Sixth Committee (Legal) — 79th session
The scope and application of the principle of universal jurisdiction (Agenda item 85)
- Authority: resolution 78/113
- List of speakers
- List of crimes mentioned in the comments by Governments concerning which universal jurisdiction (including other bases of jurisdiction) is established under their national legislation
- Member States and relevant observers that have submitted written information and observations and/or made statements in plenary meetings of the Sixth Committee
- Oral report of the Chair of the Working Group
Documentation
- A/79/269 — Report of the Secretary-General
- A/C.6/79/L.15 — Draft resolution
Additional documents from previous sessions:
- Reports of the Secretary-General:
A/78/130 | A/77/186 | A/76/203 | A/75/151 | 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.6/77/SR.35, A/C.6/75/SR.17 | A/C.6/74/SR.34 | A/C.6/73/SR.33 — Summary records of the 35th meeting (10 November 2022), the 17th meeting (11 November 2020), 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/79/100)
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, 74/192, 75/142, 76/118, 77/111 and 78/113).
At its seventy-eighth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 59 delegations (see A/C.6/78/SR.12–13). The Assembly reiterated its decision to establish, at its seventy-ninth session, a working group of the Sixth Committee to continue to undertake a thorough discussion of the scope and application of universal jurisdiction and invited the working group to consider and comment on the question “on the relevant elements of a working concept 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 on their national legal rules and judicial practice, and requested the Secretary-General to submit a report to the Assembly at its seventy-ninth session reviewing all the submissions of Member States and relevant observers, as well as views expressed in the debates of the Sixth Committee, since the sixty-second session of the Assembly and identifying possible convergences and divergences on the definition, scope and application of universal jurisdiction for the consideration of the Sixth Committee (resolution 78/113).
Consideration at the seventy-ninth session
The Sixth Committee considered the item at its 14th, 15th, 37th and 38th meetings , on 15 and 16 October and on 8 and 22 November 2024 (A/C.6/79/SR.14, 15, 37 and 38).
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-ninth sessions (A/65/181, A/66/93 + Add.1, A/67/116, A/68/113, A/69/174, A/70/125, A/71/111, A/72/112, A/73/123 + Add.1, A/74/144, A/75/151, A/76/203, A/77/186, A/78/130 and A/79/269).
At its 1st meeting, on 2 October, the Committee established a working group pursuant to General Assembly resolution 78/113 to continue to undertake a thorough discussion of the scope and application of the principle of universal jurisdiction. In its resolution 78/113, 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 31 October and 5 November 2024. Pursuant to resolution 78/113, the Working Group focused its work on the question “on the relevant elements of a working concept of universal jurisdiction”. At its 37th meeting, on 8 November, the Committee heard and took note of the oral report of the Chair of the Working Group (see A/C.6/79/SR.37).
Statements were made by the representatives of the Islamic Republic of Iran (on behalf of the Non-Aligned Movement), Uganda (on behalf of the African Group), the European Union (also on behalf its member States (the candidate countries North Macedonia, Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova, Bosnia and Herzegovina and Georgia, as well as Monaco, aligned themselves with the statement)), Sweden (on behalf of the Nordic countries (Denmark, Finland, Iceland, Sweden and Norway)), New Zealand (on behalf of Canada, Australia and New Zealand (CANZ)), Lithuania (on behalf of three Baltic States (Estonia, Latvia and Lithuania)), Austria (on behalf of S3 (Austria, the Czech Republic and Slovakia), Brazil, Slovenia, Rwanda, Germany, Cuba, Singapore, Israel, the Kingdom of the Netherlands, Iraq, Sierra Leone, the Philippines, the United States of America and France, the observer of the Observer State of Palestine and the representatives of Mexico, Egypt, Equatorial Guinea, Saudi Arabia, Nigeria, the United Kingdom of Great Britain and Northern Ireland, Ireland, Indonesia, Eritrea, Sri Lanka, Morocco, Cameroon, Burkina Faso, the Islamic Republic of Iran, Senegal, the United Arab Emirates, India, Côte d’Ivoire, China, Togo, the Russian Federation, Argentina, Costa Rica, Pakistan, Ethiopia, the Bolivarian Republic of Venezuela, the Syrian Arab Republic, Guinea, Mozambique, Myanmar, Algeria, Viet Nam, Congo and Kenya.
A statement were also made by the observer of the International Committee of the Red Cross.
The representatives of the Syrian Arab Republic and the Russian Federation spoke in the exercise of the right of reply.
