A/77/PV.67 General Assembly

Tuesday, April 25, 2023 — Session 77, Meeting 67 — New York — UN Document ↗

The meeting was called to order at 10 a.m.

30.  Prevention of armed conflict (a) Prevention of armed conflict Note by the Secretary-General (A/77/751)

Pursuant to General Assembly resolution 73/182, of 17 December 2018, I now give the floor to Ms. Catherine Marchi-Uhel, Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, to present the report of the Mechanism. Ms. Marchi-Uhel: It is an honour to brief the General Assembly today on the occasion of its annual plenary debate on the work of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011. At the outset, I would like to express our sincere condolences to the Governments and peoples of the Syrian Arab Republic and the Republic of Türkiye, and in particular to the families who have lost loved ones in the wake of the devastating earthquakes in February. Our heartfelt sympathies also go to the many who have been injured and are affected by this tragedy. According to the work originally outlined in our report A/71/755, the Mechanism continued to demonstrate its value as a justice facilitator over the past year. Today’s debate is an important opportunity to situate that work within the larger efforts of the international community to ensure accountability for core international crimes committed in Syria. It is our joint responsibility to do that in an inclusive, systematic, and comprehensive manner, serving the broader justice objectives that are enshrined in our foundational resolution 71/248 and reflected in various succeeding resolutions by the Assembly on the situation of human rights in the Syrian Arab Republic. At a time of resurgent humanitarian crisis in Syria and neighbouring Türkiye, that notion of inclusive justice, and the dire need for it, has once again been resonating in our work. The General Assembly created the Mechanism in December 2016 with a mandate to collect, consolidate, preserve and analyse evidence of violations of international humanitarian law and human rights violations and abuses, and to prepare files in order to facilitate and expedite fair and independent criminal proceedings in accordance with international law standards, in national, regional or international courts or tribunals that have jurisdiction over those crimes or may have in the future. Six years after its creation, our Mechanism can build on an expanding central repository of information and evidence. Our process for identifying relevant material continues to become more effective and efficient through the use of digital tools and new data-management approaches. Our analytical and targeted investigative work is progressing across all strategic lines of inquiry, advancing our structural investigation. In our role as a justice facilitator supporting current and future investigations and prosecutions of core international crimes, we have concluded 83 cooperation frameworks with Member States, international organizations, civil-society actors and other entities. We now serve 15 competent jurisdictions that have so far submitted 268 requests for assistance to us. The Mechanism has already supported 138 distinct national investigations, including through the provision of information, data sets, evidence, legal briefs, factual reports and other analytical products generated through our structural investigation. Notably, our analytical work on the situation of girls in areas controlled by the Islamic State in Iraq and the Levant (ISIL) was relied on in a judgment issued in Sweden earlier this year. In another judgment in Sweden last month, a court relied on an analytical product prepared by the Mechanism when finding a woman guilty of war crimes. In Germany, the Mechanism has continued its long-standing fruitful cooperation with the Federal Prosecutor’s office. Recent examples include the Moafak D. case, in which Berlin’s Higher Regional Court convicted a man on 23 February of war crimes and murder. Another case supported by the Mechanism currently in its trial phase before the Higher Regional Court of Frankfurt is the Alaa M. case, in which the accused is facing charges of sexual violence and the torture and killing of civilians. We continue to expand our catalogue of services provided to competent jurisdictions, including an increasing number of requests for targeted witness interviews to be conducted by our investigators. In that regard, the number of investigations supported reflects considerable casework in the pursuit of individual criminal accountability. It has led to concrete justice outcomes with direct contributions from the Mechanism, as the recent convictions in Germany and Sweden have again shown. In France, the Mechanism has contributed through the sharing of information and evidence and its ISIL brief on the ongoing Lafarge case. The Mechanism further contributed to investigations that led to the recent indictments of three senior Syrian officials for complicity in crimes against humanity and war crimes. While those processes and their concrete outcomes are important, we remain fully aware of the devastating scale of the Syrian tragedy and the importance of continuing to insist on more comprehensive justice in future. We hear that demand repeatedly in our engagement with victims and survivors. For the Mechanism, the views of victims and survivors are the North Star guiding its work. That commitment is reflected in the vision statement for our recently published strategic plan for 2023–2025. Our vision is to further establish the Mechanism as a crucial entity for supporting and promoting current and future accountability efforts in the eyes of the victims and survivors of core international crimes committed in the Syrian Arab Republic. To achieve that vision, the Mechanism has reinforced and diversified its engagement with victims and survivors, while incorporating their insights into its work and informing them about its impact as a justice