CYIL 2012

PETR VÁLEK CYIL 3 ȍ2012Ȏ been abused. As these events unfolded in the first half of 2009, this became one of the major challenges for the Czech Presidency of the EU. The first GA resolution on this issue adopted in 2009, coordinated by the Rwandan Legal Advisor, only requested the Secretary-General to prepare a report based on the “information and observations on the scope and application of the principle of universal jurisdiction, including information on the relevant applicable international treaties, their domestic legal rules and judicial practice”. 78 The Czech Republic also contributed to this report with information on its legislation and treaty obligations. 79 The general debate of the Sixth Committee during the 65 th session of the GA in 2010 showed that the majority of delegations – mainly the African and Latin American States – wanted to further discuss this issue within the Sixth Committee in order to clarify it. The Czech Republic, however, believed that this is a legal issue and, after stressing the importance of universal jurisdiction and the necessity to preserve judicial independence, proposed to refer this problem to the ILC. 80 Unfortunately, this idea – voiced also by other States – has not gained sufficient support. At the end, the GA adopted a resolution coordinated by the Legal Advisor of Ghana, whose main purpose was “to establish, at its sixty-sixth session, a working group of the Sixth Committee to undertake a thorough discussion of the scope and application of universal jurisdiction”. 81 The general debate on the scope and application of universal jurisdiction in the Sixth Committee at the 66 th session of the GA did not bring many new elements. Some African States again complained about the alleged abuse of universal jurisdiction against their officials. In this spirit, the AU submitted detailed comments to the second Secretary-General’s Report, which include the following proposal: “The United Nations should establish an international commission on universal jurisdiction as a subsidiary body of the General Assembly to serve as a regulatory 78 Resolution of the GA No. 64/117 of December 16, 2009, UN Doc. A/RES/64/117. 79 The scope and application of the principle of universal jurisdiction, Report of the SG prepared on the basis of comments and observations of Governments, UN Doc. A/65/181. The complete submission of the Czech Republic and other States can be found at the following UN website: http://www.un.org/ en/ga/sixth/65/ScopeAppUniJuri_StatesComments/Czech%20Republic.pdf. 80 Statement by Mr. P. Válek, Legal Adviser of the Czech Mission on Agenda Item 86, The Scope and Application of the Principle of Universal Jurisdiction, October 13, 2010: “…, the principle of universal jurisdiction is also an important tool in preventing impunity, when no other basis for jurisdiction exists. It should not be forgotten that the principle of universal jurisdiction was invoked, e.g., in the case of Adolf Eichmann. The Czech Republic would not support, therefore, any hasty efforts that would aim to restrict this principle, … Regarding the way forward, we would like to stress that the scope and application of the principle of universal jurisdiction is a legal issue, not a political one, even if there could be some political implications. As such, it should be left to the legal bodies. In this respect, the Czech Republic would support the inclusion of this question into the agenda of the International Law Commission. The Commission could clarify, inter alia , to which crimes the principle of universal jurisdiction applies on the basis of customary international law. Although there could be some minor overlap with the current topic of the obligation to extradite or prosecute (aut dedere aut judicare) , we believe that the principle of

universal jurisdiction should be referred to the Commission as a separate item.” 81 Resolution of the GA No. 65/33 of December 6, 2010, UN Doc. A/RES/65/33.

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