Delegations generally reiterated the importance of universal jurisdiction as a principle of international law aimed at combating impunity and holding perpetrators accountable for the most serious crimes under international law. At the same time, concerns were raised regarding the potential misuse or abuse of the principle and the need for its application to be consistent with international law and the principles of the Charter of the United Nations.
On the scope of the principle, several delegations considered that universal jurisdiction applied to the most serious crimes under international law and provided various examples of such crimes, including genocide, war crimes, crimes against humanity, slavery, torture, piracy, apartheid, terrorism and aggression, even though there remained divergences as to which crimes in particular would be subject to the principle. Some delegations stated that only piracy was subject to universal jurisdiction under international law.
With respect to the application of universal jurisdiction, several delegations stated that universal jurisdiction should be exercised in exceptional circumstances and in accordance with the principle of subsidiarity. It was underscored that the focus of the discussion should be on the limitations in the application of the principle. The principle of subsidiarity was frequently mentioned as a safeguard against potential misuse of universal jurisdiction. Some delegations emphasized that the principle should only apply when the territorial or the nationality State was “unwilling or unable” to investigate and/or prosecute the alleged offender. A view was expressed that universal jurisdiction should be understood as the assertion of criminal jurisdiction by a State when the only link to the crime was the presence of the alleged offender in its territory.
Several delegations stressed that the principle must be applied in accordance with the Charter of the United Nations and international law. Thus, the importance of applying the principle respecting the sovereign equality of States, territorial integrity, political independence and non-interference in the internal affairs of States, as well as the immunity of State officials, was emphasized. A number of delegations highlighted the need for its application to be in accordance with principles of criminal law, such as the right to a fair trial, due process and the avoidance of double jeopardy. Some delegations stressed that universal jurisdiction could only be exercised when the alleged offender was present in the territory of the State exercising universal jurisdiction. Other delegations provided information on their national legislation on universal jurisdiction, spelling out the crimes to which it applied and the conditions for its application. Some delegations urged States to incorporate universal jurisdiction into their national legislation.
Delegations welcomed the report of the Secretary-General identifying possible areas of convergence and divergence in the scope and application of universal jurisdiction as a useful tool for advancing the debate on the topic. On the future consideration of the agenda item, while several delegations supported continued discussions within the Sixth Committee and its Working Group, others stated that the discussions within the Sixth Committee were at an impasse, noting the lack of progress over the past few sessions of the General Assembly. Some delegations favoured a study of the legal aspects of the topic by the International Law Commission, while others 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
14th meeting (15 October 2024, 3:00pm – 6:00pm) | Summary
15th meeting (16 October 2024, 3:00pm – 6:00pm) | Summary
37th meeting (8 November 2024, 10:00am – 1:00pm) | Summary
38th meeting (22 November 2024, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 38th meeting, on 22 November, the representative of Mauritius, on behalf of the Bureau, introduced a draft resolution entitled “The scope and application of the principle of universal jurisdiction” (A/C.6/79/L.15). At the same meeting the Committee adopted draft resolution A/C.6/79/L.15 without a vote. The representative of Czechia (on behalf of Austria, Slovakia and Czechia (S3)), spoke in explanation of position after the adoption of the draft resolution.
Under the terms of the draft resolution, the General Assembly would invite Member States and relevant observers, as appropriate, to submit, before 25 April 2025, 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 request the Secretary-General to prepare and submit to the Assembly, at its eightieth session, a report based on such information and observations. The Assembly would moreover decide that the Sixth Committee would continue its consideration of the item in plenary at the eightieth session. A working group would be established at the eighty-first session to continue to undertake a thorough discussion of the scope and application of universal jurisdiction. The General Assembly would also invite the said working group to consider and comment on the question “how the principle of universal jurisdiction is distinct from other related concepts”. The General Assembly would decide that the working group would 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 eightieth session (2025).
Full texts of submissions (A/79/269)
| State | Original submission | Translation |
|---|---|---|
| Austria | English | |
| Egypt | English | |
| Greece | English | |
| Iran (Islamic Republic of) | English | |
| Lithuania | English | |
| Morocco | Arabic | English |
| Panama | Spanish | English |
| Peru | Spanish | English |
| Qatar | Arabic | English |
| Spain | Spanish | English |
| Thailand | English | |
| United States of America | English | |
| Observer | Original submission | Translation |
| ICRC | English | |
| IMO | English | |
| OPCW | English | |
