LEGAL Committee Study Guide
LEGAL Committee Study Guide
5. Questions to be Concerned
6. Bibliography
1. Introduction to the Committee
1.1 Committee Overview
The LEGAL Committee, the sixth committee of the United Nations General
Assembly, is tasked with addressing issues related to international law and it
plays a crucial role in shaping the legal principles governing relations between
states, international organizations, and individuals.
In this committee, delegates have the opportunity to discuss how international
law has evolved in response to contemporary challenges such as human rights,
cybersecurity, and global justice.
The LEGAL Committee offers a unique environment for delegates who seek to
develop fair and workable solutions by combining logical thinking, diplomacy,
and creativity. It is an excellent platform for future diplomats who wish to
contribute to the advancement of global justice.
The International Law Commission (ILC)'s 2019 Draft Articles reinforce the
definition of these crimes, emphasizing that they can be committed in peacetime
or wartime, and that states bear the responsibility to prevent and punish them.
This approach demonstrates that crimes against humanity can manifest not only
as individual acts but also as state policies or organized systematic attacks.
A truly global justice system is possible not only with international courts, but
also with a free press, an independent judiciary, and the unrestricted right to
expression. At this point, freedom of expression and freedom of the press play a
vital role in revealing and documenting crimes against humanity.
Article 19 of the United Nations Covenant on Civil and Political Rights states:
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include
freedom to seek, receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print, in the form of art, or
through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries
with it special duties and responsibilities. It may therefore be subject to certain
restrictions, but these shall only be such as are provided by law and are
necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of
public health or morals.
However, Article 20 specifies the limits of this article. Article 20 claims that:
Article 20 of the United Nations Covenant on Civil and Political Rights states:
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement
to discrimination, hostility or violence shall be prohibited by law.
These two articles together show that while freedom of expression and the press
are fundamental to justice and accountability, they must also be exercised
responsibly to prevent the spread of hatred and violence.
Article 68
Protection of the victims and witnesses and their participation in the
proceedings
1. The Court shall take appropriate measures to protect the safety, physical and
psychological well-being, dignity and privacy of victims and witnesses. In so
doing, the Court shall have regard to all relevant factors, including age, gender
as defined in article 7, paragraph 3, and health, and the nature of the crime, in
particular, but not limited to, where the crime involves sexual or gender violence
or violence against children. The Prosecutor shall take such measures
particularly during the investigation and prosecution of such crimes. These
measures shall not be prejudicial to or inconsistent with the rights of the accused
and a fair and impartial trial.
(...)
Article 75
Reparations to victims
1. The Court shall establish principles relating to reparations to, or in respect of,
victims, including restitution, compensation and rehabilitation. On this basis, in
its decision the Court may, either upon request or on its own motion in
exceptional circumstances, determine the scope and extent of any damage, loss
and injury to, or in respect of, victims and will state the principles on which it is
acting.
2. The Court may make an order directly against a convicted person specifying
appropriate reparations to, or in respect of, victims, including restitution,
compensation and rehabilitation. Where appropriate, the Court may order that
the award for reparations be made through the Trust Fund provided for in article
79.
(...)
The Trust Fund for Victims program was established for this purpose and has
provided assistance, particularly to victims of war, sexual violence, and forced
displacement. However, lack of evidence, security risks, and political obstacles
make the implementation of these processes difficult. Countries such as
Germany, Canada, and the Netherlands support international victim protection
mechanisms by contributing to these funds.
Article 79
Trust Fund
1. A Trust Fund shall be established by decision of the Assembly of States
Parties for the benefit of victims of crimes within the jurisdiction of the Court,
and of the families of such victims.
2. The Court may order money and other property collected through fines or
forfeiture to be transferred, by order of the Court, to the Trust Fund.
3. The Trust Fund shall be managed according to criteria to be determined by the
Assembly of States Parties.
France
France is a founding member of the ICC and actively defends the independence
of international criminal justice. The country aims to strengthen international
coordination on the definition, prevention, and punishment of crimes against
humanity. In the Sixth Committee, France provided diplomatic leadership within
the European Union for the ratification of the draft Crimes Against Humanity
Convention. The Paris government supports international investigations into
crises in Africa and the Middle East. France advocates for strengthening victim
protection programs. It also implements legal assistance projects for countries in
Africa and Asia to promote the universalization of the Rome Statute.
United Kingdom
While the United Kingdom is a party to the Rome Statute, it criticizes the ICC's
operational independence. London supports strengthening the definition of
crimes against humanity but maintains the primacy of the national judiciary. In
the Sixth Committee, the United Kingdom emphasizes that international justice
should be conducted independently of politics. The country supports the
development of legal standards for victim protection and witness protection.
Furthermore, the United Kingdom advocates for an approach that requires state
consent for the prosecution of soldiers serving in peacekeeping missions.
Diplomatically, it supports the Crimes Against Humanity Convention process
while maintaining its emphasis on sovereignty.
