Topic: Universal Jurisdiction in Crimes against Humanity
Country: Switzerland
Delegate Name: Austin Pittsley
School: Fishers High School
Topic page: background guide and all position papers All Switzerland position papers GLIMUN 2011 committees
The Swiss Confederation believes that the strengthening of universal jurisdiction and the extension of justice to those who deserve it is of utmost importance. Our commitment to this ideal has been reflected in many ways. Legal measures have been adopted that allows the Swiss Confederation to extend its jurisdiction into areas where traditional jurisdiction may not be effective. [1] In addition, we have contributed much to the United Nations advancement of universal jurisdiction by supporting the creation of the International Criminal Court and participating actively in deliberation between the UN General Assembly Sixth Committee and the International Law Commission. [2]
Article 1 of the Charters of the United Nations states that the purpose of the United Nations is to advance international peace and security, develop respect for the equal rights and self-determination of peoples, encourage respect for universal human rights, address international problems of various character, and facilitate cooperation among Member states to achieve these ends. [3] In accordance with our support for the Charter, the Swiss Confederation believes that impunity in crimes so egregious they are considered in offense to all of humankind is an obstacle to the purposes mentioned before. Article 2 Sections 2 and 6 further instill in the United Nations the task of insuring the purposes of Article 1 are carried out. [4] For these reasons, the Swiss Confederation supports the advancement and empowerment of international courts, such as the ICC, and the principle of universal jurisdiction.
However, there exist barriers to universal jurisdiction that must be addressed. Currently only two-thirds of nations have some form of legislation permitting universal jurisdiction, and in most of these cases, the legislation is incomplete and ineffective. [5] The existence and acceptance of statutes of limitation gives those accused of crimes a way to avoid being duly processed. [6] Ineffective arrest procedures hamper local police forces from apprehending those accused and convicted of crimes. [7] Recognition of amnesties, pardons, and other measures, which extend impunity to those accused of crimes against humanity, impede and defy international laws and universal jurisdiction. [8] The extension of immunities retained by government officials, for the purpose of protection from civil suits or criminal prosecutions under national laws, into international law, where they are not intended to apply and further impede universal jurisdiction. [9] In order to remove the obstructions mentioned above, and thus advance universal jurisdiction, the Swiss Confederation advocates the following changes: encouragement for the improvement of national legislation permitting universal jurisdiction and the effectiveness of domestic police powers to carry out law and discouragement of any statutes of limitation, amnesties, pardons, measures of impunity, and extensions of immunities beyond the national jurisdiction, that interfere with the universal jurisdiction in crimes against humanity.
Bibliography
[1] Switzerland. Federal Department of Foreign Affairs. The Scope and Application of the Principle of Universal Jurisdiction. Web. 8 Nov. 2011. <http://www.eda.admin.ch/etc/medialib/downloads/edazen/topics/intorg/un/redeun/6th.Par.0059.File.tmp/20111011%20e%20Statement_Universal_jurisdiction.pdf>. [2] Switzerland. Federal Department of Foreign Affairs. The United Nations and International Law. Web. 08 Nov. 2011. <http://www.eda.admin.ch/eda/en/home/topics/intorg/un/intlun.html>. [3][4] "Charter of the United Nations: Chapter I: Purposes and Principles." Welcome to the United Nations: It's Your World. United Nations. Web. 07 Nov. 2011. <http://www.un.org/en/documents/charter/chapter1.shtml>. [5][6][7][8][9] Hall, Christopher K. DOCUMENT – UNIVERSAL JURISDICTION: THE CHALLENGES FOR POLICE AND PROSECUTING AUTHORITIES. Rep. Amnesty International. Web. 8 Nov. 2011. <http://www.amnesty.org/en/library/asset/IOR53/007/2007/en/92d0721c-d388-11dd-a329-2f46302a8cc6/ior530072007en.html>.