UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

Similar documents
INTERNATIONAL LAW COMMISSION Sixty-eighth session Geneva, 2 May 10 June and 4 July 12 August 2016 Check against delivery

Statement by Mr Narinder Singh, Chairperson of the International Law Commission, (Strasbourg, 24 March 2015)

A/CN.4/SR Contents

Crimes against humanity (continued) Organization of the work of the session (agenda item 1) (continued)

REPORT ON MATTERS RELATED TO THE WORK OF THE INTERNATIONAL LAW COMMISSION AT IT SIXTY- NINTH SESSION

Volume II. ARTICLE 13(1)(a)

CED/C/NLD/1. International Convention for the Protection of All Persons from Enforced Disappearance

Argentina, Australia, Japan, Netherlands, South Africa and United Kingdom of Great Britain and Northern Ireland: draft resolution

A/55/221. General Assembly. United Nations. Cooperation between the United Nations and the Asian- African Legal Consultative Committee

INTERNATIONAL LAW COMMISSION Sixty-seventh session Geneva, 4 May 5 June and 6 July 7 August 2015 Check against delivery

Conference of the Parties to the United Nations Convention against Transnational Organized Crime

INTERNATIONAL LAW COMMISSION Seventieth session New York, 30 April 1 June, and Geneva, 2 July 10 August 2018

11240/18 ADE/ca 1 JUR.3

Resolution adopted by the Human Rights Council on 22 June 2017

Report of the Special Rapporteur on the situation of human rights in the Democratic People s Republic of Korea

INTERNATIONAL LAW COMMISSION Sixty-eighth session Geneva, 2 May 10 June and 4 July 12 August 2016 Check against delivery

Translated from Spanish 7-1-SG/35

A/CN.4/SR Contents

Explanatory Report to the Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms

The Expulsion of Aliens and Other Topics: The Sixty-Fourth Session of the International Law Commission

Responsibility of international organizations. Statement of the Chairman of the Drafting Committee Mr. Pedro Comissário Alfonso.

A/CN.4/SR Contents

General Assembly. United Nations A/C.3/67/L.36. Extrajudicial, summary or arbitrary executions * * Distr.: Limited 9 November 2012

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/66/456)]

DECISION OF THE COMMISSION

Concluding observations on the report submitted by Senegal under article 29 (1) of the Convention*

Identification of customary international law Statement of the Chair of the Drafting Committee Mr. Charles Chernor Jalloh.

Human Rights Council. Protection of human rights and fundamental freedoms while countering terrorism

Resolution adopted by the General Assembly. [without reference to a Main Committee (A/61/L.45 and Add.1)]

ILC The Environment in Armed Conflicts Draft Principles by Stavros-Evdokimos Pantazopoulos*

A/CN.4/SR Contents

Chapter VI Identification of customary international law

Resolution adopted by the General Assembly on 7 December [on the report of the First Committee (A/70/460)]

SETTLEMENT OF DISPUTES CLAUSES. [Agenda item 15] Note by the Secretariat

Resolution adopted by the General Assembly on 2 December [on the report of the Sixth Committee (A/59/508)]

Draft articles on the Representation of States in their Relations with International Organizations with commentaries 1971

CO3/09/2004/ext/CN. COM (2004) 503 final. Introduction

A/CN.4/SR Contents

[without reference to a Main Committee (A/62/L.38 and Add.1)]

Resolution adopted by the General Assembly. [without reference to a Main Committee (A/63/L.48 and Add.1)]

NINTH MEETING OF THE EU-JORDAN ASSOCIATION COUNCIL (Brussels, 26 October 2010) Statement by the European Union P R E S S

[This is a scanned document. We apologize for any errors created during the scanning process- CICC]

Subsequent agreements and subsequent practice in relation to the interpretation of treaties. Statement of the Chair of the Drafting Committee

REPORT ON MATTERS RELATING TO THE WORK OF THE INTERNATIONAL LAW COMMISSION AT ITS SIXTY-EIGHTH SESSION

Protection of Persons in the Event of Disasters

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/65/456/Add.2 (Part II))]

