Concept and Function of the Secretary-General of the United Nations
Der Secretary-General of the United Nations is the highest administrative body of the organization and performs both political and administrative functions. His appointment, areas of responsibility, and legal status are governed by the Charter of the United Nations, in particular Articles 97 to 100, as well as further legal acts and resolutions of the General Assembly.
Legal Basis
Integration under International Law
The establishment and operation of the office of the Secretary-General are clearly defined under international law, especially in the Charter of the United Nations. Essential regulations result from the following articles:
- Article 97 UN Charter: The office is appointed by the General Assembly on the recommendation of the Security Council.
- Articles 98-100 UN Charter: They contain provisions regarding the tasks, responsibilities, and independence of the Secretary-General.
Appointment and Term of Office
Die Appointment of the Secretary-General takes place by the General Assembly on the recommendation of the Security Council (Article 97 UN Charter). This form of selection ensures interaction between both organs of the United Nations:
- Recommendation: The Security Council issues a recommendation by qualified majority without veto from any permanent member.
- Appointment: The General Assembly follows this recommendation and confirms the candidate.
Die Term of Office is five years and can be extended by re-appointment. The Charter does not stipulate a limit for terms, but it is common practice to appoint the Secretary-General for no more than a second term.
Legal Status and Immunity
According to international law, the Secretary-General enjoys extraterritorial status and comprehensive immunity from civil, criminal, and administrative jurisdiction of member states. These immunities and privileges are laid out in particular in Sections 18 and 19 of the Convention on the Privileges and Immunities of the United Nations. These include, among others:
- Exemption from judicial and criminal prosecution,
- Inviolability of correspondence and office premises,
- Tax exemption with respect to salary and emoluments.
Scope of Tasks and Responsibilities
Political and Administrative Responsibility
The Secretary-General heads the Secretariat of the United Nations, which, as the administrative body, coordinates and supports the activities of the organization. He is entrusted with both administrative and diplomatic duties.
Among the administrative tasks are:
- The selection and appointment of high-ranking personnel of the Secretariat,
- Supervision of the implementation of programs and resolutions of UN bodies,
- Preparation and submission of reports on the activities of the United Nations.
Within his political function the Secretary-General has the right and duty to:
- Participate in meetings of the main organs, consultations, and committees,
- Suggest agenda items, as required by the fulfillment of the Charter (Article 99 UN Charter),
- Facilitate and mediate in international disputes,
- Conduct “Good Offices” to prevent and resolve international conflicts.
Freedom from Instructions and Independence
According to Article 100 UN Charter, the Secretary-General may not accept instructions from governments or other external bodies in the performance of his duties. The independence of the office is thus a fundamental pillar to ensure that the organization commands respect for its objectivity and credibility worldwide.
Status under Personnel Law
The Secretary-General is involved in the selection, appointment, and disciplinary measures concerning the staff of the United Nations Secretariat. Personnel policy is subject to its own internal regulations, but must always adhere to the principles of independence and effectiveness of the organization.
Liability, Removal, and End of Term
Removal and End of Term
The possibility of early removal of the Secretary-General is not expressly regulated in the Charter. In practice, the term of office is determined by the General Assembly, based on the recommendation of the Security Council.
Reasons for early termination of the term may include resignation, permanent incapacity, or a resolution of the General Assembly on the recommendation of the Security Council.
Immunity and Personal Liability
As long as the Secretary-General is acting in an official capacity, he is exempted from the jurisdiction of member states due to the comprehensive immunities of UN law. In exceptional cases, the General Assembly may lift immunity if this is deemed appropriate in the interest of justice or the United Nations.
Secretary-General in the Context of UN Organs
Relationship with the Security Council and General Assembly
The Secretary-General is accountable to both the General Assembly and the Security Council. He regularly submits reports and informs the bodies about matters which, in his opinion, could affect world peace and international security.
Role in Crises and Special Duties
In international crises, the Secretary-General acts as an active mediator and can, on his own initiative (“good offices”), help resolve conflicts. The dispatch of special envoys or the leadership of peace missions also fall within his responsibilities.
