Murdering United Nations or Associated Personnel

Murdering United Nations or Associated Personnel is an offence under section 71.2 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of life in prison

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. Your conduct caused the death of another person,
2. You intended by your conduct to cause the person’s death, or you were reckless as to whether your conduct would cause the person’s death,
3. The person was a United Nations (UN) or Associated Personnel, and
4. The person was engaged in a UN operation other than a UN enforcement action.

‘United Nations personnel’ means:

1. Persons engaged or deployed by the UN Secretary-General as members of the military, police or civilian components of a UN operation, or
2. Officials or experts on a mission of the UN or its agencies.

‘Associated personnel’ means any of the following where they are carrying out activities in support of a UN mandated operation:

1. Persons assigned by governments or intergovernmental organisations with the agreement of the UN,
2. Person engaged by the UN Secretary-General or a UN agency, or
3. Persons deployed by humanitarian non-governmental organisations or agencies.

A ‘United Nations operation’ is one established by the UN in accordance with its Charter and conducted under UN authority and control where:

1. Its purpose is to maintain or restore international peace and security, or
2. The UN General Assembly or Security Council has otherwise declared that the operation poses an exceptional risk to the safety of UN personnel.

A ‘United Nations enforcement operation’ is a UN operation:

1. That the UN Security Council has designated as an enforcement operation,
2. That involves UN or associated personnel being engaged as combatants against organised armed forces, and
3. That is subject to the law of international armed conflict.

You ‘caused’ the person’s death if your conduct substantially contributed to it.

You were ‘reckless’ if:

1. You were aware there was a substantial risk of the person’s death,
2. Your conduct was unjustifiable considering all of the circumstances known to you, and
3. You engaged in the conduct despite the risk.

Self-defence is a complete defence to the charge.