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The Sixth Committee will next meet at 10 a.m. on Wednesday, 12 October, to commence its debate on the scope and application of the principle of universal jurisdiction. ANDY ARON ( Indonesia) stressed that crimes against humanity may be more widespread than genocide or war crimes, as they may occur in situations not involving armed conflict and do not require the intent to destroy certain groups of people, in whole or in part, as the crime of genocide does. Underscoring the importance of having consensus on the draft articles, he said that consultations are necessary to deepen understanding on the matter. Spotlighting draft articles 6 and 7, he emphasized the need to preserve the States’ primary responsibility to exercise their national criminal jurisdiction for such crime occurring on their territories. Indonesia established a law on the Human Rights Court that criminalized crimes against humanity and established its national jurisdiction. In addition, to further complement the national legal infrastructure, cooperation among States was also important. To that end, his country has concluded 13 extradition treaties and 10 mutual legal assistance in criminal matters treaties with other countries, as well as one regional mutual legal assistance treaty among the Association of Southeast Asian Nations (ASEAN) countries. Bailey is also excited to work with guest star Tom Berenger, who’ll appear later this season as the long-absent husband of Sharon Raydor (Mary McDonnell). “Tom is an old friend of mine,” said Bailey. “We did a movie together almost 30 years ago – 29 years ago – called Rustler’s Rhapsody…when we saw each other on this we promised that we’d work together every 30 years.” Taking Up Administration of Justice Reports, Delegates Commend Adaptation of Work During Pandemic, Increased Multilingualism, Caselaw Portal WALEED AL-ZAHRANI ( Saudi Arabia), expressing concern that the draft articles’ introduction of new definitions might cause confusion, stressed the importance of standardizing terms such as “slavery”, “torture” and “enforced disappearances”, in compliance with relevant United Nations conventions. He also noted that certain provisions of the draft articles expand the scope of universal jurisdiction, which is a principle on which the international community is divided. It is therefore important to study State judicial proceedings within the framework of combating impunity, and to uphold recognized principles in international law, especially those of immunity and sovereign equality. Highlighting the need to study all issues relating to the draft articles to build consensus among States, he voiced his support for achieving justice and international peace through the creation of a legal foundation that complies with the purposes and principles of the Charter of the United Nations.
Ms. ROSSA ( Bolivia) pointed out that violent events during the 2019 coup in her country could be considered crimes against humanity, recalling that the police and the military “put down” protests and those demonstrating against the Government were repressed. Further, disproportionate force was used against indigenous people and civilians, motivated by hate. Despite domestic prosecutorial efforts, she stressed the need for an international convention on this subject so that perpetrators do not enjoy impunity. Expressing regret that progress towards this end in recent years has not been substantive, she spotlighted her country’s commitment to preventing and punishing all national and international crimes of this kind. Bolivia will continue to prioritize the International Law Commission’s proposal for a convention against crimes against humanity in the Sixth Committee, she added. NURUL AINY YAHAYA ( Malaysia) stressed that access to justice, along with the universal standards of international law, should be preserved and upheld for everyone ‑ including the Palestinians, long suffering at the hands of the “apartheid Israeli regime”, as well as the people of Myanmar, including the Rohingya, that have been subjected to continued violence even before the military takeover in 2021. For its part, Malaysia’s domestic criminal law provides for the prosecution of the perpetrators of crimes against humanity, and its international cooperation in this matter is governed by laws pertaining to extradition and mutual assistance in criminal matters. She went on to note that this is the fourth time the International Law Commission’s draft articles on this subject are before the Sixth Committee, expressing hope that the same will be examined prudently to ensure that further work does not overlap with existing regimes but, rather, complements them. GENG SHUANG ( China) welcomed the Secretary‑General’s efforts to enhance the transparency and efficiency of the United Nations internal justice system, including the adoption of virtual trials and e-filing in response to constraints imposed by the COVID‑19 pandemic. Emphasizing that the justice system is an important mechanism that safeguards the interests of United Nations staff, he said that both the informal and formal parts of the same must adhere to the rule of law. The Office of Staff Legal Assistance plays a significant role in the informal resolution of disputes, he added, adding his support for strengthening legal services within the internal justice system to ensure that all United Nations staff have timely access to legal remedies. He went on to spotlight the candidature of two highly qualified Chinese judges for the United Nations Dispute Tribunal and the United Nations Appeals Tribunal, noting that their election would help increase the representation of the Asia-Pacific region in both tribunals and contribute to the work of these bodies.YARDEN RUBINSHTEIN ( Israel), supporting the establishment of a forum within the framework of the Sixth Committee for a potential elaboration of a future convention, spotlighted the divergent views of Member States demonstrated during the previous Committee sessions, both regarding the substantive content of the draft articles and their future framework. Recognizing these differences, she underscored the importance of achieving progress with regard to the draft articles and finding a path forward. She further reiterated support for the proposal to establish an ad hoc committee to examine the draft articles and enable meaningful and inclusive discussions among States. In this regard, she noted that the principle of consensus within the Sixth Committee was a significant element for maintaining the unity and consistency of international law. She further reiterated her country’s willingness and commitment to the efforts for the development of international law. GENG SHUANG ( China), associating himself with the Group of Friends in Defence of the Charter of the United Nations, pointed out that, despite the divergence of views, discussions in the Sixth Committee regarding a dedicated convention on crimes against humanity reflect the issue’s high priority for the international community and should be continued. Highlighting several such points of divergence ‑ including the definition of crimes against humanity, the application of universal jurisdiction, and the relationship between such a convention and domestic law ‑ he recalled a Chinese proverb that said, “sharpening the axe will not delay the task of chopping wood”. Further consideration, therefore, will gradually bridge differences and pave the way for subsequent negotiations. Adding that the Committee’s tradition of consensus must be respected, he noted that some delegations introduced a draft resolution on their own and indicated they were prepared to put it to a vote. This is “not constructive at all,” he said. Also speaking on crimes against humanity were representatives of China, Nigeria, the Netherlands, Tunisia, France, Bolivia, Greece, Türkiye, Pakistan, Indonesia, Israel, Romania and Sri Lanka. The observers for the State of Palestine and the Holy See also spoke.
