Pakistan warns against misuse of universal jurisdiction clause

Jadoon says clause should only apply to serious crimes such as war crimes, crimes against humanity and genocide

UNITED NATIONS:

Emphasising that the principle of universal jurisdiction not be viewed as a licence to infringe upon state sovereignty, Pakistan has said its application should be in compliance with international law and the UN Charter.

Speaking in the United Nations General Assembly’s Sixth (Legal) Committee, Ambassador Usman Iqbal Jadoon, Deputy permanent representative of Pakistan to the UN, the principle of universal jurisdiction, in fact, was a call for the cessation of impunity, to ensure that jurisdictional loopholes are not exploited as a means to dodge justice.

Participating in a debate on “The scope and application of the principle of Universal Jurisdiction’, the Pakistani envoy said this principle was not a primary form of jurisdiction, but to be invoked only under exceptional circumstances.

“Universal jurisdiction is supplementary to territorial and national jurisdictions, not a replacement for them,” he said, adding that emphasis should be placed on domestic legal remedies, which should always be the first line of response.

Universal jurisdiction should only apply to severe crimes, such as war crimes, crimes against humanity and genocide, which have international repercussions, Jadoon said. Obligations to extradite or prosecute individuals under treaty agreements should not be misconstrued, or used to imply, treaty-based universal jurisdiction, he pointed out. Universal jurisdiction should unquestionably be invoked, especially in instances where crimes are committed in regions subjects to foreign occupation, he said.

This is imperative considering the obligations laid out under the Fourth Geneva Convention [Geneva Convention relative to the Protection of Civilian Persons in Time of War].

“The principle of universal jurisdiction should be applicable for the purpose of helping the International Court of Justice resolve disputes on the Security Council’s agenda,” Jadoon added.