Situation of women and girls in Afghanistan

Committee on the Rights of the Child - Working Methods

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/69/488/Add.2 and Corr.1)]

26/21 Promotion of the right of migrants to the enjoyment of the highest attainable standard of physical and mental health

Resolution adopted by the General Assembly. [on the report of the Fifth Committee (A/59/448/Add.2)]

Resolution ICC-ASP/11/Res.8

Explanatory Report to the European Convention on the Suppression of Terrorism

United Nations Educational, Scientific and Cultural Organization Executive Board

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/69/489)]

Northern Ireland Modern Slavery Strategy 2018/19

INTERNATIONAL LAW COMMISSION Sixty-seventh session Geneva, 4 May 5 June and 6 July 7 August 2015 Check against delivery

IV. CZECH PRACTICE OF INTERNATIONAL LAW

European Union UNITED NATIONS HUMAN RIGHTS COUNCIL. Open-ended intergovernmental working group on transnational corporations

THE EDUCATIONAL INSTITUTE OF SCOTLAND. Religious Observance in Schools (RO): Scottish Government consultation on changes to the guidance

Resolution adopted by the General Assembly on 2 April [on the report of the Fifth Committee (A/69/422/Add.2)]

Translated from Spanish Mexico City, 31 January Contribution of Mexico to the work of the International Law Commission on the topic jus cogens

DECLARATION ON MEASURES TO ELIMINATE INTERNATIONAL TERRORISM, 1994, AND THE 1996 SUPPLEMENTARY DECLARATION THERETO

Check against delivery

International assistance and cooperation

WORLD HEALTH ORGANIZATION ORGANISATION MONDIALE DE LA SANTÉ

Resolution Writing and Submission

International Human Rights Documents

Access and Benefit Sharing (ABS)

Submission on the General Comment by the UN Committee on the Rights of the Child Regarding Child Rights and the Business Sector First Draft

Conference of the States Parties to the United Nations Convention against Corruption

Table 1: Implementing the Rome Statute (Last updated on 5/15/02)

ON BEHALF OF THE AFRICAN GROUP AMBASSADOR SAMSON S. [TEGBOJE DEPUTY PERMANENT REPRESENTATIVE PERN[ANENT MISSION OF NIGERIA TO THE UNITED NATIONS

Abstract. Rome Statute and the ICC ) which seeks to improve the human condition by promoting justice and accountability, and by preventing impunity.

Concluding observations on the report submitted by the Netherlands under article 29, paragraph 1, of the Convention*

It has the honour to enclose herewith the observations of the Government of Peru on the questionnaire.

Mathias Forteau University of Paris Ouest (France) Member of the International Law Commission

Report of the International Law Commission

BUREAU OF THE ASSEMBLY OF STATES PARTIES. Sixth meeting. The Hague. 18 October Agenda and decisions

Draft report of the Commission on the work of its sixty-fourth session (continued) Chapter IV. Expulsion of aliens (continued)

B. The transfer of personal information to states with equivalent protection of fundamental rights

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Intergovernmental Forum on Chemical Safety Global Partnerships for Chemical Safety

UNITED NATIONS HUMAN RIGHTS COUNCIL 13th Session of the Working Group on the Universal Periodic Review 21 May to 1 June 2012

Economic and Social Council

A/54/690. General Assembly. United Nations. Pattern of conferences. I. Introduction. Report of the Fifth Committee. Distr.: General 5 January 2000

ASIAN-AFRICAN LEGAL CONSULTATIVE ORGANIZATION (AALCO) EXPLANATORY MEMORANDUM. FIFTY-SEVENTH ANNUAL SESSION TOKYO, JAPAN 8 TH to 12 TH OCTOBER 2018

34. Items relating to peacekeeping operations

A/CN.4/SR Contents

Geneva Conventions of 1949 and relating to the protection of victims of armed

JOINT INVESTIGATION TEAMS: BASIC IDEAS, RELEVANT LEGAL INSTRUMENTS AND FIRST EXPERIENCES IN EUROPE

Summary of Report April 2007

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/69/482)]

