Statement of the Permanent Mission of the Dominican Republic to the United Nations

October 11

Mr. Chairman,

I have the honor to speak on behalf of the Community of Latin American and Caribbean States, CELAC.

The agenda item "Scope and application of the principle of universal jurisdiction" was first included in 2010 at the request of the African Union. Our region has been actively involved ever since.

Today, CELAC reiterates the importance we give to this agenda item as a topic that concerns all Member States. Our group stresses once again that the framework for the study and analysis of these matters is established under International Law, raising pertinent issues that guide the work of the Sixth Committee.

In this session, we take note of a seventh report elaborated by the Secretary-General on the item, (document A/71/111, compiling more comments and observations from Governments and Civil Society. This report provides more elements to address within the study of universal jurisdiction in order to determine our future steps.

Moreover, we take into account the consultations pursued by the Working Group established within this Sixth Committee in accordance with General Assembly's Resolution 69/124 of 10 December 2014. CELAC welcomes that the WG is coordinated by a representative of our region.

CELAC recalls that during the 66th session of the General Assembly, the Working Group discussed for the first time, and that the Chair of the working group presented a document entitled "Informal working notes from the Chair of the Working Group" (A/C.6/66/WG.3/1). This document was prepared after wide consultations and was presented in the spirit of contributing to and facilitating the debates on the topic. It contains agreements on the methodology, as well as an enumeration of issues for discussion.

Following the procedure agreed in 2011, the Working Group has discussed thoroughly during its 2012,2013 2014 and 2015 sessions, each of the sections of the roadmap prepared by the Chair: first, the elements of the concept of Universal Jurisdiction, including its role and purpose, its relevant components and the distinction from other related concepts; then, the Scope of Universal Jurisdiction, dedicating several meetings to the possible list of crimes, and finally, the conditions for its application, including procedural aspects and interaction with other concepts of international law.

As a result of our previous efforts, we have been capable of advancing in our dialogue. Thus, the Working Group has explored several points of common understanding, along with others that might need further discussions.

In this regard, CELAC recalls that universal jurisdiction is an institution of International Law of exceptional character for the exercise of Criminal jurisdiction, which serves to fight impunity and strengthen justice. Hence, International Law defines its scope of application and enables States to exercise it.

CELAC finds very productive that, as a result of the discussions within the framework of the Sixth Committee, both during the debate and the working group, as well as with the information provided by States in their reports, several delegations have reiterated their views that Universal Jurisdiction should not be confused with the exercise of International Criminal Jurisdiction, or with the obligation to extradite or prosecute (aut dedere aut iudicare). Thus, an important group of States has clearly indicated the different legal nature of such institutions, notwithstanding their complementarity for the purposes of fighting impunity. This is precisely the understanding that CELAC has on this subject, in accordance with its commitment to International Law and Human Rights, and with the observance of the Rule of Law in the national and international levels.

The Community of Latin-American States and the Caribbean also wishes to recall that during last year's sessions of the working group, we discussed a non-paper prepared by the Chair which, based on previous discussions, proposed preliminary standards for the application of Universal Jurisdiction. CELAC believes that since the inclusion of Universal Jurisdiction as an Agenda Item was requested with the view to establish guidelines for its application, last year's discussion was very relevant, and we expect that further discussion on said informal non paper this session can allow us to startworking on such guidelines. The Group will continue to commit its best efforts to contribute in this regard.

Mr. President, dear colleagues,

There are some agenda items on which we can still make substantial contributions during the next few weeks as the General Assembly Legal Committee. Universal jurisdiction is one of those. Even though after five years we still cannot predict the final outcome that the Working Group might reach, we do believe it is time to build of our very fruitful discussions and move one step forward. To start working of the standards for the application of Universal Jurisdiction would be a way of making good use of the mandate of the working group. Let's not miss this opportunity.

Furthermore, if no advances can be reached in these upcoming meetings of the working group, CELAC believes it might be time to seriously discuss the possibility, as mentioned in previous CELAC statements, of requesting the International Law Commission to study some or all of the elements of this topic,

I thank you, Mr. Chairman.