facilitator. A further expression of that fundamental victim- and survivor- centred approach is our ongoing development and implementation of dedicated, comprehensive thematic strategies on gender and on children and young people. The Mechanism also continues to support broader justice objectives, such as clarifying the fate of missing persons, through identifying intersections with its accountability-focused work. In October 2022, we made our gender strategy public. It integrates the perspectives of Syrian civil society that were gained through consultations, and its implementation is well under way, which has allowed us to build a gender-competent institutional environment, fill gaps in our central repository of evidence and integrate a gender-sensitive analysis into every aspect of the implementation of our mandate. We will soon start external consultations on our children and youth strategy and are already running a pilot project that enables the Mechanism to test aspects of it, including through focus group discussions with the children and young people affected by the Syrian conflict. Such engagement also forms part of our larger effort to further expand and diversify our direct cooperation with civil society actors, who continue to make critical contributions across the full breadth of our work and are important enablers in ensuring a victim- and survivor- centred approach. They are both crucial sources of information and evidence, and they engage closely with the Mechanism on various aspects of its substantive work, including the work in response to requests for assistance, the Mechanism’s strategic lines of inquiry and its thematic strategies. We continue to appreciate the important support of the Netherlands and Switzerland in the context of engagements under the Lausanne platform process. We also introduced two new annual meeting formats with civil society actors, which consist of dedicated consultations with victims and survivors and with specialized civil society organizations working on documentation. Both new formats have already enriched the work that we do in support of accountability, whether via our responses to requests for assistance or the work undertaken in the context of our strategic lines of inquiry. On the issue of missing persons, we have heard repeatedly from many victims and survivors how that issue constitutes a primary obstacle to justice in their eyes. For many, the need to know the fate and whereabouts of their loved ones is the most urgent priority. We have therefore continued to identify and make available to other relevant actors information on missing persons. As much as our work is about pursuing inclusive and comprehensive justice for all Syrians, it is about pursuing every available opportunity for justice in the context of the core crimes committed in Syria since March 2011, irrespective of the identity or community of the perpetrators and the victims. While we continue to see that the Syrian conflict remains one of the best documented conflicts, the opportunities for accountability and justice remain all too elusive and are in complete disproportion to the scale of violations and the immensity of the suffering. In the absence of a competent jurisdiction seized of the entire Syrian situation, we therefore continue to explore any relevant opportunities for cooperation in the justice ecosystem for Syria, consisting of national, regional and international accountability actors. A new type of support that is valued by national war crimes units is for us to proactively share with them information about any nationals suspected to be involved in crimes committed in Syria. We also reach out to them when we become aware of the potential presence of suspects on their soil. As mentioned in our report (see A/77/751), the Mechanism is also prepared to provide information and analysis relevant to the legal action brought against the Syrian Arab Republic under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as part of a joint initiative announced by Canada and the Netherlands in March 2021. That will be another example of how the structural investigation undertaken by the Mechanism could be leveraged in support of a new, potentially important justice opportunity. Lastly, allow me to stress that in the spirit of the ever-evolving international accountability ecosystem and in the face of newly emerging crises, the Mechanism remains committed to sharing lessons learned and best practices with other accountability actors that are working towards the investigation and prosecution of core international crimes, both in the Syrian Arab Republic and in other conflict situations. The Mechanism has been fully functional for over five years now, and as reflected in the report, the demand from competent jurisdictions has multiplied, as has the variety of services provided to them. For instance, both the increased demand for witness interviews from competent jurisdictions and our enhanced efforts to consult victims and survivors on our work have led to increased needs for both investigative and analytical capacities, as well as for related witness and victim protection and support. We are very grateful that the Assembly, in resolution 75/252, decided to put the Mechanism on a solid and sustainable footing by introducing it into the Secretariat’s regular budget. Since then, however, another reality is that of the greatly increased demand for the Mechanism’s services. One might call that a success story. We continue to depend on important voluntary contributions from Member States. I would like to take this opportunity to thank them for that strong and continued commitment. Without their contributions, we could not provide the breadth and quality of services that we currently do, whether with regard to the support provided to competent jurisdictions, the advancement of our structural investigation, or, not least, our strong partnership with, and growing trust of, victims, survivors