Reports of Cases. JUDGMENT OF THE COURT (First Chamber) 19 September 2018 *

STATEMENT BY. Geneva, 13 September 2011

CLOSING STATEMENT H.E. AMBASSADOR MINELIK ALEMU GETAHUN, CHAIRPERSON- RAPPORTEUR OF THE 2011 SOCIAL FORUM

Resolution adopted by the General Assembly. [without reference to a Main Committee (A/56/L.64 and Add.1)]

Explanatory Report to the Convention on the Transfer of Sentenced Persons

Resolution adopted by the Human Rights Council on 1 October /2. Human rights and unilateral coercive measures

Economic and Social Council

Transcription:

United Kingdom Mission to the United Nations One Dag Hammarskjold Plaza (885 Second Avenue) New York, NY 10017 Tel: +1 (212) 745 9200 Fax: +1 (212) 745 9316 Email: uk@un.int http://twitter.com/ukun_newyork UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND UNITED NATIONS GENERAL ASSEMBLY, SIXTH COMMITTEE, SEVENTY-SECOND SESSION, AGENDA ITEM 81, REPORT OF THE INTERNATIONAL LAW COMMISSION ON THE WORK OF ITS SIXTY-NINTH SESSION: PART 1 (A/72/10) CHAPTERS I III (INTRODUCTORY PARTS) and XI (OTHER DECISIONS AND CONCLUSIONS OF THE COMMISSION) CHAPTER IV (CRIMES AGAINST HUMANITY) CHAPTER V (PROVISIONAL APPLICATION OF TREATIES) STATEMENT BY MR STEPHEN H. SMITH ASSISTANT LEGAL ADVISER UNITED KINGDOM MISSION TO THE UNITED NATIONS 24 OCTOBER 2017 Check against delivery

Mr Chairman, 1. I would like to begin by thanking the Chairperson of the Commission, Mr Georg Nolte, for his report to the Sixth Committee, and all members of the Commission for a successful first year of the current quinquennium, during which some fruitful progress has been made. The United Kingdom is also grateful to the Chairperson of the Drafting Committee, Mr Aniruddha Rajput, for all his hard work during the session. 2. The United Kingdom also takes this opportunity to commend and thank the Codification Division of the Secretariat and its Director, Mr Huw Llewellyn, for their excellent work. It is not only the support that the Codification Division provides to the Commission, but also the assistance they offer to States, which is of great value. 3. In particular, the United Kingdom expresses its appreciation for the work of the Codification Division in their continuous updating and maintenance of the Commission s website, which is an invaluable and user-friendly resource, facilitating engagement with the Commission s work and as a research tool more widely. Mr Chairman, *** 4. Before turning to the draft articles on crimes against humanity and the provisional application of treaties, the United Kingdom takes this opportunity to congratulate the Commission ahead of the commemoration of its seventieth anniversary, and looks forward to participating in the events next year here in New York and in Geneva to celebrate the Commission s achievements. 2

5. While now is not the time for detailed tributes to the Commission, at this stage it is fitting to register the deep appreciation of the United Kingdom. Even a cursory glance at the Commission s work over the past seven decades reveals the rich contribution it has made to the practice and theory of international law, enriching the rules based international legal order and respect for the rule of law while doing so. Mr Chairman, *** 6. The United Kingdom welcomes the third report of the Special Rapporteur, Mr. Sean Murphy, on the topic of crimes against humanity, and congratulates the Commission on the completion on first reading of a complete set of draft articles. The draft articles have been transmitted to Governments, international organisations and others for comments and observations by 1 December 2018. 7. At the outset, allow me to stress that we are broadly supportive of the draft articles, and look forward to giving them more detailed consideration in the coming months. 8. The United Kingdom acknowledges that there is currently no general multilateral framework governing the national prosecution of crimes against humanity. As such, we continue to see benefit in exploring how an extradite-or-prosecute regime in respect of such crimes could operate. 9. The United Kingdom appreciates the careful consideration that the Special Rapporteur, the Drafting Committee and the Commission as a whole have given to the inter-relationship between their work and the Rome Statute of the International Criminal Court. As we have previously emphasised, and as the Special Rapporteur and Commission clearly intend, a future convention on this subject will need to complement, rather than compete with, the Rome Statute. A new 3

