As the Sixth Committee’s (Legal) resumed session on its agenda item “Crimes against humanity” entered its second day, delegates grappled with the challenge of defining such crimes in a way that balances facilitating future development on the one hand and establishing legal certainty on the other — all in service of preventing and punishing some of the most serious international crimes.
As the Sixth Committee (Legal) resumed its session on agenda item, “Crimes against humanity”, delegates debated whether a new convention on such crimes would close gaps in the current international legal framework and if that instrument, based on the draft articles by the International Law Commission, should be inspired by existing texts, including the Rome Statute of the International Criminal Court and international conventions addressing genocide and torture.
Acting on the recommendations of its First Committee (Disarmament and International Security) and Sixth Committee (Legal), the General Assembly today adopted a total of 86 resolutions and 17 decisions on items ranging from the threat posed by nuclear weapons in a deteriorating international security environment to the restoration of confidence in the rule of law as a key element of multilateral and transitional justice.
Concluding its seventy-seventh session today, the Sixth Committee (Legal) upheld its tradition of consensus and approved without a vote 12 draft resolutions, a draft decision and a draft letter, even as some delegates spotlighted the emerging trend of that mechanism’s failure to adequately represent substantive — albeit diverging — discussions in the Committee concerning the future of international law.
After taking action on eight requests for observer status and one draft resolution, the Sixth Committee (Legal) heard oral reports of four Working Groups and took up the “Revitalization of the work of the General Assembly”, with delegates underscoring the paramount importance of consensus in the Committee’s aims and presenting suggestions on improving its work during the upcoming sessions.
Along with taking action on several draft resolutions today, the Sixth Committee (Legal) also took up the report of the Committee on Relations with the Host Country, as many speakers expressed concern that bilateral political considerations have impacted the host country’s discharge of its multilateral duties under the United Nations Headquarters Agreement.
After taking action on requests for observer status in the General Assembly and considering the report “Diplomatic protection”, the Sixth Committee (Legal) took up the “Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization”, with speakers underlining the importance of that Committee and urging that discussions therein can proceed in a technical and legal fashion, free of politicization.
Tackling the topic, “General principles of law”, the Sixth Committee (Legal) concluded its consideration of Cluster 3 of the International Law Commission’s report today — and thereby, its consideration of that report as a whole — as delegates delved into the complexity of achieving consensus on aspects of international law for which little to no uniform State practice exists.
As the Sixth Committee concluded Cluster 2 of the International Law Commission’s report, speakers tackled “Immunity of State officials from foreign criminal jurisdiction”, debating the differentiated application of the immunity ratione personae and ratione materiae in the criminal jurisdiction of foreign States, while also underscoring the need of finding balance between protecting immunity and ensuring accountability for serious crimes.
As part of its annual tradition, the Sixth Committee (Legal) welcomed the President of the International Court of Justice today, who detailed the organ’s working methods designed to persuade States to place their trust in this “world court”.