and civil society organizations at large. As a justice facilitator, our Mechanism can only show its added value and succeed through cooperation. Such cooperation with Member States, the United Nations system, other international organizations, civil society actors and individuals really makes our Mechanism come to life. It generates precious opportunities for inclusive justice, a justice that too many Syrians have been waiting for too long. We are especially grateful to Syrian civil society, in particular victim and survivor associations, whether in Syria, in the region or abroad, which after more than 12 years of conflict have not lost their faith in attaining the hope that justice, however imperfect it may be, can bring to society. I am personally grateful to the Mechanism’s highly professional and highly skilled staff, who embody the impartiality and independence that are the prerequisite of inclusive and sustainable justice. Jointly with our many partners, we have created an extraordinary capacity and expertise that we are keen to make available to all interested Member States. To conclude, I would like to pay tribute to a person who has been a source of inspiration to many of us and who passed away earlier this month. Benjamin Ferencz, a former prosecutor at Nuremberg, embodied the perseverance, creativity and optimism that have been essential to the progress made in our field over the past decades, including the establishment of our own Mechanism. May his memory be a source of strength, and may he continue to inspire us.
I thank Ms. Marchi-Uhel for her report and presentation. I now give the floor to the representative of the European Union, in its capacity as observer.
Ms. Tolstoi European Union #101222
I have the honour to deliver this statement on behalf of the European Union (EU) and its member States. The candidate countries Türkiye, North Macedonia, Montenegro, Albania, Ukraine, the Republic of Moldova and Bosnia and Herzegovina, as well as Andorra, Monaco and San Marino, align themselves with this statement. We welcome today’s important debate on the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, underlining the continued principled commitment of the States Members of the United Nations to justice for crimes committed in Syria. We would like to thank the Head of the Mechanism, Ms. Catherine Marchi-Uhel, and her team for their most recent report (see A/77/751) and for their leadership. We are pleased to see the progress that the Mechanism has made in the reporting period and its continuing efforts to engage and coordinate with all stakeholders, as well as its willingness to assist in national investigations. At the same time, we acknowledge that a lot of work remains to be done in that regard. The Mechanism’s ninth report highlights the progress made in holding individuals criminally accountable for the atrocities committed in the Syrian context and providing justice for some of the most serious crimes committed in the Syrian Arab Republic. Prosecutions have been brought and final judgments obtained against perpetrators in several EU countries, and those efforts are being pursued in a number of jurisdictions. The Netherlands and Canada are engaged in an important initiative to hold Syria to account for breaching the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The EU continues to believe that accountability and justice for victims remain essential for a stable and peaceful Syria, based on a credible, inclusive and viable political solution in accordance with Security Council resolution 2254 (2015). The EU continues to call on the Security Council to refer the situation in Syria to the International Criminal Court. The EU will remain at the forefront of the fight against impunity in Syria, and all responsible for war crimes or crimes against humanity must be held accountable. The EU will continue to support efforts to gather evidence into those atrocities, regardless of who may have committed them. There can be no shelter for the perpetrators of the most serious crimes under international law. As a member of the International Partnership against Impunity for the Use of Chemical Weapons, we will continue to support the International, Impartial and Independent Mechanism as well as the work of the Independent International Commission of Inquiry on the Syrian Arab Republic and the Investigation and Identification Team of the Organization for the Prohibition of Chemical Weapons, in order to ensure that the facts surrounding the crimes committed in the course of the conflict in Syria are documented, with a view to future legal action. It has now been 12 years since peaceful protests began throughout Syria, peaceful protests that were brutally repressed by the Al-Assad regime, provoking a conflict whose impact continues to this day. Since then, the humanitarian situation in Syria has been dire, with millions of civilians in need of assistance. That was compounded by the devastating earthquakes in February. It is crucial that the United Nations dedicate the energy and resources required to pursue and ensure accountability for these crimes. That is our common responsibility. For its part, the EU is determined that the crimes perpetrated in the last 12 years will not go unpunished, because the Syrian people deserve justice, dignity and peace. In conclusion, allow me to draw the Assembly’s attention to the seventh Brussels Conference on supporting Syria and the region, which the EU will host on 15 June in order to draw international attention to the need for a political solution to the conflict and to generate pledges of humanitarian support for Syria and in support of Syrian refugees and their host communities in the region. We are looking forward to welcoming the international community to the Conference and call on everyone’s unrelenting generosity and continued support. We also call on all States to cooperate with the International, Impartial and Independent Mechanism.