United States
The United States has signed but not ratified the Rome Statute and is therefore
not a party to the ICC. While Washington supports international criminal law in
principle, it opposes the ICC's exercise of authority over its military. In the Sixth
Committee, the US prioritizes international cooperation, education, and
diplomatic pressure to prevent crimes against humanity. The US advocates an
approach that encourages voluntary cooperation among states rather than
binding agreements. The US also emphasizes the need to strengthen regional
alliances and enforcement mechanisms to combat impunity. Furthermore, it is
one of the countries that provides funding for initiatives to protect victims.
Japan
Japan is the largest financial contributor to the ICC in Asia. In the Sixth
Committee, it plays an active role in technical regulations for the definition,
prevention, and punishment of crimes against humanity. The Tokyo government
defends the impartiality of international justice and supports the draft Crimes
Against Humanity Convention. Japan also conducts capacity-building programs
in evidence gathering and victim support. The US prioritizes diplomatic
measures against human rights violations and is actively engaged in diplomatic
efforts to disseminate the Rome Statute among Asian countries.
Russia
Russia signed the Rome Statute in 2000 but withdrew its signature in 2016.
Moscow argues that the ICC has become a political tool and does not recognize
the Court's jurisdiction. In the Sixth Committee, Russia emphasizes the concepts
of state sovereignty and national judicial capacity. The country supports the
prevention of crimes against humanity but argues that its implementation should
only be carried out with state approval. Russia opposes universal jurisdiction
and argues that the ICC targets only certain states. Recently, due to the Ukraine
investigations, Russia's rhetoric has become defensive and sovereignty-centered.
China
China is not a party to the Rome Statute and does not recognize the jurisdiction
of the ICC. Beijing supports the identification and prevention of crimes against
humanity but maintains that this process should not be used as a tool for
interference in the internal affairs of states. At the Sixth Committee, China stated
that the definition of crimes against humanity should be universal but free from
political influence. The country prioritizes sovereignty and internal stability. It
also emphasizes that economic development is the key to preventing crimes in
the long term. China is positioned within the "pro-sovereignty" bloc alongside
developing countries.
Ukraine
While Ukraine is not a party to the Rome Statute, it made declarations
recognizing the ICC's jurisdiction in 2014 and 2022. This ensures the country's
full cooperation with the Court in investigating crimes against humanity. In the
Sixth Committee, Ukraine champions the principles of combating impunity and
individual responsibility. The Kyiv government plays an active role in swiftly
adhering to the Crimes Against Humanity Convention. The country is a pioneer
in evidence collection, digital monitoring, and victim support mechanisms. It
also emphasizes the need to strengthen solidarity in international law and
expand the principle of universal jurisdiction.
Palestine
Palestine has been a party to the Rome Statute since 2015 and recognizes the
ICC's jurisdiction over crimes in Gaza and the West Bank. In the Sixth
Committee, Palestine advocates for the protection of victims' rights and
universal prosecution of crimes against humanity. The delegation emphasizes
the need for independent and fair ratification of the Crimes Against Humanity
Convention. Palestine prioritizes the protection of civilians in the occupied
territories. It also emphasizes the need to free international justice from political
influence. The country actively seeks diplomatic support to protect victims and
ensure accountability.
Brazil
Brazil is a party to the Rome Statute and plays an active role in international
criminal law in Latin America. In the Sixth Committee, it takes a conciliatory
stance on preventing crimes against humanity and providing reparations to
victims. The country faces challenges in combating organized crime and police
violence domestically. Brazil openly supports the Crimes Against Humanity
Convention process. It also advocates for the development of restorative justice
approaches for victims. It works to strengthen regional cooperation with Latin
American countries.
Spain
Spain was one of the first European countries to ratify the Rome Statute and has
integrated the principle of universal jurisdiction into its domestic law. In the
Sixth Committee, it advocates for a global definition of crimes against humanity.
The country openly supports the adoption of the draft Crimes Against Humanity
Convention. Spain provides legal advice for the implementation of international
justice in cases of human rights violations in Latin America. It cooperates
closely with the ICC on victim protection, witness protection, and reparation
mechanisms. It also supports restorative justice policies, drawing on past
experiences with authoritarian regimes.
Sudan
Sudan is not a party to the Rome Statute, but it is one of the ICC's most
notorious case countries due to crimes against humanity in Darfur. The arrest
warrant issued against former leader Omar al-Bashir in 2009 was a first in the
Court's history. This decision deepened sovereignty debates within the country.
In the Sixth Committee, Sudan advocated for strengthening the national
judiciary. It approached the Crimes Against Humanity Convention process
cautiously. Currently, the Khartoum government cooperates with the ICC to a
limited extent.
Vietnam
Vietnam is not a party to the Rome Statute and does not recognize the ICC's
jurisdiction. The country supports the prevention of crimes against humanity but
prioritizes state sovereignty. In the Sixth Committee, Vietnam advocates for a
non-politicized approach to international law. It contributes to building human
rights capacity within ASEAN. It follows the draft Crimes Against Humanity
Convention but is not a party. It has historically prioritized victim protection
policies.