convention could facilitate national prosecutions, thereby strengthening the complementarity provisions of the Rome Statute. 10. The United Kingdom recalls its position that the expansion of the scope of this work into issues such as civil jurisdiction and immunity would be unhelpful. It is important that a future convention should be ratified widely, and to that end the United Kingdom welcomes the fact that the Commission has kept the draft relatively simple, along the model of earlier aut dedere aut judicare conventions. 11. Turning briefly to the draft articles themselves, we note that draft Article 5 concerning non-refoulement goes beyond the protections in the Refugee Convention. We query the utility of this expansive approach, given the protections already guaranteed by international human rights law, for example those provided by Article 3 of the European Convention on Human Rights, which prohibits torture, inhumane or degrading treatment. 12. Draft Article 13, concerning extradition, is based on similar provisions in the United Nations Convention against Corruption. This is unlikely to be problematic for us, although a number of considerations arise. First, we will need to assess the interplay between this draft Article and our relevant domestic extradition legislation, which gives effect to our existing international extradition obligations, as well as enabling ad hoc extradition arrangements to be reached with territories with which we have no prior extradition agreements. Secondly, we will need to consider the interaction of Article 13 with our domestic legislation which gives effect to our obligations under the Rome Statute. The International Criminal Court Act 2001 features provisions on the operation of extraterritorial jurisdiction for certain criminal offences, including crimes against humanity. 13. We note that draft Article 14 on mutual legal assistance is likewise modelled on equivalent provisions in the United Nations Convention 4

against Corruption and the United Nations Convention against Transnational Organised Crime. We are broadly supportive of this draft article, noting with particular approval paragraph (8) which makes clear that the mutual legal assistance provisions would have no application where the requesting and requested states are party to a separate mutual legal assistance treaty. 14. The United Kingdom will consider carefully the draft Articles and we look forward to providing detailed comments shortly. Mr Chairman, *** 15. The UK is grateful to the Special Rapporteur, Mr Gómez-Robledo, and the members of the Commission for their work in taking forward the topic of provisional application of treaties. 16. The UK welcomes the extension of the scope of the draft guidelines to include treaties to which international organisations are party. 17. In respect of Draft Guideline 6, the UK would seek further clarity on the distinction between the legal effect of a provisionally applied treaty and one in full force. Although the Guideline indicates that the legal effect is the same, paragraph 5 of the commentary makes it clear that provisional application does not give rise to the whole range of rights and obligations that derive from the consent by a State or an international organization to be bound by a treaty or a part of a treaty. As such, although the substantive legal effects may be the same, the technical and procedural legal effects may be different. This should be made clear in the body of the Guideline and the relationship with the provisions of the VCLT further elaborated. The UK would invite the Commission to give further thought to this and develop the commentaries accordingly. 5

18. Draft Guideline 7 makes it clear that breach of a provisionally applied treaty entails international responsibility. However, this Guideline does not indicate the consequences of breach on the operation of the provisionally applied treaty itself, the Commentary is clear that in the opinion of the ILC, Part 5, section 3 of the VCLT will not apply. Therefore the Special Rapporteur could helpfully elaborate on the effect of breach on the provisionally applied treaty itself. 19. The UK welcomes the pragmatic and flexible approach taken by the Special Rapporteur and the Commission to provisional application of treaties, underlining the prerogative of sovereign states to enter into international agreements in a manner that best suits their international relations and domestic considerations at the time. However, given the difficulties that have arisen in the interpretation of some provisional application clauses, the Commission is invited to begin work on draft model clauses with commentary to cater for various modes of provisional application, particularly in respect of the completion of internal procedures. Where and when appropriate, model clauses which are fully explained and unambiguous could be adopted to ensure legal certainty. Thank you, Mr Chairman. 6