Summary
Der Secretary-General of the United Nations is a key figure in international law who, as the highest administrative body, fulfills a wide range of administrative and political tasks. His legal status is protected by immunities, independence, and international law. The central role within the organization, combined with far-reaching responsibilities and executive powers, makes the office a key position in the international legal system.
Frequently Asked Questions
How is the Secretary-General of the United Nations appointed legally?
The appointment of the Secretary-General of the United Nations is regulated in Article 97 of the Charter of the United Nations. According to this article, the Secretary-General is recommended by the Security Council and appointed by the General Assembly. The recommendation of the Security Council requires a qualified majority, including the consent of all five permanent members (veto right). The General Assembly then decides on the appointment in a plenary session and has the formal final say, even though the Security Council’s nomination right is decisive in practice. The procedure is legally binding; the Charter does not permit any other form of appointment. Legal standards relating to the duration of the term or re-appointment are not explicitly defined in the Charter itself; the term is traditionally five years, based on precedents and resolutions.
What legal requirements apply to the person of the Secretary-General?
The Charter of the United Nations does not set out explicit legal requirements regarding nationality, age, qualifications, or professional background of a Secretary-General. Article 97 of the Charter only states that “the Organization shall have a Secretary-General.” Implicitly, it is expected that the candidate is suitable in the spirit of the Charter. In practice, customary rules exist, such as that no person from one of the five permanent member states is appointed, to ensure neutrality. These customs are not legally binding but may become factually binding through political consensus. Additional requirements may arise from internal rules and resolutions of the United Nations, but these are legally subordinate.
What legal position does the Secretary-General of the United Nations occupy within the UN system?
The legal status of the Secretary-General is set forth in Articles 97 to 100 of the UN Charter. He is the “chief administrative officer” of the Organization and heads the Secretariat. Formally, he acts as an independent organ of the United Nations with its own legal personality within the framework of his duties under the Charter. Legally, the Secretary-General is subject only to the instructions of the United Nations and, pursuant to Article 100 of the Charter, enjoys immunity from all governments; they must not attempt to influence the Secretary-General in the exercise of his office. His mandate grants him extensive discretion in carrying out his administrative and diplomatic responsibilities.
What legal powers and duties does the Secretary-General have according to the UN Charter?
According to Articles 98 and 99 of the UN Charter, the Secretary-General reports to the Security Council on matters affecting world peace and international security. He is obliged to actively point out risks but cannot initiate binding resolutions. Legally, he is the principal administrative officer and thereby responsible for the implementation of decisions by the General Assembly, Security Council, Economic and Social Council, as well as other UN bodies. His legal powers are limited exclusively to organizational and diplomatic implementation within the framework of the UN Charter; he does not possess legislative or executive authority over member states.
How is the removal or dismissal of the Secretary-General carried out from a legal perspective?
A formal legal mechanism for the dismissal of a Secretary-General is not expressly provided for in the UN Charter. In theory, according to prevailing international law doctrine, the General Assembly may revoke the term of office before its expiration upon the recommendation of the Security Council, since appointment is possible in the same way. This interpretation is based on the general legal principle that an organ empowered to appoint can also dismiss. This requires the approval of a majority of the General Assembly on the recommendation of the Security Council, including the veto rights of the permanent members. On the other hand, the Secretary-General can resign at any time on his own initiative.
What legal immunity does the Secretary-General of the United Nations enjoy?
The legal immunity of the Secretary-General is governed by the Convention on the Privileges and Immunities of the United Nations of 1946. As the highest international official, he enjoys comprehensive protection from prosecution by national courts of member states during and in connection with the exercise of his duties. Immunity covers judicial, administrative, and executive actions. Only the United Nations itself can waive the immunity of its Secretary-General, and this may be done strictly on legal grounds and only to protect the interests of the organization, not the individual.
What legal regulations govern the term of office of the Secretary-General?
The UN Charter does not expressly specify the duration of the term. In practice, based on resolutions and precedents, a term of five years with the possibility of a single re-appointment is applied. This practice is based on the interpretation of Article 97, in conjunction with corresponding resolutions of the General Assembly. Therefore, there is no formal limitation, but it is viewed as customary international law and has become de facto binding by the practice of the bodies. Decisions on deviating terms also require the above-mentioned joint resolution by the Security Council and General Assembly.
