NEW YORK - Universal criminal jurisdiction is crucial to promote accountability and provide a victim-centred response in the face of a growing number of enforced disappearances worldwide, the UN Working Group on Enforced or Involuntary Disappearances said today.
In a study presented orally to the Third Committee of the 80th General Assembly Session, Gabriella Citroni, Chair-Rapporteur of the Working Group, urged the international community to apply universal and other forms of extra-territorial jurisdiction towards accountability and enhance their effectiveness.
"Impunity remains rampant," Citroni said. "It is now more necessary than ever for States to double their efforts in holding perpetrators to account."
Any State can apply its criminal jurisdiction to crimes under international law, including enforced disappearance, even when such acts are committed abroad. Related to the principle aut dedere aut judicare (extradite or prosecute), universal jurisdiction imposes an obligation on States, when an alleged offender is present in any territory under their jurisdiction, to exercise their criminal jurisdiction, unless they extradite the person concerned.
"The correct application of these principles constitutes a bulwark against impunity and leave no safe haven for perpetrators of enforced disappearance," the Chair of the Working Group said.
"More States have adapted domestic legislation incorporating universal jurisdiction to prosecute crimes under international law. However, it is still rare that prosecutions proceed on cases of enforced disappearance," Citroni said.
She noted that the study found that in many States, enforced disappearance is not codified as a separate crime and that domestic legislation has subjected the exercise of universal jurisdiction to several conditions, including some that are extremely restrictive, such as, the principle of immunity (personal or functional).
"Several elements are essential in securing the successful exercise of universal jurisdiction" she noted. "This includes the establishment of specialised institutions mandated to deal with crimes under international law, the carrying out of structural investigations and the collection of contextual evidence, as well as international cooperation, including through mutual legal assistance and regional coordination."
The Working Group identified significant deficiencies in ensuring the safe, dignified, effective and regular participation of victims, witnesses their representatives and civil society organisations. "To address this, specific legislative measures from States are required, as well as the allocation of adequate financial, technical and human resources," Citroni said.
"Universal jurisdiction can be an extremely powerful tool to hold perpetrators of enforced disappearance accountable. But to live up to its potential it requires genuine engagement and the adoption of specific measures by all Member States. The study aims at providing a roadmap to this end," she said.
