The ambassadors were briefed by the President of the United Nations’ highest court, the UN chief of human rights and an Oxford University law professor who advocates the adoption of a prevention and punishment convention crimes against humanity.
A draft developed by International Law Commissionan expert body of the United Nations, currently under consideration by the General Assembly.
“The Court stands ready to decide any dispute in which it will have jurisdiction on the basis of such a convention.”
The ICJ, known as the world court, deals with legal disputes submitted by states to the ICJ and its rulings are binding. However, she said the Court must convince national governments that they have the authority to proceed.
Recognition of ICJ . Jurisdiction
Judge Donoghue, who spoke via videoconference from The Hague, Netherlands, where the Court is based, said the ICJ could review the claims and any counterclaims, if both parties recognize their respective jurisdictions.
In other cases, jurisdiction is limited, such as when provisions in specific international conventions – for example genocide or racial discrimination – are invoked as the basis for jurisdiction. judge.
“Today, as armed conflicts and acts of mass atrocities continue to cause human suffering in various parts of the world, I take this opportunity to remind Member States that the Court can only promote accountability to the extent that Member States allow it to do so,” she said.
Fill the void
The United Nations High Commissioner for Human Rights, Michelle Bachelet, called for strengthening institutional and regulatory frameworks to further strengthen the legal basis for accountability and justice efforts.
Grandma speakspeaking from Geneva.
The relevant treaties, she added, provide a legal basis for accountability that deserves universal compliance and must be ratified by all States.
These include the Statute of Rome, the 1998 treaty establishing International Criminal Court (ICC), which prosecutes war crimes, crimes against humanity and genocide.
Ms. Bachelet encouraged all States to accept the compulsory jurisdiction of the ICC “for the common good of the entire international community”.
UN Security CouncilSupport for independent and objective investigative, justice and accountability efforts is essential, she added, stressing the importance of putting victims at the heart of efforts. this.
“This is not only the right thing to do, to acknowledge the victims these processes have been created for. But it also helps to identify and address the conditions that led to the serious violations in the first place,” she said.
At the same time solve the aggression
For Professor Dapo Akande of the University of Oxford, the adoption of the draft convention “will ensure that the framework for punishing crimes against humanity is set at the same level as for genocide and war crimes”. .
Mr. Akande added that the focus for accountability is incomplete because the fourth international crime – aggression – is often left unsolved.
“In order to improve the regulatory framework regarding accountability for all international crimes, states should consider ratifying amendments to the crime of aggression to allow the ICC to act,” he said. jurisdiction over the supreme international crime.