Sixth Committee (Legal) — 72nd session
The scope and application of the principle of universal jurisdiction (Agenda item 85)
- Authority: resolution 71/149
Documentation
- Reports of the Secretary-General:
A/72/112 | A/71/111 | A/70/125 | A/69/174 | A/68/113 | A/67/116 | A/66/93 + Add.1 | A/65/181
Summary of work
Background (source: A/72/100)
This item was included in the provisional agenda of the sixty-fourth session of the General Assembly, in 2009, at the request of the United Republic of Tanzania on behalf of the Group of African States (A/63/237/Rev.1). The Assembly considered the item at its sixty-fourth to seventy-first sessions (resolutions 64/117, 65/33, 66/103, 67/98, 68/117, 69/124, 70/119 and 71/149).
At its seventy-first session, the General 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 their national legal rules and judicial practice, and requested the Secretary-General to prepare and submit to the Assembly at its seventy-second session a report based on such information and observations. The Assembly decided that the Sixth Committee would continue its consideration of the item, without prejudice to the consideration of the topic and related issues in other forums of the United Nations, and that a working group of the Sixth Committee would be established at the seventy-second session of the Assembly to continue to undertake a thorough discussion of the scope and application of universal jurisdiction. The Assembly 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 (resolution 71/149).
Consideration at the seventy-second session
The Sixth Committee considered the item at its 13th, 14th, 28th and 30th meetings, on 11 and 12 October and on 3 and 10 November 2017 (A/C.6/72/SR.13, 14, 28 and 30).
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-second sessions (A/65/181, A/66/93 and Add.1, A/67/116, A/68/113, A/69/174, A/70/125, A/71/111 and A/72/112).
At its 1st meeting, on 2 October, the Committee established a working group pursuant to General Assembly resolution 71/149 to continue to undertake a thorough discussion of the scope and application of the principle of universal jurisdiction. In its resolution 71/149, 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 12 and 18 October. At its 28th meeting, on 3 November, the Committee heard and took note of the oral report of the Chair of the Working Group (see A/C.6/72/SR.28).
Statements were made by the representatives of the Islamic Republic of Iran (on behalf of the Non-Aligned Movement (NAM)), Algeria (on behalf of the African Group), El Salvador (on behalf of the Community of Latin American and Caribbean States (CELAC)), Trinidad and Tobago (on behalf of the Caribbean Community (CARICOM)), Australia (also on behalf of Canada and New Zealand (CANZ)), Mexico, the Sudan, Singapore, Paraguay, Norway, the Syrian Arab Republic, Slovenia, Burkina Faso, El Salvador, Cuba [in English], Thailand, Uruguay, Togo, Israel, South Africa, Nigeria, Kenya, Bangladesh, Brazil, Senegal, China [in English], Saudi Arabia, the United Kingdom, the United States, Indonesia, Rwanda, Liechtenstein, Czech Republic, India, Estonia, Malaysia, the Democratic Republic of the Congo, Viet Nam, Lebanon, the Islamic Republic of Iran, Morocco, Lesotho, Argentina, the Bolivarian Republic of Venezuela, the observer for the International Committee of the Red Cross (ICRC) and the observer for the Holy See. The representative of the Syrian Arab Republic made a statement in the exercise of the right of reply.
Delegations generally stated that universal jurisdiction was an important principle of international law aimed at combating impunity. Several delegations considered universal jurisdiction to be a well-established principle of international law. It was emphasized that universal jurisdiction is a complementary mechanism to hold perpetrators to account for the most serious crimes under international law. A number of delegations also underlined the exceptional character of universal jurisdiction.
As regards the scope of universal jurisdiction, delegations noted that consensus on the ratione materiae of the crimes subject to the principle of universal jurisdiction had yet to emerge. A number of delegations considered that universal jurisdiction applied to the most serious international crimes and provided various examples of such crimes. Some delegations observed that the principle applied to certain serious crimes under international treaties, while some other delegations noted that customary international law also permitted the exercise of the principle over certain crimes. While some delegations cautioned against the establishment of an exhaustive list of crimes, some others stressed that the crimes to which the principle applied should be identified.
With respect to the application of universal jurisdiction, delegations reaffirmed their concern over potential abuse or manipulation of the principle. Several delegations stressed that the principle must be applied in accordance with the Charter of the United Nations and international legal norms, including the sovereign equality of States, territorial integrity and the non-interference in the internal affairs of States.
On the future consideration of the agenda item, a number of delegations supported continued discussions on this topic within the Sixth Committee and the Working Group. A number of delegations supported the previously advanced proposal that a study from the International Law Commission should be requested on this topic. They suggested that the discussions in the current forum were at an impasse and that a study by the Commission could provide substantive elements for future debates. Other delegations considered that it would be premature at this stage to request the Commission to undertake a study on the topic and encouraged all Member States to be actively engaged in the discussions to identify the scope and limits of application of universal jurisdiction.
Action taken by the Sixth Committee
At the 30th meeting, on 10 November, the representative of Kenya, on behalf of the Bureau, introduced a draft resolution entitled “The scope and application of the principle of universal jurisdiction” (A/C.6/72/L.23). At the same meeting the Committee adopted draft resolution A/C.6/72/L.23 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 27 April 2018, 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 further request the Secretary-General to prepare and submit to the Assembly, at its seventy-third session, a report based on such information and observations. The Assembly would moreover decide that the Sixth Committee shall continue its consideration of the item. For this purpose, a working group would be established at the seventy-third session to continue to undertake a thorough discussion of the scope and application of universal jurisdiction. The Assembly would decide that the Working Group shall be open to all Member States and that relevant observers to the General Assembly will be invited to participate in the work of the Working Group.
Subsequent action taken by the General Assembly
This agenda item will be considered at the seventy-third session (2018).
Full texts of submissions (A/72/112)
| State | Original submission | Translation |
|---|---|---|
| Australia | English | |
| Austria | English | |
| El Salvador | Spanish | English |
| Finland | English | |
| Germany | English | |
| Senegal | French | English |
| Togo | French | English |
| Ukraine | English | |
| Relevant observer | Original submission | Translation |
