Statement by Mohammad Sarwar Mahmood Counsellor, Permanent Mission of the People’s Republic of Bangladesh to the United Nations at the Plenary of the Sixth Committee of the 67th UNGA on “The Scope and Application of the Principle of Universal Jurisdiction” [agenda item 84] New York, October 18, 2012

Statement by Mohammad Sarwar Mahmood
Counsellor, Permanent Mission of the People’s Republic of Bangladesh
to the United Nations at the Plenary of the Sixth Committee of the 67th UNGA on “The Scope and Application of the Principle of Universal Jurisdiction” [agenda item 84]

New York, October 18, 2012
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Mr. Chairman,

Thank you for giving me the floor.

My delegation aligns itself with the statement delivered by the distinguished representative of Iran on behalf of the Non-aligned Movement. We thank the Secretary General for his annual report on ‘The Scope and Application of the Principle of Universal Jurisdiction (A/67/116)’ and its addendum, on the basis of observations and information received from the Governments and relevant observers.

Mr. Chairman,

In order to prosecute the perpetrators of several heinous crimes under international treaties, the principle of universal jurisdiction could be a useful apparatus. However, we have to be cautious about its possible misuse for political or any other purpose.

It is our belief that the ongoing discussions in the Sixth Committee are going in a right direction for consideration of the scope and application of the principle of universal jurisdiction. In this regard, we support the decision to form a working group of the Sixth Committee under sixty seventh session to continue to undertake a thorough discussion of the scope and application of universal jurisdiction.
On administration of justice, we respect the universally recognized principles. While applying ‘the principle of universal jurisdiction’, we should follow the principles enshrined in the Charter of the United Nations, in particular the sovereign equality and political independence of States and non-interference in the internal affairs of States. The scope and application of the principle of universal jurisdiction should also take into consideration respect for the sovereignty and national jurisdiction of sovereign Member States. Extreme care should be made so that its application does not violate the immunity granted under international law to Heads of State, diplomatic personnel and other serving high-level officials.

I thank you, Mr. Chairman.