Sixth Committee (Legal) — 77th session
The scope and application of the principle of universal jurisdiction (Agenda item 85)
- Authority:
Documentation
- — Report of the Secretary-General
- — Draft resolution
Additional documents from previous sessions:
- Reports of the Secretary-General:
| | | + | | | | | | | + | - | | — Summary records of the 17th meeting (11 November 2020), the 34th meeting (11 November 2019) and the 33rd meeting (5 November 2018)
- A/C.6/66/WG.3/1 — Informal Working Paper
- A/C.6/66/WG.3/DP.1 — Informal paper of the Working Group: Non-paper by Chile
- Informal Working Paper (Annex)
Summary of work
Background (source: )
The item entitled “The scope and application of the principle of universal jurisdiction” was included in the agenda of the sixty-fourth session of the General Assembly at the request of the United Republic of Tanzania on behalf of the Group of African States (). The Assembly has had the item on its agenda annually since then (resolutions , , , , , , , , , , , and ).
At its seventy-sixth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 50 delegations (see and ). The Assembly decided to establish, at its seventy-seventh session, a working group of the Sixth Committee to continue to undertake a thorough discussion of the scope and application of universal jurisdiction and invited the working group to consider and comment on the question “what should be the role and purpose of universal jurisdiction”. The Assembly also decided that the working group would be open to all Member States and that relevant observers to the Assembly would be invited to participate in the work of the working group. The Assembly invited Member States and relevant observers, as appropriate, to submit information and observations on the scope and application of universal jurisdiction, including, where appropriate, information on the relevant applicable international treaties and on their national legal rules and judicial practice, and requested the Secretary-General to prepare and submit to the Assembly at its seventy-seventh session a report based on such information and observations (resolution ).
Consideration at the seventy-seventh session
The Sixth Committee considered the item at its 12th, 13th, 35th and 36th meetings, on 12 and 13 October and on 10 and 18 November 2022 (, , and ).
For its consideration of the item, the Committee had before it the reports of the Secretary-General submitted to the General Assembly at its sixty-fifth to seventy-seventh sessions (, + , , , , , , , + , , , and ).
At its 1st meeting, on 3 October, the Committee established a working group pursuant to General Assembly?resolution 76/118?to continue to undertake a thorough discussion of the scope and application of the principle of universal jurisdiction. In its , the Assembly decided that the Working Group should be open to all Member States and that relevant observers to the Assembly would be invited to participate in its work. The Working Group held two meetings, on 14 and 21?October. Pursuant to resolution 76/118, the Working Group focused its work on the question “what should be the role and purpose of universal jurisdiction.” At its 35th meeting, on 10 November, the Committee heard and took note of the oral report of the Chair of the Working Group (see A/C.6/77/SR.35).
Statements were made by the representatives of the Islamic Republic of Iran?(on behalf of the Non-Aligned Movement), the?European Union?(also on behalf of its Member States (the Candidate Countries Serbia, Albania, Ukraine and the Republic of Moldova, as well as Georgia, aligned themselves with the statement)),?Sweden?(on behalf of Denmark, Finland, Iceland, Norway and Sweden),?Australia?(on behalf of Canada, Australia and New Zealand (CANZ)),?Singapore,?Jordan, Colombia, Pakistan, Liechtenstein, the?United States of America,?Mexico,?Germany,?Egypt,?El Salvador, China,?Brazil,?Slovakia, the?Czech Republic,?Cuba,?Sierra Leone,?Slovenia,?Saudi Arabia,?Cameroon, the?United Kingdom of Great Britain and Northern Ireland, the?Russian Federation,?Burkina Faso,?Sri Lanka,?India,?Myanmar,?South Africa,?Senegal, Ethiopia,?Venezuela (Bolivarian Republic of), the?United Arab Emirates, the?Republic of Korea, the?Netherlands, Morocco?(on behalf of the African Group), Algeria, Chile, Argentina,?Lesotho, the?Sudan, the?Syrian Arab Republic,?Zambia, Morocco,?罢ü谤办颈测别,?Dominican Republic,?Iran (Islamic Republic of),?Indonesia, Zimbabwe and Mali.? Statements were also made by the observers for the State of Palestine?and the?International Committee of the Red Cross (ICRC).?
Delegations stated that universal jurisdiction was an important, well-established principle of international law aimed at combating impunity. It was highlighted that the principle served as a jurisdictional basis to hold perpetrators accountable for the most serious crimes under international law. A number of delegations stated that universal jurisdiction should be exercised in exceptional circumstances and in accordance with the principle of subsidiarity. Several delegations emphasized that the principle should only apply when the territorial or the nationality State was “unwilling or unable” to investigate and/or prosecute the alleged offender. Some delegations noted that universal jurisdiction was an important factor in deterrence.
