141 
keeping operation would result in the re-
sumption of major conflict, a burden-shar-
ing arrangement that reduces the level of 
assessed contributions, similar to that cur-
rently supporting the United Nations 
Peacekeeping Force in Cyprus, should be 
explored and instituted. 
(D) LEADERSHIP.—As peacekeeping oper-
ations become larger and increasingly complex, 
the Secretariat should adopt a minimum stand-
ard of qualifications for senior leaders and 
managers, with particular emphasis on specific 
skills and experience, and current senior leaders 
and managers who do not meet those standards 
should be removed. 
(E) PRE-DEPLOYMENT TRAINING.—Pre-de-
ployment training on interpretation of the man-
date of the operation, specifically in the areas 
of use of force, civilian protection and field con-
ditions, the Code of Conduct, HIV/AIDS, and 
human rights should be mandatory, and all per-
sonnel, regardless of category or rank, should 
be required to sign an oath that each has re-
ceived and understands such training as a con-
dition of participation in the operation. 
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142 
(F) GRATIS MILITARY PERSONNEL.—The 
General Assembly should seek to strengthen the 
capacity the United Nations Department of 
Peacekeeping Operations and ease the extraor-
dinary burden currently placed upon the limited 
number of headquarters staff by lifting restric-
tions on the utilization of gratis military per-
sonnel by the Department so that the Depart-
ment may accept secondments from Member 
States of military personnel with expertise in 
mission planning, logistics, and other oper-
ational specialties. 
(2) CONDUCT AND DISCIPLINE.— 
(A) ADOPTION OF A UNIFORM CODE OF 
CONDUCT.—A single, uniform Code of Conduct 
that has the status of a binding rule and ap-
plies equally to all personnel serving in United 
Nations peacekeeping operations, regardless of 
category or rank, including military personnel, 
should be adopted and incorporated into legal 
documents governing participation in such an 
operation, including all contracts and Memoran-
dums of Understanding, promulgated and effec-
tively enforced. 
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143 
(B) UNDERSTANDING THE CODE OF CON-
DUCT.—All personnel, regardless of category or 
rank, should receive training on the Code of 
Conduct prior to deployment with a peace-
keeping operation, in addition to periodic fol-
low-on training. In particular— 
(i) all personnel, regardless of cat-
egory or rank, should be provided with a 
personal copy of the Code of Conduct that 
has been translated into the national lan-
guage of such personnel, regardless of 
whether such language is an official lan-
guage of the United Nations; 
(ii) all personnel, regardless of cat-
egory or rank, should sign an oath that 
each has received a copy of the Code of 
Conduct, that each pledges to abide by the 
Code of Conduct, and that each under-
stands the consequences of violating the 
Code of Conduct, including immediate ter-
mination of participation in and permanent 
exclusion from all current and future 
peacekeeping operations, as well as the as-
sumption of personal liability and victims 
compensation, where appropriate, as a con-
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144 
dition of appointment to any such oper-
ation; and 
(iii) peacekeeping operations should 
continue and enhance educational outreach 
programs to reach local communities where 
peacekeeping personnel of such operations 
are based, including explaining prohibited 
acts on the part of United Nations peace-
keeping personnel and identifying the indi-
vidual to whom the local population may 
direct complaints or file allegations of ex-
ploitation, abuse, or other acts of mis-
conduct. 
(C) 
MONITORING
MECHANISMS.—Dedi-
cated monitoring mechanisms, such as the Con-
duct and Discipline Teams already deployed to 
support United Nations peacekeeping oper-
ations in Haiti, Sudan, Kosovo, Liberia, Leb-
anon, Cote d’Ivoire, Western Sahara, and the 
Democratic Republic of Congo, should be 
present in each operation to monitor compliance 
with the Code of Conduct, and should report si-
multaneously to the Head of Mission, the 
United Nations Department of Field Support, 
the United Nations Department of Peace-
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145 
keeping Operations, and the Associate Director 
of the Office of Internal Oversight Services for 
Peacekeeping Operations (established under 
section 1114(b)(9)). 
(D) INVESTIGATIONS.—A permanent, pro-
fessional, and independent investigative body 
should be established and introduced into 
United Nations peacekeeping operations. In 
particular— 
(i) the investigative body should in-
clude professionals with experience in in-
vestigating sex crimes and the illegal ex-
ploitation of resources, as appropriate, as 
well as experts who can provide guidance 
on standards of proof and evidentiary re-
quirements necessary for any subsequent 
legal action; 
(ii) provisions should be included in 
all Memorandums of Understanding, in-
cluding a Model Memorandum of Under-
standing, that obligate Member States that 
contribute troops to a peacekeeping oper-
ation to designate a military prosecutor 
who will participate in any investigation 
into credible allegations of misconduct 
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146 
brought against an individual of such 
Member State, so that evidence is collected 
and preserved in a manner consistent with 
the military law of such Member State; 
(iii) the investigative body should be 
regionally based to ensure rapid deploy-
ment and should be equipped with modern 
forensics equipment for the purpose of 
positively identifying perpetrators and, 
where necessary, for determining paternity; 
and 
(iv) the investigative body should re-
port directly to the Associate Director of 
the Office of Internal Oversight Services 
for Peacekeeping Operations, while pro-
viding copies of any reports to the Depart-
ment of Field Support, the Department of 
Peacekeeping Operations, the Head of Mis-
sion, and the Member State concerned. 