Mr. Tammsaar EST Estonia on behalf of European Union and its member States #101223
I have the honour to speak on behalf of the three Baltic States  — Latvia, Lithuania and my own country, Estonia. The Baltic States align themselves with the statement just made on behalf of the European Union and its member States. We would like to thank Ms. Catherine Marchi-Uhel for presenting the ninth report of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (see A/77/751) and for her strong commitment and dedication to making the Mechanism achieve its goals year by year. The Baltic States remain active supporters of the Mechanism as we continue to believe firmly that it is indispensable and highly impactful. The brutal armed conflict in Syria has raged now for more than 10 years. The only possible solution to it is a political one in line with Security Council resolution 2254 (2015). We are alarmed by the fact that the impunity of the Syrian regime and its allies has led to abuses of power and obstacles to achieving justice for the victims. It is clear that there will be no peace in Syria until impunity no longer prevails. Establishing accountability for crimes committed on Syrian soil remains of paramount importance. The mandate of the Mechanism to collect, consolidate, preserve and scrutinize evidence of violations of international humanitarian law, as well as human rights violations and abuses, is a vital component in the path to justice for the Syrian people. The Security Council has a special task to uphold and promote international law by responding decisively to grave violations. Unfortunately, since 2011 Russia has vetoed 18 Council resolutions on Syria. Nevertheless, we continue to call on the Council to step up its efforts to ensure accountability, including by referring the situation of Syria to the International Criminal Court. During its six years of activities, the Mechanism has demonstrated its important role in the justice efforts of the international community as it attempts to prevent impunity for the Syrian regime and its accomplices. We welcome its initiation of new activities, including the development of new digital analytical platforms and engagement with a broad range of providers during the reporting period. The growing number of cooperation frameworks and assistance requests during the reporting period clearly show the Mechanism’s relevance. Regrettably, despite those efforts, the authorities of the Syrian Arab Republic have failed to cooperate with it. We commend the Mechanism for the attentive and inclusive way in which it conducts its mission to facilitate justice. It continues to ensure the systematic integration of strategies on gender, children and youth, a crucial effort considering the greater vulnerability of those groups during armed conflicts. The development of a methodological package to guide engagement with Syrian children and young people is a good example of that systematic integration. We welcome the increased sharing of relevant information to help clarify the fate and whereabouts of persons missing in connection with the ongoing repressions in Syria. We also draw special attention to the expansion and intensification of cooperation between the Mechanism and civil society, which has a crucial role to play. Let me conclude by emphasizing the importance of international cooperation, which is essential to achieving the Mechanism’s aims as it intends. We would like to encourage the sharing of relevant information about crimes committed in Syria to ensure the facilitation of investigation and further accountability. Ending impunity and delivering justice for the victims of the most serious crimes is the responsibility of the international community as a whole. Finally, the Baltic States continue to support the financing of the International, Impartial and Independent Mechanism from the United Nations regular budget and call on all States to do the same.
