Topic: Universal Jurisdiction in Crimes against Humanity
Country: Netherlands
Delegate Name: Edie Jiang
School: Forest Hills Northern High School
Topic page: background guide and all position papers All Netherlands position papers GLIMUN 2011 committees
The United Nations has been working on handling criminals acting against humanity and crimes so abominable that they must be brought under universal jurisdiction for a long time. The International Criminal Court has been established as a permanent tribunal in efforts to solve this problem, and has long since been trying criminals too reprehensible to be under one country’s responsibility. The development of the I.C.C was considered a real breakthrough on the issue of universal jurisdiction, considering that crimes against humanity that that country has proven unwilling or genuinely unable to investigate or prosecute will finally face justice. The question then becomes whether or not the lawfulness of universal jurisdiction pertains to states that will not recognize the I.C.C., and still remains a major obstacle to achieving the full implementation of universal jurisdiction.
The Kingdom of the Netherlands fully supports the practice of universal jurisdiction, with the I.C.C. actually having its official seat in The Hague, Netherlands, although its proceedings may take place elsewhere. Dutch courts have the power to exercise universal jurisdiction over the most heinous crimes, given that the country recognize that the I.C.C. does in fact hold the power of universal jurisdiction. As such, the Netherlands believes that to such criminals must be dealt with so that they no longer place a threat to the international community, which could even mean overstepping the sovereignty of the territorial state.
It is the firm belief of the Netherlands that universal jurisdiction in cases of crimes against humanity should be mandated by all Member States of the United Nations, as that would be the system to procure the least chance of a criminal being exempted from punishment. The Netherlands holds that the existing establishment of international law and dispute settling mechanisms are adequate in allowing further disputes over universal jurisdiction to be resolved.
The Netherlands wishes to continue working with the European Union to intervene in the face of crimes against humanity, as both the national state and association acknowledge the importance of legal action under such crimes. The member states of the E.U. have displayed a willingness to achieve the fulfillment and further practice of universal jurisdiction, and the Netherlands plans on continuing joint work with the E.U. toward the progress of universal jurisdiction.