(E) FOLLOW-UP.—The Conduct and Dis-
cipline Unit in the headquarters of the United 
Nations Department of Field Support should be 
appropriately staffed, resourced, and tasked 
with— 
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147 
(i) promulgating measures to prevent 
misconduct; 
(ii) receiving reports by field per-
sonnel and coordinating the Department’s 
response to allegations of misconduct; 
(iii) gathering follow-up information 
on completed investigations, particularly by 
focusing on disciplinary actions against the 
individual concerned taken by the United 
Nations or by the Member State that is 
contributing troops to which such indi-
vidual belongs, and sharing such informa-
tion with the Security Council, the Depart-
ment of Peacekeeping Operations, the 
Head of Mission, and the community 
hosting the peacekeeping operation; and 
(iv) contributing pertinent data on 
conduct and discipline to the database re-
quired pursuant to subparagraph (H). 
(F) FINANCIAL
LIABILITY
AND
VICTIMS 
ASSISTANCE.—Although 
peacekeeping 
oper-
ations should provide immediate medical assist-
ance to victims of sexual abuse or exploitation, 
the responsibility for providing longer-term 
treatment, care, or restitution lies solely with 
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148 
the individual found guilty of the misconduct. 
In particular: 
(i) The United Nations should not as-
sume responsibility for providing long-term 
treatment or compensation under the Sex-
ual Exploitation and Abuse Victim Assist-
ance Mechanism by utilizing assessed con-
tributions to United Nations peacekeeping 
operations, thereby shielding individuals 
from personal liability and reinforcing an 
atmosphere of impunity. 
(ii) If an individual responsible for 
misconduct has been repatriated, reas-
signed, redeployed, or is otherwise unable 
to provide assistance, responsibility for 
providing assistance to a victim should be 
assigned to the Member State that contrib-
uted the contingent to which such indi-
vidual belonged or to the manager con-
cerned. 
(iii) In the case of misconduct by a 
member of a military contingent, appro-
priate funds shall be withheld from the 
troop contributing country concerned. 
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149 
(iv) In the case of misconduct by a ci-
vilian employee or contractor of the United 
Nations, appropriate wages shall be gar-
nished from such individual or fines shall 
be imposed against such individual, con-
sistent with existing United Nations Staff 
Rules, and retirement funds shall not be 
shielded from liability. 
(G) MANAGERS AND COMMANDERS.—The 
manner in which managers and commanders 
handle cases of misconduct by those serving 
under them should be included in their indi-
vidual performance evaluations, so that man-
agers and commanders who take decisive action 
to deter and address misconduct are rewarded, 
while those who create a permissive environ-
ment or impede investigations are penalized or 
relieved of duty, as appropriate. 
(H) DATABASE.—A centralized database, 
including personnel photos, fingerprints, and bi-
ometric data, should be created and maintained 
within the United Nations Department of 
Peacekeeping Operations, the Department of 
Field Support, and other relevant United Na-
tions bodies without further delay to track cases 
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150 
of misconduct, including the outcome of inves-
tigations and subsequent prosecutions, to en-
sure that personnel who have engaged in mis-
conduct or other criminal activities, regardless 
of category or rank, are permanently barred 
from participation in future peacekeeping oper-
ations. 
(I) COOPERATION OF MEMBER STATES.— 
If a Member State routinely refuses to cooper-
ate with the directives contained herein or acts 
to shield its nationals from personal liability, 
that Member State should be barred from con-
tributing troops or personnel to future peace-
keeping operations. 
(J) WELFARE.—Peacekeeping operations 
should continue to seek to maintain a minimum 
standard of welfare for mission personnel to 
ameliorate conditions of service, while adjust-
ments are made to the discretionary welfare 
payments currently provided to Member States 
that contribute troops to offset the cost of oper-
ation-provided recreational facilities, as nec-
essary and appropriate. 
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151 
SEC. 1003. CERTIFICATION. 