I have the honour to speak on behalf of the five Nordic countries  — Denmark, Iceland, Norway, Sweden and my own country, Finland. The horrifying violence in Syria has endured for the past 12 years. Hundreds of thousands have lost their lives or disappeared. Thousands more have been subjected to torture, rape or other forms of cruel and degrading treatment. Many have died or suffered from the use of chemical weapons. Millions have fled their homes. Homes have been left in ruins. Countless atrocities have reportedly been committed during the protracted conflict by all parties. The Nordic countries continue to hold that the Syrian Government bears the main responsibility for many of the flagrant violations we have seen of international law. Accountability for serious violations of international law, including war crimes and crimes against humanity, is a precondition for a sustainable peace. The perpetrators of atrocity crimes must be brought to justice. That is necessary to ensure justice for the victims, but also to prevent and deter future violations. Ensuring accountability is also an integral part of our obligation to respect and ensure respect for international humanitarian law. We must not let impunity reign in Syria. Accountability rests on evidence. The International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 has a mandate to collect evidence of those crimes, irrespective of the perpetrator. The Mechanism also conducts its own targeted investigations to fill in gaps in the collection of evidence. I want to thank the Head of the Mechanism, Ms. Marchi-Uhel, for today’s presentation of the Mechanism’s report (see A/77/751), which shows clearly that it continues to make progress and deliver on its vital mandate. The Nordic countries highly appreciate all the work that has been undertaken. We welcome the Mechanism’s victim/survivor-centred approach and its close cooperation with civil society. Both are vital to advancing inclusive justice. The Mechanism has built extensive cooperation with other parts of the United Nations system, the Organization for the Prohibition of Chemical Weapons, as well as civil society, and it continues to support and collaborate with an increasing number of States that are conducting criminal investigations or trials under the principle of universal jurisdiction. The Nordic countries welcome the efforts by many States to close the accountability gap in Syria through their national jurisdictions. However, given the magnitude of the crimes documented in Syria, the international community should work together towards a longer-term, holistic solution in order to bring justice for victims. In that regard, we also reiterate our call to the Security Council to refer the situation in Syria to the International Criminal Court. We believe that justice is an integral component of sustainable peace. So far, the impunity for the atrocities committed in Syria has hindered the efforts to resolve the conflict. We reiterate our full support to Mr. Geir Pedersen, the Special Envoy of the Secretary-General for Syria, in his dedicated efforts to proceed with the step-for-step peace initiative. The Syrian Constitutional Committee has to resume its work and move forward on substance. A results-oriented political process with the engagement of all actors is urgently needed. The Mechanism cannot fully perform without collaboration with Member States. We call on all States to cooperate with the Mechanism in terms of information-sharing and to provide it with the necessary operational support. The work of the Mechanism necessitates sustainable and predictable resources. The Nordic countries continue to believe that this can be guaranteed only through adequate funding from the United Nations programme budget. Voluntary funding is also necessary to support the Mechanism, but it cannot replace assessed contributions. We call on all Member States to ensure that the Mechanism has the necessary resources to carry out its vitally important mandate. In conclusion, Mr. President, the Nordic countries remain fully committed to the Mechanism and its mandate.
Costa Rica thanks Ms. Catherine Marchi- Uhel for presenting the ninth report of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, and congratulates her entire team on the great work they have done so far. Let me offer three points in that regard. First, it is crucial that the victims and survivors of international crimes committed in the Syrian Arab Republic, as well as their families, receive justice and truth. To guarantee justice, impartial trials that establish who is really responsible are needed. We learned that lesson at the Nuremberg and Tokyo trials, and we have reinforced the same lesson in Latin America. It is with the confidence of our own regional experience that we hold that the process and results of justice and truth, including the fight against impunity and the interdiction of arbitrariness, are essential to preventing and deterring future violations such as those committed by non-State armed groups, including those designated as terrorist organizations. Every State has a fundamental obligation to exercise its criminal jurisdiction over individuals responsible for international crimes in order to make the link between the investigation, the trial and the punishment a reality. Unfortunately, it is clear that we are a long way from meaningful accountability for these crimes of international concern. To date, almost all who have been prosecuted in Iraq, Syria or their home countries have been prosecuted under anti-terrorism laws, and a large part of those trials have focused on crimes involving travelling to a specific conflict or belonging to a terrorism-related organization. Those are not trivial crimes, but in all honesty, we are not giving victims what they need, which is real and thorough accountability. When we fail to condemn and punish offenders, we undermine