security Council nor the UN General Assembly has asked the UN Secretary-General to interact with the BRICS, let alone accept an invitation from a person subject to an arrest warrant issued by the International Criminal Court.

The Guide explains that “When contact is absolutely necessary, attempts should be made, wherever possible, to interact with individuals from the same group or party who are not the subject of a police arrest warrant. International Criminal Court. »

– Did the Secretary General’s office justify the need for a meeting with a war criminal?

– We await clear explanations from the UN on the type of “essential issues” that should be resolved at the BRICS summit with an individual on the run under an arrest warrant from an international criminal court. Let me reiterate: these are issues that “affect the ability of the UN and its specialized agencies, organizations, programs and funds to fulfill their mandates in the country concerned, including on vital security issues”, as required by the Guidelines. .

Based on what the deputy spokesperson for the Secretary-General has said so far, I have not heard an answer to this question. He responded to reporters’ questions that the Secretary General would attend the BRICS summit to hold a series of bilateral meetings with the leaders present at the summit, particularly with the aim of promoting issues related to security and freedom of navigation of ships. commercial in the waters of the Black Sea. As you know, the full functioning of the Black Sea Grain Initiative has not yet been ensured for more than a year.

Regarding the four bilateral meetings of the Secretary General mentioned by the deputy spokesperson, two took place with dictators – Putin and Lukashenko.

– And if the Secretary General wishes to meet with a person who is the subject of an ICC arrest warrant, is there a procedure for informing the Court of the meeting and explaining why it is considered necessary? (In fact, on the day of this interview (October 25), Ukraine submitted its instrument of ratification of the Rome Statute to the UN Secretariat).

– Yes, the 2016 UN Manual on Cooperation with the ICC explains: “A procedure has been established by which the OLA (UN Office of Legal Affairs) informs the Prosecutor of the Court and the President of the Assembly of States Parties to the Rome Statute in advance” of the intention to meet with a person subject to an ICC arrest warrant and to explain why such a meeting is considered necessary. I am curious to see this letter.

Interviewed by Volodymyr Ilchenko