Definitely Not My Crimes Notebook: A notebook for the casual criminalist

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Definitely Not My Crimes Notebook: A notebook for the casual criminalist

Definitely Not My Crimes Notebook: A notebook for the casual criminalist

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Taking Up Administration of Justice Reports, Delegates Commend Adaptation of Work During Pandemic, Increased Multilingualism, Caselaw Portal On that point, the representative of Saudi Arabia expressed concern that the draft articles’ introduction of new definitions might cause confusion, spotlighting the need to standardize terms such as “slavery”, “torture” and “enforced disappearances”. He also noted that certain provisions within the draft articles expand the scope of universal jurisdiction, a principle on which the international community is currently divided. The representative of Algeria, urging those present to refrain from imposing legal principles that do not enjoy universal approval, expressed regret that the International Law Commission’s draft articles on crimes against humanity do not reflect the current state of international law or international customary practice. While a convention governing such crimes would allow each country to exercise its criminal jurisdiction over crimes against humanity, he noted that core issues remain ambiguous and require further negotiation. MINE OZGUL BILMAN ( Türkiye) stated that crimes against humanity have been codified in Turkish criminal law and constitute a category of crimes over which universal jurisdiction may be exercised if the necessary conditions are met. She observed, however, that the Sixth Committee’s extensive discussions on this topic over the past few years demonstrate that this issue is complex and yet to be codified in national legislations in a uniform manner. Further, a considerable number of States share the concern that this category of crimes can be particularly susceptible to non-legal motives. She therefore supported a meaningful, structured discussion in the Committee on this topic that follows established practice. This is a crucial step before the Committee makes any further recommendations relating to substance or procedure to the General Assembly, she said. She added that this process would be facilitated through an advance circulation of States’ written views on the matter.

Also speaking on crimes against humanity were representatives of China, Nigeria, the Netherlands, Tunisia, France, Bolivia, Greece, Türkiye, Pakistan, Indonesia, Israel, Romania and Sri Lanka. The observers for the State of Palestine and the Holy See also spoke. NURUL AINY YAHAYA ( Malaysia) stressed that access to justice, along with the universal standards of international law, should be preserved and upheld for everyone ‑ including the Palestinians, long suffering at the hands of the “apartheid Israeli regime”, as well as the people of Myanmar, including the Rohingya, that have been subjected to continued violence even before the military takeover in 2021. For its part, Malaysia’s domestic criminal law provides for the prosecution of the perpetrators of crimes against humanity, and its international cooperation in this matter is governed by laws pertaining to extradition and mutual assistance in criminal matters. She went on to note that this is the fourth time the International Law Commission’s draft articles on this subject are before the Sixth Committee, expressing hope that the same will be examined prudently to ensure that further work does not overlap with existing regimes but, rather, complements them. With regard to the informal system, she spotlighted the disparity of treatment between staff and non-staff personnel in terms of access to the services of the Office of the Ombudsman and Mediation Services. The majority of cases dealt with by the Office were from field operations, she observed, adding that all categories of staff should have access to justice and to effective remedies. She also commended the “Dignity through Civility” campaign aimed at increasing awareness, engaging staff in dialogue and promoting action to improve workplace behaviour. She encouraged all personnel who wish to discuss issues of real or perceived discrimination of all kinds to approach the Office of the Ombudsman and Mediation. She further stressed the importance of multilingualism within the system of Administration of Justice, noting that to ensure equal access to justice, it is important to provide information on informal conflict resolution in the six official languages. DIARRA DIME LABILLE ( France), associating herself with the European Union, added her support to the adoption of a convention, which would strengthen the international legal framework for combating the most serious crimes. She expressed regret over the absence of substantive negotiations on the subject in the past two years, relating this to consequences of the COVID‑19 pandemic. She noted that at the present session of the General Assembly, delegations will be able to determine collectively how they wish to take ownership of the high-quality work conducted by the International Law Commission. She reiterated her delegation’s readiness to engage in the “broadest and most transparent dialogue possible” with other delegations to finally forward on the agenda item. She further emphasized that her country would continue to advocate for the universal adoption of a convention on the prevention and punishment of crimes against humanity.GENG SHUANG ( China), associating himself with the Group of Friends in Defence of the Charter of the United Nations, pointed out that, despite the divergence of views, discussions in the Sixth Committee regarding a dedicated convention on crimes against humanity reflect the issue’s high priority for the international community and should be continued. Highlighting several such points of divergence ‑ including the definition of crimes against humanity, the application of universal jurisdiction, and the relationship between such a convention and domestic law ‑ he recalled a Chinese proverb that said, “sharpening the axe will not delay the task of chopping wood”. Further consideration, therefore, will gradually bridge differences and pave the way for subsequent negotiations. Adding that the Committee’s tradition of consensus must be respected, he noted that some delegations introduced a draft resolution on their own and indicated they were prepared to put it to a vote. This is “not constructive at all,” he said. The representative of the United States underscored the need for transparency in the internal justice system so that United Nations staff, their representatives and the General Assembly can better understand how the Tribunals are carrying out administrative justice. He also highlighted the importance of the informal system for dispute resolution, which seeks to prevent and resolve staff conflicts before they mature into formal disputes. Bailey is also excited to work with guest star Tom Berenger, who’ll appear later this season as the long-absent husband of Sharon Raydor (Mary McDonnell). “Tom is an old friend of mine,” said Bailey. “We did a movie together almost 30 years ago – 29 years ago – called Rustler’s Rhapsody…when we saw each other on this we promised that we’d work together every 30 years.”