the foundations of justice for present and future generations. In that context, Costa Rica recalls the primacy of international humanitarian law and the norms, principles and values of the human rights doctrine, which imply going beyond treating the actors and their acts as terrorists and addressing the most complex questions of accountability on the basis of the applicability of article 3 of the Geneva Conventions and its Additional Protocol II. A more significant effort is needed. Secondly, Costa Rica also recognizes the work being done by local courts in Sweden, Germany and France. In Paris, a court recently ordered the trial of three high-ranking Syrian officials for complicity in crimes against humanity and war crimes, in a demonstration of the increased investigative capacities of the Mechanism to support judicial assistance requests, as well as its structural investigations and its strategic lines of investigation. Thirdly, as a Member State that pays special attention to the ways in which the gender perspective is incorporated into the practice of international law, Costa Rica is pleased to highlight the Mechanism’s gender strategy and implementation plan, which lays the foundations for an approach based on a non-discriminatory orientation in all aspects of its research and analysis. The strategy is a testament to the Mechanism’s commitment to pursuing inclusive justice for victims and survivors, in which any discrimination based on gender does not reduce the prospects for justice, and in which justice is a vehicle to help overcome discrimination. It is a proclamation for inclusion and against discrimination. Costa Rica welcomes the strategic plan and its holistic vision of an inclusive approach to justice focused on victims and survivors in Syria. We welcome the Mechanism’s expanded engagement with civil society organizations in various formats, including the Lausanne process, as well as the dedicated consultations with groups of victims and survivors and the workshops for organizations documenting atrocity crimes of international concern and their positive contributions to the work of the Mechanism. Costa Rica calls for stable and predictable financial support and encourages all interested States parties to the conflict, as well as all international and national, State and non-State actors, to deepen their proactive cooperation with the Mechanism, in particular to advance its investigations. Victims and survivors cry out for justice. They demand clear accountability. Those calls, often silent, cannot and should not be ignored. The question is not whether we should ensure accountability, but when and how we best achieve that goal.
I thank the Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, Ms. Catherine Marchi-Uhel, for delivering her important annual briefing today. The protracted conflict in the Syrian Arab Republic is now regrettably in its thirteenth year and continues to cause unspeakable suffering to millions of people. Recent devastating earthquakes have worsened an already deteriorating humanitarian situation in Syria, with more than 15.3 million people in need of assistance. Flagrant disregard for human life, horrific accounts of sexual and gender-based violence, the plight of missing and disappeared persons and the use of torture, arbitrary detention and denial of humanitarian assistance have all punctuated the continuing conflict. Indiscriminate attacks on civilian infrastructure, including the shelling of villages and the use of cluster munitions on densely populated camps, are utterly reprehensible. So too is the destructive interference of those fuelling the conflict and protecting perpetrators from accountability. The harrowing pattern of international humanitarian law and international human rights law violations in Syria has persisted for far too long. There is no question that a peaceful resolution to the violence in Syria must be accompanied by accountability for the commission of serious international crimes. The perpetrators of those crimes must face justice. We welcome the ninth report of the International, Impartial and Independent Mechanism for Syria (see A/77/751). The advances in the Mechanism’s structural investigation and its provision of greater support to the competent jurisdictions investigating and prosecuting international crimes are positive developments. The increased number of requests for assistance from competent jurisdictions bears testimony to the utility of the Mechanism’s valued expertise. Furthermore, the expansion of the Mechanism’s central repository of information and evidence on the serious international crimes committed in Syria will undoubtedly bolster vital collection and investigative activities. We also welcome the recent strategic plan and its thematic strategies, as part of the Mechanism’s victim/survivor- centred approach to ensuring inclusive justice. In particular, the Mechanism’s gender strategy and implementation plan, with its commitment to gender equality and gender analysis in all aspects of the Mechanism’s crucial work, is a welcome development. It is a model for the work of other accountability and justice mechanisms and initiatives. The intensification of the Mechanism’s engagement and cooperation with civil society actors is helping to represent and defend the interests of victims and survivors. However, we understand that more investigations are needed for the Mechanism to fully achieve its mandate. That is why Australia’s support for the Mechanism’s essential work is resolute and unrelenting. We have always stood, and will always stand, firmly behind its important mission, and we urge all Member States to do the same. Accountability is the cornerstone of justice. Impunity means injustice. Complacency is therefore not an option. The international community must continue its efforts to pursue accountability for the victims of international crimes in Syria.