ALIS LUNGU ( Romania), associating herself with the European Union, said that although crimes against humanity were among the most serious crimes, no dedicated multilateral treaty existed. By contrast, the prevention and punishment of genocide and war crimes were the subjects of widely ratified multilateral treaties, she said. That gap needed to be corrected and a coherent approach needed to be adopted to ensure that no fragmentation occurred, especially with regards to inter-State cooperation and mutual legal assistance, she added. Only in this manner could the overall objective of prevention and punishment of these crimes be effectively attained. Expressing her support for developing the draft articles into a convention, she said that despite delegations’ engagement and interest, discussions in the Sixth Committee have fallen short of a thorough consideration of the Commission’s clear recommendation. Within the existing constraints and practices, Romania has tried to contribute to this process, from various roles and perspectives, she noted. The seventy-seventh session was a new opportunity to agree on establishing a dedicated forum and timeframe which would allow for open substantive exchanges between delegations on the articles and the Commission’s recommendation, she said. The representative of the United States underscored the need for transparency in the internal justice system so that United Nations staff, their representatives and the General Assembly can better understand how the Tribunals are carrying out administrative justice. He also highlighted the importance of the informal system for dispute resolution, which seeks to prevent and resolve staff conflicts before they mature into formal disputes. The representative of Algeria, urging those present to refrain from imposing legal principles that do not enjoy universal approval, expressed regret that the International Law Commission’s draft articles on crimes against humanity do not reflect the current state of international law or international customary practice. While a convention governing such crimes would allow each country to exercise its criminal jurisdiction over crimes against humanity, he noted that core issues remain ambiguous and require further negotiation. WIETEKE ELISABETH CHRISTINA THEEUWEN ( Netherlands), aligning herself with the European Union, underscored that the existent gaps in legislation regarding crimes against humanity only prove the need of establishing a convention. She strongly welcomed the opening of the treaty negotiations, underlining that the ad hoc committee would be an ideal forum for further examination of International Law Commission’s draft articles. She underscored the importance of providing the committee with a clear mandate and timeline for the completion of its work. Turning to the mutual legal assistance initiative, she noted that it is a modern operational framework for the prosecution of crimes, which is supported by 76 States and has similar objectives as the draft articles. However, the instrument broadly differs in its material and scope from the draft articles, as it focuses on creating a detailed modern and comprehensive framework. She underscored that the two projects are complementary and should be further developed in parallel. LOUREEN O. A. SAYEJ, observer for the State of Palestine, voiced her support for the International Law Commission’s recommendation to elaborate a convention, based on its draft articles on crimes against humanity, that reflects well-established principles of customary international law. Such efforts were not merely a legal exercise; rather, they would allow the international community to “put the forces of international law at the service of the protection of humanity when it is most threatened”. Further, this would leave no victim behind and no perpetrator immune and would also prevent the law from being subjected to the whims of political powers. She went on to say that the crimes sought to be codified and punished ‑ extermination, forcible transfer, apartheid, persecution, murder, enslavement, torture and rape ‑ are systematic, widespread, devastating and persistent. They demand immediate action, and the community of nations can neither dismiss this issue nor delay it, she added.PERCEPTION Scott Wolf will be a new face on this season as the ex of Rachel Leigh Cook’s Kate on TNT’s Perception and while his character of Donnie is not necessarily a nice guy, he told me “people tend to associate me with more on the nicer side. So to play people who run against that, it’s really good fun for me.” On that point, the representative of Switzerland highlighted the insufficient use of mediation as an informal dispute-resolution mechanism to resolve workplace conflicts. Emphasizing that mediation must be promoted to a greater extent for all categories of personnel, she also stated that a fair, effective internal system for the administration of justice ‑ accessible to all ‑ lends greater credibility to the Organization’s commitment to equal access to justice and the rule of law. The representative of Malaysia, noting that this is the fourth time the draft articles are before the Sixth Committee, expressed hope that they will be examined prudently to ensure that further work does not overlap with existing regimes but, rather, complements them. She reported that Malaysian criminal law provides for the prosecution of perpetrators of crimes against humanity, and that its international cooperation in this regard is governed by national legislation pertaining to extradition and mutual legal assistance in criminal matters. On that point, the representative of Saudi Arabia expressed concern that the draft articles’ introduction of new definitions might cause confusion, spotlighting the need to standardize terms such as “slavery”, “torture” and “enforced disappearances”. He also noted that certain provisions within the draft articles expand the scope of universal jurisdiction, a principle on which the international community is currently divided. RICCARDA CHRISTIANA CHANDA ( Switzerland), spotlighting the resolution of employment disputes involving non-staff personnel, said it was essential to ensure that effective safeguards were in place and remedies available to all categories of United Nations personnel without distinction. A fair and effective internal administration of the justice system that is accessible to all lends greater credibility to the Organization’s commitment to the right of equal access to justice and the rule of law. She also highlighted the insufficient use of mediation as an informal dispute resolution mechanism as a method for resolving workplace disputes. This should be promoted to a greater extent for all personnel categories, including non-staff personnel. In this regard, she voiced her support for the Secretary‑General’s proposal to set up a pilot project introducing a mandatory discussion about mediation as a first step in conflict resolution.
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