Topic: Universal Jurisdiction in Crimes against Humanity
Country: Canada
Delegate Name: Caroline Sawatzki
School: Saginaw Arts and Sciences Academy
Topic page: background guide and all position papers All Canada position papers GLIMUN 2011 committees
As Lloyd Axworthy, Minister of Foreign Affairs stated in a UN press release pertaining to the establishment of an International Criminal Court, “Without justice, there is no reconciliation, and without reconciliation, no peace.” According to Canada’s Crimes against Humanity and War Crimes Act, Any person who commits genocide, a crime against humanity, or a war crime is guilty of an indictable offense.
The Dominion of Canada believes that crimes against humanity are absolutely inexcusable and must be dealt with, if not within a nation, through the International Criminal Court. Canada is supportive of, and has ratified the Rome Statute of the International Criminal Court and believes that, in maintaining an effective international court, many potentially devastating infringements of international humanitarian law can be avoided. However, it is important that no people are left to suffer or are killed as a result of unwillingness on the behalf of their government to assign repercussions to perpetrators of crimes against humanity, genocide or war crimes (as defined within the Crimes against Humanity and War Crimes Act, Offenses within Canada, subsection 3). While it is important to be mindful of national sovereignty in all cases, instances in which human life is at risk require special assessment and urgent response from the international community.
Utilizing the International Criminal Court to determine the consequences for criminals as well as derelict governments will ensure that justice is served properly. Working together as a collective group of nations to ensure adequate representation of varying ideals, as well as including Non-Governmental Organizations within the court ensures that the court will remain impartial and just. It is to be understood that the court would have inherent jurisdiction over such crimes, maintaining an unquestionable impartiality through its strong relationship with the United Nations. Through this court, just rulings may be made in cases where government is reluctant to impose sanctions on criminals. While governments in the process of apprehending or persecuting a criminal deserve a right to temporary secrecy for the purposes of uncompromised completion of the process of arrest and sentencing, it is the responsibility of each nation to report crimes against humanity to the international community. Nations which display gross inaction in response to the occurrence of crimes against humanity, or display a reaction which appears indolent to the international community can forfeit the opportunity to deal with the perpetrators of crimes against humanity within the nation, may be considered negligent in their protective duties to their populations, and will be dealt with accordingly through the established court system.
Canada would like to work with nations to creatively and innovatively foster their participation not only in signing, ratifying, and adhering to the Rome Statute of the International Criminal Court, but also in attaining their support and participation within the Court itself. Canada strongly believes in the ability of nations to work through differences to reach a consensus concerning legal standards for universal jurisdiction on crimes against humanity, and is willing to attempt to foster such an agreement within reasonable means.
