EU Statement – UN General Assembly 6th Committee: 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 Montenegro^* and Bosnia and Herzegovina as well as Monacothemselves with this statement

We thank the Secretary-General for his report on the scope and application of the principle of universal jurisdiction (A/80/274), as well as the Member States that provided additional relevant information since the previous session, offering important elements for our discussion today. 

Mr./Madam Chair,

Our discussion takes place at a distressing time for international justice and accountability. International crimes continue to be committed across multiple regions, causing immense suffering and threatening international peace and security. Faced with these ongoing atrocities, the international community must redouble its efforts to combat impunity. Accountability is not only a matter of justice for victims – it is essential to prevent the repetition of these heinous crimes and to defend lasting peace.

In this context, we reaffirm that universal jurisdiction remains an exceptional but important tool in our collective fight against impunity for core international crimes. While it should be exercised as a subsidiary measure, when territorial states or other more closely connected jurisdictions are unwilling or unable genuinely to prosecute, or the International Criminal Court or other relevant international Courts or Tribunals lack the necessary jurisdiction, universal jurisdiction serves an indispensable function in closing the accountability gap.

We recognize and respect the diversity of views and conditions that exist among States regarding the scope and application of universal jurisdiction. National legal systems differ, and the modalities of exercising universal jurisdiction vary across jurisdictions. This diversity reflects legitimate specificities while demonstrating a shared commitment to ensuring that the gravest crimes do not go unpunished.

Given these differences, it becomes even more important that we focus on areas where we can strengthen our collective capacity, with the twofold goal of – first – limiting the need to resort to universal jurisdiction, and – second –ensure legal certainty in the exercise of universal jurisdiction. 

In that respect, we believe that we should continue to prioritize efforts to harmonize the criminalization of international crimes. This would create a stronger foundation for accountability, regardless of jurisdiction.

Equally important is strengthening international cooperation in all its dimensions. Effective prosecution of international crimes requires robust mechanisms for – inter alia – mutual legal assistance and evidence sharing, coordination of investigations across borders, extradition of suspects, protection of witnesses and victims, sharing of forensic expertise and best practices. In this respect, we welcome the conclusion in 2023 of the Ljubljana-The Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes and other International Crimes, already signed by 40 States. Recently, Latvia was the first State to ratify the Convention.

We reiterate also in this context the importance of the negotiations for a Convention on the Prevention and Punishment of Crimes against Humanity, as an important opportunity to promote further harmonization of national criminal laws and strengthen inter-State cooperation.  

Within the European Union, cooperation with and among the national authorities of the EU Member States is facilitated through Eurojust (The European Union Agency for Criminal Justice Cooperation) and the networks it hosts and supports, such as the Genocide Prosecution Network, the Consultative Forum, and the European Judicial Network. The Genocide Prosecution Network, in particular, facilitates cooperation and coordination among its members and provides a platform for sharing best practices and expertise in the investigation and prosecution of these crimes. We stand ready to continue to share our experiences and support similar regional cooperation mechanisms developing in other regions.

Mr./Madam Chair,

To conclude, the European Union and its Member States remain committed to contribute further to discussions on this topic to advance our shared objective of accountability for the most serious crimes. Universal jurisdiction, while exceptional, remains an important tool in this collective effort.

Thank you.