Permanent Representative of Ukraine to the United Nations Serhiy Kyslytsya

UN Secretary General António Guterres’s visit to Kazan for the BRICS Summit meeting caused harsh criticism from Ukraine and its allies. Spokespersons of the Secretary General explained why the visit was necessary, based on the “importance” of the event, and said that the member countries of this organization represent half of the world’s population. It is also claimed that Guterres explained to Putin his stance on Russia’s war of aggression against Ukraine. How legitimate was the United Nations chief’s trip to the aggressor country and his meeting with the war criminal? Ukrinform requested Ukrainian Permanent Representative to the United Nations Serhiy Kyslytsya for comment.

– Serhiy Olehovych, There are many statements and comments made – both here in New York and in Ukraine – regarding the moral, legal and political aspects of the UN Secretary-General’s decision to go to Russia at the invitation of the war criminal. Putin will attend the BRICS Summit meeting. Does the United Nations have rules regarding this?

– Yes. This is not the first time this issue has come up.

More than 20 years ago, the UN General Assembly approved the Agreement on the Relationship 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, in 2013 the UN Secretary-General issued guidelines – known as the “essential contact policy” – governing possible meetings with a member of the UN Secretariat and a person for whom an arrest warrant exists. He was arrested by the ICC. The Secretary-General conveyed the guidance to the President of the General Assembly and the President of the Security Council.

This document states: “It is foreseeable that persons who are the subject of arrest warrants issued by the International Criminal Court may deliberately seek to meet with United Nations officials in order to demonstrate their disrespect for the Court and to attempt to undermine its authority… Although the UN and the UN International Criminal Court are separate organizations with their own jurisdictions; The two organizations share the common goal of ending impunity for perpetrators of the most serious crimes of concern to the international community. Additionally, the Agreement on Relations between the UN and the ICC requires the United Nations to “refrain from any action that would frustrate the activities of the Court and its various bodies, including the Prosecutor, or undermine the authority of its decisions.”

As can be seen, Putin acted in exactly this way when he sent an invitation to the UN Secretary-General to visit Russia to attend the BRICS Summit.

As a general rule, no meetings should take place between United Nations officials and persons who are the subject of an arrest warrant issued by the International Criminal Court.

Serious meetings should not be held with these people, and ordinary courtesy visits should be avoided. The same applies to receptions, photo shoots, participation in national holiday celebrations, etc. Also valid for .

According to the guidance, the Secretary-General and his deputies may occasionally engage directly with such a person “for the purpose of resolving key issues” affecting the ability of the UN and its specialized agencies, institutions, programs and funds. The system of carrying out their duties in the relevant country, including vital security matters.

Contacts between United Nations officials and persons who are the subject of arrest warrants issued by the International Criminal Court should be limited to contacts strictly necessary for the performance of essential activities mandated by the United Nations and only to the extent necessary.

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

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

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

For example, in the case of the SCO, the UNGA resolution of 1 September 2023 states: The General Assembly “emphasizes the importance of strengthening dialogue, cooperation and coordination between the UN system and the Shanghai Cooperation Organisation, and emphasizes that specialized agencies, institutions, programs and funds of the UN system should implement programs to achieve their objectives.” “Invites the Secretary-General of the United Nations to hold regular consultations with the Secretary-General and encourages the specialized agencies and components of the UN system to cooperate with the SCO using existing inter-organizational forums and formats”.

As for GUAM, according to the resolution of 21 November 2022, the General Assembly “invites the Secretary-General of the United Nations to hold regular consultations with the Secretary-General of GUAM and encourages the specialized agencies and components of the UN system.” To this end, the annual meeting between the UN Secretary-General and the heads of regional organizations “To cooperate with GUAM using appropriate interagency forums and formats, including consultations.”

Neither the Security Council nor the UN General Assembly has instructed the UN Secretary-General to engage with BRICS, let alone accept the invitation of a person who is the subject of an arrest warrant issued by the International Criminal Court.

The guidance states: “In cases where communication is absolutely necessary, attempts should be made, whenever possible, to interact with persons belonging to the same group or party who are not the subject of an International Criminal Court arrest warrant.”

– Did the Secretary General’s office prove the necessity of meeting with a war criminal?

– We expect a clear statement from the UN about what kind of “fundamental problems” should be resolved at the BRICS Summit with a fugitive person for whom an arrest warrant has been issued by the international criminal court. Let me restate: these are issues that, as the Guidelines require, “affect the ability of the UN and its specialized agencies, institutions, programs and funds to carry out their functions in the country concerned, including vital security matters.” .

I have not received an answer to this question from what the Deputy Spokesperson of the Secretary General has said so far. He answered journalists’ questions that the Secretary-General attended the BRICS summit to hold a series of bilateral meetings with leaders attending the summit to promote issues particularly related to the safety of commercial ships and freedom of navigation. Black Sea waters. As you know, the full functioning of the Black Sea Grain Initiative has not been achieved for more than a year.

Regarding the four bilateral meetings held by the Secretary General mentioned by the deputy spokesman, two of them were with dictators – Putin and Lukashenko.

– If the Secretary-General wishes to meet with a person who has an ICC arrest warrant, is there any procedure for notifying the Court of the meeting and explaining why this is deemed necessary? (By the way, 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 Handbook 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 2016. Providing advance notice of the intention to meet with a person for whom an ICC arrest warrant exists and explaining why such a meeting is deemed necessary. I’m curious to see this letter.

interviewer Volodimir Ilchenko