On the scope of universal jurisdiction, a number of delegations considered that universal jurisdiction applied to the most serious crimes under international law and provided various examples of such crimes, including genocide, war crimes, crimes against humanity, slavery, torture, piracy, apartheid, terrorism and aggression, even though there remained divergences as to which crimes in particular, with some suggesting only piracy was a classic example under customary international law.
With respect to the application of universal jurisdiction, a number of delegations reaffirmed their concerns over the uncertain scope of the principle and its potential for abuse or misuse. Several delegations stressed that the principle must be applied in accordance with the Charter of the United?Nations and international law. The importance of applying the principle respecting the sovereign equality of States, the territorial integrity of States, political independence and non-interference in the internal affairs of States, as well as the immunity of States officials was emphasised. A number of delegations further highlighted the need for its application to be in accordance with principles of criminal law, such as the right to a fair trial, due process and the avoidance of double jeopardy. While some delegations provided information on their national legislation on universal jurisdiction, spelling out the crimes to which it applied and the conditions for its application, several delegations also urged States to incorporate universal jurisdiction into their national legislation.
On the future consideration of the agenda item, while several delegations supported continued discussions within the Sixth Committee and its Working Group, others stated that the discussions within the Sixth Committee were at an impasse, noting the lack of progress. Delegations shared diverging views on the decision taken by the International Law Commission to include the topic “Universal criminal jurisdiction” in its long-term programme of work. While some delegations favoured consideration of the legal aspects of the topic by the Commission, other delegations reiterated their view that it would be premature and counterproductive at this stage for the Commission to undertake such a study. Several delegations suggested to revitalize the work of the Sixth Committee through the issuance of a report of the Secretary-General which would review previous reports on the subject, identifying challenges, and points of concordance and divergence, as to its scope and application.
Archived videos and summaries of plenary meetings
(12 October 2022, 10:00am – 1:00pm) | Summary
(13 October 2022, 10:00am – 1:00pm) | Summary
(10 November 2022, 10:00am – 1:00pm) | Summary
(18 November 2022, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 36th meeting, on 18 November, the representative of Mauritius, on behalf of the Bureau, introduced a draft resolution entitled “The scope and application of the principle of universal jurisdiction” (). At the same meeting the Committee adopted draft resolution without a vote.
Under the terms of the draft resolution, the General Assembly would invite Member States and relevant observers, as appropriate, to submit, before 28 April 2023, information and observations on the scope and application of universal jurisdiction, including, where appropriate, information on the relevant applicable international treaties, their national legal rules and judicial practice. The Assembly would request the Secretary-General to prepare and submit to the Assembly, at its seventy-eighth session, a report based on such information and observations, and would further request the Secretary-General to submit a report to the Assembly, at its seventy-ninth session, reviewing all the submissions of Member States and relevant observers, as well as views expressed in the debates of the Sixth Committee, since the sixty-second session of the Assembly and identifying possible convergences and divergences on the definition, scope and application of universal jurisdiction for the consideration of the Committee. The Assembly would moreover decide that the Sixth Committee would continue its consideration of the item in plenary at the seventy-eighth session. A working group would be established at the seventy-ninth session to continue to undertake a thorough discussion of the scope and application of universal jurisdiction. The General Assembly would also invite the said working group to consider and comment on the question “on the relevant elements of a working concept of universal jurisdiction”. The General Assembly would decide that the working group would be open to all Member States and that relevant observers to the Assembly will be invited to participate in the work of the working group.
Subsequent action taken by the General Assembly
- Report of the Sixth Committee:
- GA resolution:
This agenda item will be considered at the?seventy-eighth session?(2023).
Full texts of submissions ()
| State | Original submission | Translation |
|---|---|---|
| Argentina | Spanish | English |
| Armenia | English | |
| Azerbaijan | English | |
| Bahrain | Arabic | English |
| Brazil | English | |
| Burkina Faso | French | English |
| Colombia | Spanish | English |
| Costa Rica | Spanish | English |
| El Salvadore | Spanish | English |
| Germany | English | |
| Italy | English | |
| Malaysia | English | |
| Morocco | Arabic | English |
| New Zealand | English | |
| Oman | Arabic | English |
| Republic of Korea | English | |
| Togo | French | English |