PERCEPTION Scott Wolf will be a new face on this season as the ex of Rachel Leigh Cook’s Kate on TNT’s Perception and while his character of Donnie is not necessarily a nice guy, he told me “people tend to associate me with more on the nicer side. So to play people who run against that, it’s really good fun for me.”ALIS LUNGU ( Romania), associating herself with the European Union, said that although crimes against humanity were among the most serious crimes, no dedicated multilateral treaty existed. By contrast, the prevention and punishment of genocide and war crimes were the subjects of widely ratified multilateral treaties, she said. That gap needed to be corrected and a coherent approach needed to be adopted to ensure that no fragmentation occurred, especially with regards to inter-State cooperation and mutual legal assistance, she added. Only in this manner could the overall objective of prevention and punishment of these crimes be effectively attained. Expressing her support for developing the draft articles into a convention, she said that despite delegations’ engagement and interest, discussions in the Sixth Committee have fallen short of a thorough consideration of the Commission’s clear recommendation. Within the existing constraints and practices, Romania has tried to contribute to this process, from various roles and perspectives, she noted. The seventy-seventh session was a new opportunity to agree on establishing a dedicated forum and timeframe which would allow for open substantive exchanges between delegations on the articles and the Commission’s recommendation, she said. WIETEKE ELISABETH CHRISTINA THEEUWEN ( Netherlands), aligning herself with the European Union, underscored that the existent gaps in legislation regarding crimes against humanity only prove the need of establishing a convention. She strongly welcomed the opening of the treaty negotiations, underlining that the ad hoc committee would be an ideal forum for further examination of International Law Commission’s draft articles. She underscored the importance of providing the committee with a clear mandate and timeline for the completion of its work. Turning to the mutual legal assistance initiative, she noted that it is a modern operational framework for the prosecution of crimes, which is supported by 76 States and has similar objectives as the draft articles. However, the instrument broadly differs in its material and scope from the draft articles, as it focuses on creating a detailed modern and comprehensive framework. She underscored that the two projects are complementary and should be further developed in parallel. YARDEN RUBINSHTEIN ( Israel), supporting the establishment of a forum within the framework of the Sixth Committee for a potential elaboration of a future convention, spotlighted the divergent views of Member States demonstrated during the previous Committee sessions, both regarding the substantive content of the draft articles and their future framework. Recognizing these differences, she underscored the importance of achieving progress with regard to the draft articles and finding a path forward. She further reiterated support for the proposal to establish an ad hoc committee to examine the draft articles and enable meaningful and inclusive discussions among States. In this regard, she noted that the principle of consensus within the Sixth Committee was a significant element for maintaining the unity and consistency of international law. She further reiterated her country’s willingness and commitment to the efforts for the development of international law. The Sixth Committee also considered its agenda item on the administration of justice at the United Nations today, taking up reports by the Secretary-General and the Internal Justice Council on the matter (documents A/77/156, A/77/151 and A/77/130).



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