Due Process Rights at the United Nations: Fairness and Effectiveness in Internal Investigations

Abstract

International organizations have a duty to combat frauds and other wrongdoings in their midst – with due respect for the rights of their staff members. Internal investigation is a tool for administration of internal justice and oversight. There are currently discussions within the United Nations System regarding who should conduct these investigations, and most importantly how. Discussion topics include discretionary authority to initiate an investigation and to outline its appropriate scope, standard of evidence, legal representation, timing of the disclosure of evidence and other due process considerations. This contribution discusses the cost of some selected due process policies and calls for balancing fairness and effectiveness objectives in investigation, keeping in mind both the rights of staff members and the public good objectives for which donors entrust funds to international organizations.