Sixth Committee (Legal) — 75th session
The scope and application of the principle of universal jurisdiction (Agenda item 87)
- Authority: resolution 74/192
Additional documents from previous sessions:
- Reports of the Secretary-General:
A/74/144 | A/73/123 + Add.1 | 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
- A/C.6/74/SR.34 | A/C.6/73/SR.33 — Summary records of 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: A/75/100)
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 (A/63/237/Rev.1). The Assembly has had the item on its agenda annually since then (resolutions 64/117, 65/33, 66/103, 67/98, 68/117, 69/124, 70/119, 71/149, 72/120, 73/208 and 74/192).
At its seventy-fourth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 50 delegations (see A/C.6/74/SR.14–17). The Assembly decided to establish, at its seventy-fifth session, a working group of the Sixth Committee to continue to undertake a thorough discussion of the scope and application 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 their national legal rules and judicial practice, and requested the Secretary-General to prepare and submit to the Assembly at its seventy-fifth session a report based on such information and observations (resolution 74/192).
Consideration at the seventy-fifth session
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-fifth 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, A/72/112, A/73/123 and Add.1, A/74/144, and A/75/151).
At its 1st meeting, on 6 October, the Committee established a working group pursuant to General Assembly resolution 74/192 to continue to undertake a thorough discussion of the scope and application of the principle of universal jurisdiction. In its resolution 74/192, 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 30 October and 5 November. At its 17th meeting, on 11 November, the Committee heard and took note of the oral report of the Chair of the Working Group (see A/C.6/75/SR.17).
Statements were made by the representatives of the Islamic Republic of Iran (on behalf of the Non-Aligned Movement (NAM)), South Africa (on behalf of the African Group), Sweden (also on behalf of Denmark, Finland, Iceland and Norway (the Nordic Countries)), Canada (also on behalf of Australia and New Zealand (CANZ)) [in English], Singapore, Syrian Arab Republic, India, the Philippines, Bolivarian Republic of Venezuela, the United States of America, El Salvador, Slovakia, Brazil, Sierra Leone, the Sudan, Czech Republic, South Africa, Malaysia, Israel, Egypt, Cuba [in English], Paraguay, the Russian Federation, Senegal, Burkina Faso, Mexico, Viet Nam, Saudi Arabia, Germany, Cameroon, China, Costa Rica, Slovenia, Algeria, the United Kingdom of Great Britain and Northern Ireland, Zimbabwe, Indonesia, Nigeria, Haiti and Zambia. A statement was also made by the observer for the Holy See.
Delegations generally stated that universal jurisdiction was an important, well-established principle of international law aimed at combating impunity. It was emphasized that universal jurisdiction was a complementary mechanism to hold perpetrators accountable for the most serious crimes under international law, which should be exercised in accordance with the principle of subsidiarity. In that regard, the exceptional character of universal jurisdiction was noted.
As regards 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 war crimes, genocide, crimes against humanity, slavery, torture, and piracy.
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 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 sovereign equality of States, territorial integrity and non-interference in the internal affairs of States was emphasised. A number of delegations further highlighted the need for its application in accordance with the rules on immunities.
On the future consideration of the agenda item, some delegations supported continued discussions within the Sixth Committee and the Working Group, while other delegations expressed their concerns that such discussions were at an impasse. Delegations also 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.
Archived videos and summaries of plenary meetings
Action taken by the Sixth Committee
At the 19th meeting, on 19 November, the representative of Ghana, on behalf of the Bureau, introduced a draft resolution entitled “The scope and application of the principle of universal jurisdiction” (A/C.6/75/L.13). At the same meeting the Committee adopted draft resolution A/C.6/75/L.13 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 30 April 2021, 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-sixth 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 in plenary at the seventy-sixth session. A working group would be established at the seventy-seventh session to continue to undertake a thorough discussion of the scope and application of universal jurisdiction. The General Assembly would decide that the working group shall 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
This agenda item will be considered at the seventy-sixth session (2021).
Full texts of submissions (A/75/151)
|United Kingdom of Great Britain and Northern Ireland||English|
|Relevant observer||Original submission||Translation|
|Council of Europe||English|