Mrs. Broadhurst Estival FRA France on behalf of its member States [French] #101227
In addition to the statement made by the observer of the European Union on behalf of its member States, I would like to add several remarks in my national capacity. I thank Ms. Catherine Marchi-Uhel, Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, and her entire team for their remarkable work. The Mechanism plays a key role in collecting, preserving and analysing evidence of crimes committed in Syria. We welcome the progress made during the reporting period, as highlighted in the ninth report of the Mechanism (see A/77/751). We also welcome the courage of Syrian civil society actors who provide absolutely decisive support to the work of the Mechanism. That collaboration is fundamental for achieving the objectives of inclusive justice. It makes it possible to take into account the voices of all victims, including children and victims of sexual violence. The crimes committed in Syria should not go unpunished. Every effort must be made to bring justice to all victims and to hold accountable those responsible for atrocities. That is why France supported the establishment of the Mechanism, as well as its long-term funding, and has concluded an international judicial cooperation agreement with the Mechanism. We will also continue to work within the framework of the Organization for the Prohibition of Chemical Weapons to ensure the condemnation of the use of chemical weapons by the Syrian regime against its population. We recall that France launched and chairs the International Partnership against Impunity for the Use of Chemical Weapons, which today brings together 40 States and the European Union. The Syrian people have suffered brutal and destructive repression for 12 years. The fight against impunity and the achievement of justice are crucial for a political transition in Syria, in accordance with Security Council resolution 2254 (2015). Only the conditions defined by that resolution will pave the way for a lasting peace based on an inclusive and credible political process.
With respect to the discussion under this agenda item, I would like to draw the attention of the Assembly to the following points. We are all cognizant of the fact that the investigation and the prosecution of crimes rest with States and that it is for their respective judicial systems to carry out functions based on domestic laws and the fundamental principles of their domestic legal system. We all know that, where a State having territorial jurisdiction over certain offences deems international cooperation necessary for the administration of justice, as a matter of law and practice, that State can invoke provisions of relevant international legal instruments to which it is party to accordingly seek assistance in conducting the investigation of the crimes and criminals, including by requesting mutual legal assistance. It goes without saying that, even in those circumstances, other State parties to the agreement or convention, including those requested, are not entitled to undertake the performance of functions that are reserved for the authorities of that other State by its domestic law. A fortiori, the so-called Mechanism, termed the “International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011”, has no place among the established and acceptable practices with respect to cooperation on criminal matters. It was not established or mandated by a competent body, and so it cannot be allowed to intervene in the domestic legal proceedings and jurisdiction of the State concerned. The non-consensual resolution 71/248 and the contentious matters reflected therein well evince the fundamental flaws of attempting in the first place to devise a mechanism of the General Assembly that could in no way fall within its mandate or practices. Such a mechanism, which is fraught with legal difficulties, clearly encroaches upon the very prerogatives and domestic jurisdiction of States, and it is therefore in contravention of Article 2 of the Charter of the United Nations. We are of the view that the discussion of legal matters in relation to the Mechanism does not render it legally acceptable, because it remains in violation of the fundamental principles of international law, in particular those of sovereign equality and non-intervention. Notwithstanding the legally disputed nature and existence of such a Mechanism, it is no less regrettable that it even lacks transparency, as it has been the practice in its previous reports to withhold necessary information under the pretext of confidentiality even from the State concerned, which has rightful jurisdiction over the alleged acts. Such a lack of transparency in one way or another casts doubt on the credibility of the Mechanism, for it demonstrates its essentially political nature, in particular given that evidence is presented without any basic criteria for verifying it. It also signifies that the General Assembly does not have the mandate and functionality to create such a Mechanism, since the investigation and prosecution of crimes are generally conducted through specialized arrangements, the requisites of which the General Assembly clearly lacks. In other words, this forum cannot act as if it is an international court, a judicial system or an investigative body. In the light of what I have said, and consistent with our position expressed at previous meetings of the General Assembly held under the same agenda item, my delegation reiterates its principled position of opposing and rejecting the way that the so-called Mechanism was established and continues to work.
