Topic: Universal Jurisdiction in Crimes against Humanity
Country: Egypt
Delegate Name: Ryan Kerr
School: Forest Hills Eastern High School
Topic page: background guide and all position papers All Egypt position papers GLIMUN 2011 committees
The Arab Republic of Egypt is setting an example in the fight against crimes against humanity with their revolution in January, 2011. Egypt believes the primary concern for investigating and prosecuting these crimes rest with the state in which they occurred. If an accused perpetrator travels out of that nation, then Universal Jurisdiction can be applied to ensure justice is carried out. Currently, jurisdiction is far too ambiguous; to ensure international justice, while maintaining cordial inter-state relations, the scope and limits of Universal Jurisdiction need to be more clearly defined. Under the current use of jurisdiction there are no provisions that practically avoid any selectivity, double standards, or politicization, in application of the principle. Debates have emerged supporting a variety of views on the existence and degree of Universal Jurisdiction, but no unifying interpretation of the principle exists; that’s Egypt’s goal. Now, in this formative period for the Middle-East, persistent commitment to the Roman Statute and the protection of human rights are more important than ever. In May, we took in active part in the regional conference on the International Criminal Court (ICC) in Qatar in May of 2011, where the framework and workings of the ICC were explained. Since the conference, we have continued to constructively converse with the ICC to encourage its activity as a non-State party. In accordance with Article 16 of the Roman Statute, Egypt is calling to defer the ICC’s work in the Sudan and Kenya to begin investigating crimes against humanity in Palestine.
Egypt is currently prosecuting our former-President, Hosni Mubarak, for allegedly causing the death of some 300 protesters. Our trial can serve as an example of a nation investigating and enforcing justice on our own. Furthermore, we find it key to specifically define the scope of universal jurisdiction; preferably, ensuring no impunity of criminal acts by the perpetrator simply leaving the physical boundaries of the State where the crime occurred. When defining Universal Jurisdiction, we also find it important to ensure there are provisions to avoid any abuse, selectivity, double standards or politicization in application of the principle.
Our allies are other nations who understand the importance of following international law and see a need to better define the currently broad and varying application of Universal Jurisdiction. Nations such as Iran, Kenya, Chile, Qatar(speaking for the Arab group), Brazil, China, the Russian Federation, and the Sudan, all call for the preservation of international law when dealing with Universal Jurisdiction to ensure the principle isn’t misused (especially in regards to political motives and double standards). These nations all support justice, but mostly at a national level. The United States also understands a need to establish a scope for jurisdiction to retain an appropriate manner.
Nations such as Australia, New Zealand, Canada, and Switzerland, also stress the importance of immunity, but they do not stress enough the importance of preserving international law in keeping cordial relations between nations. This lack of emphasis on the limits of jurisdiction will lead to continued abuse of the, ideologically good, principle. Kenyan representative, Macharia Kamau (speaking on behalf of the African group), expressed concern for such abuse by non-African States. “He said he recalled the view expressed by the International Court of Justice emphasizing that the ‘cardinal principle of the immunity of heads of States should not be put to question or re-examined’” (Principle).
Work Cited
"Principle of ‘Universal Jurisdiction’ Again Divides Assembly’s Legal Committee Delegates; Further Guidance Sought from International Law Commission." Welcome to the United Nations: It's Your World. 12 Oct. 2011. Web. 09 Nov. 2011. <http://www.un.org/News/Press/docs/2011/gal3415.doc.htm>.