(a) NEW
OR EXPANDED PEACEKEEPING OPER-
ATIONS
CONTINGENT
UPON
PRESIDENTIAL
CERTIFI-
CATION OF PEACEKEEPING OPERATIONS REFORMS.— 
(1) NO NEW OR EXPANDED PEACEKEEPING OP-
ERATIONS.— 
(A) CERTIFICATION.—Except as provided 
in subparagraph (B), until the Secretary of 
State certifies that the requirements described 
in paragraph (2) have been satisfied, the Presi-
dent shall direct the United States Permanent 
Representative to the United Nations to use the 
voice, vote, and influence of the United States 
at the United Nations to oppose the creation of 
new, or expansion of existing, United Nations 
peacekeeping operations. 
(B) EXCEPTION AND NOTIFICATION.—The 
requirements described under paragraph (2) 
may be waived with respect to a particular 
peacekeeping operation if the President deter-
mines that failure to deploy new or additional 
peacekeepers in such situation will significantly 
contribute to the widespread loss of human life, 
genocide, or the endangerment of a vital na-
tional security interest of the United States. If 
the President makes such a determination, the 
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152 
President shall, not later than 15 days before 
the exercise of such waiver, notify the appro-
priate congressional committees of such deter-
mination and resulting waiver. 
(2) CERTIFICATION OF PEACEKEEPING OPER-
ATIONS REFORMS.—The certification referred to in 
paragraph (1) is a certification made by the Sec-
retary to the appropriate congressional committees 
that the following reforms, or an equivalent set of 
reforms, related to peacekeeping operations have 
been adopted by the United Nations Department of 
Peacekeeping Operations or the General Assembly, 
as appropriate: 
(A) A single, uniform Code of Conduct 
that has the status of a binding rule and ap-
plies equally to all personnel serving in United 
Nations peacekeeping operations, regardless of 
category or rank, has been adopted by the Gen-
eral Assembly and duly incorporated into all 
contracts and a Model Memorandum of Under-
standing, and mechanisms have been estab-
lished for training such personnel concerning 
the requirements of the Code and enforcement 
of the Code. 
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153 
(B) All personnel, regardless of category or 
rank, serving in a peacekeeping operation have 
been trained concerning the requirements of the 
Code of Conduct and each has been given a per-
sonal copy of the Code, translated into the na-
tional language of such personnel. 
(C) All personnel, regardless of category or 
rank, are required to sign an oath that each has 
received a copy of the Code of Conduct, that 
each pledges to abide by the Code, and that 
each understands the consequences of violating 
the Code, including immediate termination of 
participation in and permanent exclusion from 
all current and future peacekeeping operations, 
as well as the assumption of personal liability 
for victims compensation as a condition of the 
appointment to such operation. 
(D) All peacekeeping operations have de-
signed and implemented educational outreach 
programs to reach local communities where 
peacekeeping personnel of such operations are 
based to explain prohibited acts on the part of 
United Nations peacekeeping personnel and to 
identify the individual to whom the local popu-
lation may direct complaints or file allegations 
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154 
of exploitation, abuse, or other acts of mis-
conduct. 
(E) The creation of a centralized database, 
including personnel photos, fingerprints, and bi-
ometric data, has been completed and is being 
maintained in the United Nations Department 
of Peacekeeping Operations that tracks cases of 
misconduct, including the outcomes of inves-
tigations and subsequent prosecutions, to en-
sure that personnel, regardless of category or 
rank, who have engaged in misconduct or other 
criminal activities are permanently barred from 
participation in future peacekeeping operations. 
(F) A Model Memorandum of Under-
standing between the United Nations and each 
Member State that contributes troops to a 
peacekeeping operation has been adopted by the 
United Nations Department of Peacekeeping 
Operations that specifically obligates each such 
Member State to— 
(i) uphold the uniform Code of Con-
duct which shall apply equally to all per-
sonnel serving in United Nations peace-
keeping operations, regardless of category 
or rank; 
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(ii) designate a competent legal au-
thority, preferably a prosecutor with exper-
tise in the area of sexual exploitation and 
abuse where appropriate, to participate in 
any investigation into an allegation of mis-
conduct brought against an individual of 
such Member State; 
(iii) refer to its competent national or 
military authority for possible prosecution, 
if warranted, any investigation of a viola-
tion of the Code of Conduct or other crimi-
nal activity by an individual of such Mem-
ber State; 
(iv) report to the Department of Field 
Support and the Department of Peace-
keeping Operations on the outcome of any 
such investigation; 
(v) undertake to conduct on-site court 
martial proceedings, where practical and 
appropriate, relating to allegations of mis-
conduct alleged against an individual of 
such Member State; and 
(vi) assume responsibility for the pro-
vision of appropriate assistance to a victim 
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156 
of misconduct committed by an individual 
of such Member State. 
(G) A professional and independent inves-
tigative and audit function has been established 
within the United Nations Department of 
Peacekeeping Operations and the Office of In-
ternal Oversight Services to monitor United 
Nations peacekeeping operations. 
Æ 
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