EU Statement – UN General Assembly: Debate on the International, Impartial and Independent Mechanism (IIIM)

1 April 2022, New York - Statement on behalf of the EU and its Member States delivered by H.E. Ambassador Silvio Gonzato at the UN General Assembly Meeting on Agenda item “Prevention of Armed Conflict” [35a): Debate on the International, Impartial and Independent Mechanism (IIIM)

Mr President,

 

Distinguished delegates,

 

I have the honour to deliver this statement on behalf of the European Union and its Member States.

 

The Candidate Countries Turkey, North Macedonia*, Montenegro* and Albania*, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova, Georgia, Andorra and San Marino, align themselves with this statement.

 

We welcome today's debate on the International, Impartial and Independent Mechanism for Syria (IIIM) . This important exchange underlines the continued principled commitment by the UN member to justice for the most serious crimes committed in Syria.

 

We would like to thank the Head of the Mechanism, Catherine Marchi-Uhel, and her team for the latest report of the IIIM and for their leadership.  We are pleased to see the progress that the Mechanism has made in the reporting period, and the IIIM's continued efforts to engage and coordinate with all stakeholders and its willingness to assist in national investigations.

 

The Mechanism’s eighth report to the General Assembly highlights the progress made in various Member States to hold individuals criminally accountable for atrocities committed in the Syrian context. The report also contains the analyses of the Mechanism regarding unlawful attacks against civilians and civilian objects, detention-related crimes, and crimes by individuals associated with Da’esh. These are all valuable contributions to already existing and possible future legal action.

 

Indeed, prosecutions have been brought and final judgements have been obtained against perpetrators in several EU countries, and these efforts are being pursued in a number of jurisdictions. The Netherlands and Canada are engaged in an important initiative to hold Syria to account for breaching the UN Convention Against Torture. 

 

The EU is convinced that accountability and justice for victims is – and will remain – essential for a stable, peaceful Syria, based on a credible, inclusive and viable political solution in accordance with UN Security Council Resolution 2254.

 

The EU continues to call upon the Security Council to refer the situation in Syria to the International Criminal Court.

 

The EU will remain at the forefront of the fight against impunity in Syria: all those responsible for war crimes or crimes against humanity must be held accountable. The EU will continue to support efforts to gather evidence into these atrocities, regardless of who may have committed them.

 

We will continue to support the International, Impartial and Independent Mechanism as well as the work of the Independent International Commission of Inquiry and the OPWC Investigation and Identification Team, member of the International Partnership against Impunity for the Use of Chemical Weapons,  in order to ensure the facts surrounding the crimes committed in the course of the conflict in Syria, including the fate of missing persons as described in the reports of the IIIM, are documented, with a view to future legal action.   We reiterate our support to the work of NGOs in collecting evidence and supporting victims and their families.

 

It is necessary to ensure justice for the atrocities for which the regime and its supporters bear the main responsibility, including the tragedy of the disappeared.  Attacks on civilians and civilian objects must cease. The Syrian regime must comply with its obligations under the Chemical Weapons convention. It is essential to hold perpetrators of core international crimes committed in Syria accountable. It is crucial that the United Nations dedicates the energy and the resources required to pursue and to ensure accountability for these crimes. This is our common responsibility. We wish to recall last November Arria formula on accountability in Syria, organised by Estonia, which granted Syrian briefers the possibility to share their experiences and experts to provide updates on recent judicial developments.

 

The EU promotes a global order based on the rule of law in which there is no shelter for the perpetrators of the most serious crimes under international law. There cannot be sustainable peace without justice, in Syria or elsewhere. 

 

In March 2011, eleven years ago, Syrians took to the streets to demand democracy and the respect of their human rights and fundamental freedoms, and were met with merciless repression. Since then, the humanitarian situation in Syria has been dire, with millions of civilians in need of assistance.  The EU is determined that the crimes perpetrated in the last eleven years will not go unpunished as the Syrian people deserve justice, dignity, and peace.

 

In closing, allow me to draw your attention to the Sixth Brussels Conference on supporting Syria and the region that the EU will host on 10 May, co-chaired with the United Nations. With the organisation of this new Conference, we will continue our efforts to ensure that neither Syria nor the Syrian people are forgotten.

 

Thank you.

 

* North Macedonia, Montenegro and Albania continue to be part of the Stabilisation and Association Process.