South Africa
South Africa is a party to the Rome Statute and one of the first countries in
Africa to support the ICC. It discussed withdrawing after the Al-Bashir incident
in 2015, but reversed its decision. In its Sixth Committee, it emphasizes the
ICC's need to operate in a fair and balanced manner. It supports the Crimes
Against Humanity Convention process. It calls for the strengthening of regional
judicial institutions. The country stands out with its experience in transitional
justice.
Canada
Canada is a founding member of the Rome Statute and strongly supports the
ICC. In its Sixth Committee, it prioritizes individual responsibility and victims'
rights. It actively contributed to the draft Crimes Against Humanity Convention.
Canada focuses on the protection of women and child victims. It also provides
regular support to the Trust Fund for Victims. The country advocates for the
administration of justice independent of politics.
Mexico
Mexico is a party to the Rome Statute and plays an active role in preventing
crimes against humanity. Organized crime and non-state violence are significant
problems in the country. In the Sixth Committee, Mexico emphasizes
accountability and the responsibility of non-state actors. It supports the Crimes
Against Humanity Convention process. It advocates for the development of
victim compensation and restorative justice systems. It pursues a regional
cooperation approach.
Taiwan
Because Taiwan is not a member of the UN, it cannot be a party to the Rome
Statute, but it does de facto comply with ICC principles. The Taipei government
has high standards in human rights law. While not a direct participant in the
Sixth Committee, it is active in regional platforms. The country implements
advanced systems for victim protection and witness protection. It indirectly
supports the Crimes Against Humanity Convention process. Taiwan is de facto
compliant with international criminal law.
Turkey
Turkey is not a party to the Rome Statute and does not recognize the jurisdiction
of the ICC. The Sixth Committee supports the prevention of crimes against
humanity. Ankara advocates for the draft's adoption without politicization. The
country contributes with victim support programs and humanitarian aid. Turkey
prioritizes national judicial capacity and emphasizes the balance between
sovereignty and justice.
Netherlands
The Netherlands is the host country of the ICC and a party to the Rome Statute.
The Sixth Committee prioritizes victim protection and witness safety. It is a
strong supporter of the Crimes Against Humanity Convention process. The
country defends the independence of international justice. It also provides funds
to enhance the ICC's capacity. The Netherlands promotes the rule of law at the
global level.
Indonesia
Indonesia is not a party to the Rome Statute and emphasizes sovereignty within
ASEAN. The country supports international criminal law in principle but is
cautious about joining the ICC. It is not directly active in the Sixth Committee
but supports regional cooperation. Indonesia is pursuing human rights reforms
within the framework of its national judicial system.
Thailand
Thailand is not a party to the Rome Statute but plays an active role in
peacekeeping missions. It is an observer in the Sixth Committee and supports
the prevention of crimes against humanity. The country advocates for
strengthening national judicial capacity. Internal discussions on ICC accession
are ongoing.
Italy
Italy is a founding member of the Rome Statute and one of the EU's strongest
supporters of the ICC. It explicitly supports the draft Crimes Against Humanity
Convention in the Sixth Committee. The country prioritizes victim protection
and universal access to justice. Italy works to develop international legal
capacity at the European level.
Poland
Poland is a party to the Rome Statute and advocates for the strengthening of
international criminal law in Eastern Europe. In the Sixth Committee, it supports
the principle of universal jurisdiction and individual responsibility. The country
actively contributes to the investigation of crimes against humanity in Ukraine.
Poland advocates for the international protection of the rule of law.
Sweden
Sweden is a party to the Rome Statute and stands out for its victim-centered
approach to justice. In the Sixth Committee, it advocates for the strengthening of
victim protection mechanisms. The country makes significant contributions to
the ICC's victims' fund. Sweden is considered an exemplary country for its
policies focusing on the rights of women and children.
Morocco
Morocco is not a party to the Rome Statute but is active in the UN Human
Rights Council. In the Sixth Committee, it advocates for the definition of crimes
against humanity to be consistent with universal values. The country maintains
its emphasis on national sovereignty. Morocco sets a regional example with its
policies of reconciliation and transitional justice.
South Korea
South Korea is a party to the Rome Statute and actively supports the ICC. It
supports the progress of the Crimes Against Humanity Convention process in
the Sixth Committee. The country argues that the definition of crimes against
humanity should include modern threats. The Seoul government funds legal
programs that strengthen victims' rights.
India
India is not a party to the Rome Statute and prioritizes the principle of
sovereignty. In the Sixth Committee, it advocates that international justice
should be carried out with state approval. The country demands that the
definition of crimes against humanity be consistent with national law. India
maintains the primacy of the national judiciary.
Argentina
Argentina is a party to the Rome Statute and is known for its experience in
transitional justice. It supports the Crimes Against Humanity Convention
process in the Sixth Committee. The country advocates for the protection of
victims and the strengthening of processes for dealing with the past. Argentina is
a pioneer in restorative justice practices in Latin America.