EU Statement – United Nations 6th Committee: the Principle of Universal Jurisdiction

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Thank you, Mr./Madam Chair,

I have the honour to speak on behalf of the European Union and its Member States.

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

Mr./Madam Chair,

The European Union and its Member States welcome the discussion on the topic of the scope and application of the principle of universal jurisdiction.

The European Union and its Member States are strong supporters of the principle that the most serious crimes of concern to the international community as a whole must not go unpunished. Ensuring justice for such crimes is not only an important value in itself, but it also brings relief to victims, which decreases the desire for revenge. Furthermore, the fight against impunity contributes to preventing possible future conflicts.

We note the opinion that the crime of genocide, crimes against humanity and certain war crimes are subject to the principle of universal jurisdiction. However, the views and practices of individual States concerning the scope and application of the principle of universal jurisdiction vary widely.

We emphasise that the primary responsibility to investigate a crime and prosecute its perpetrators lies with the State or States with a direct link to the crime perpetrated. However, universal criminal jurisdiction enables a State to prosecute perpetrators of the most serious international crimes regardless of where the crimes may have been committed or of the nationality of the perpetrators and the victims.

The European Union also stresses the importance of the principle of aut dedere aut judicare under treaty law. Mounting practice of national prosecutions under universal jurisdiction underlines the significance of this principle. This principle has been confirmed, with reference to a treaty law basis, by the 2012 judgment of the International Court of Justice in the case of Belgium v. Senegal.

Effective investigation and prosecution of international crimes at national level depends to a high degree on close cooperation between the relevant national authorities. To this end, the European Union has set up a European network for investigation and prosecution of genocide, crimes against humanity and war crimes (“Genocide Network”).

In addition, in accordance with Council Decision 2003/335/JHA of 8 May 2003 on the investigation and prosecution of genocide, crimes against humanity and war crimes,  EU Member States are obliged to take all necessary measures to inform law enforcement authorities of the presence of alleged perpetrators and to ensure the exchange of information between national law enforcement and immigration authorities. This is to increase cooperation between the national authorities of EU Member States, and thus to maximise the ability of law enforcement authorities in different Member States to cooperate effectively in the field of investigation and prosecution of alleged perpetrators of serious international crimes.

In concluding, the European Union and its Member States reiterate their interest in the discussions on this topic and their readiness to contribute further to its consideration.

I thank you, Mr./Madam Chair.

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