I would like to thank Ms. Marchi-Uhel for her briefing, and the entire Mechanism for its consistent efforts aimed at supporting competent jurisdictions in the investigation and prosecution of those responsible for abhorrent crimes under international law committed in the Syrian Arab Republic since March 2011. The briefing as well as the reports of the Mechanism are key instruments that demonstrate and remind us of the scope of the human rights violations committed by the Syrian regime over the past decade. The heinous acts committed by the regime against its own people remain in the hearts and minds of victims and survivors, and it is important that we, the international community, continue to ensure that this remains at the forefront of our efforts to enable those people to obtain a degree of justice and accountability. (spoke in English) I would like to start by asserting Canada’s continuous commitment to, and strong support for, the Mechanism for its critical work to ensure justice and accountability for the victims and survivors of crimes committed in Syria. Accountability is a cornerstone of international justice. We are convinced that accountability for human rights violations and justice for victims and survivors are critical for fostering sustainable peace and lasting reconciliation in Syria, and that the Mechanism is a critical tool for achieving those goals. In that vein, Canada and the Netherlands are closely collaborating to seek justice for the victims and survivors of human rights violations under the Convention against Torture. We are hopeful that our initiative will be an important step towards combating the impunity that has persisted in Syria for well over a decade. Canada appreciates the Mechanism’s readiness to provide information and analysis on that joint Canada-Netherlands dispute with Syria. Recognizing the gendered impact of the Syrian conflict and the disproportionate effect that it has on women and girls, we are pleased to see the Mechanism’s release of its gender strategy and implementation plan, which demonstrates that it remains committed to gender equality as a core objective guiding its work. We also welcome the launch of the Mechanism’s strategic plan for the period 2023 to 2025, which outlines the Mechanism’s pursuit of inclusive justice and accountability for human rights violations, a goal that Canada remains dedicated to supporting. Accountability for those violations also includes accountability for the use of chemical weapons in Syria. Canada is pleased to see close collaboration between the Mechanism and the Organization for the Prohibition of Chemical Weapons (OPCW) to that end. The recent findings of the OPCW report, which hold the Syrian regime responsible for the Douma attack on 7 April 2018, further underscore the importance of pursuing accountability for the war crimes committed in Syria. That brings the number of attributed chemical-weapon attacks by the Syrian regime to nine, while recognizing that represents only a small number of the total number of incidents and more remain to be investigated. Moreover, after 12 years of conflict, thousands of civilians have been arbitrarily detained, often under cruel and inhumane conditions, and more than 100,000 people remain forcibly disappeared. The failure to address and resolve the issue of missing persons in Syria may risk undermining the opportunity to achieve a sustainable peace. Canada remains committed to advocating for justice and accountability in Syria, and we will maintain our steadfast support to that end. Those are the critical components of achieving a just political solution to the conflict in Syria.
I thank you, Mr. President, for convening this meeting in accordance with resolution 77/230, which shows the interest of the General Assembly in the work of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM). I would also like to express appreciation to Ms. Marchi-Uhel, Head of the IIIM, and her team for their efforts, including the preparation of its ninth annual report (see A/77/751). Since the beginning of the Syrian crisis, the State of Qatar has been committed to humanitarian and legal questions, as shown by our humanitarian contributions and our support for accountability. My country is convinced of the important role of truth, justice and accountability in putting an end to impunity for serious international crimes and violations of international law, regardless of the perpetrators, with a view to promoting reconciliation, stability and lasting peace. In that regard, we believe that the IIIM is a key international body with a clear mandate. It is working to ensure ethical and legal responsibility with respect to the victims of international crimes under international law, international humanitarian law and international human rights law. The ninth report of the Mechanism sheds light on its sincere efforts to conduct investigations and process material in the central repository of information and evidence in order to facilitate accountability activities. It also sheds light on the continuing progress in the number of requests for assistance it receives and the number of investigations for which assistance was provided. The report also highlights key frameworks of cooperation with civil society, as well as coordination and awareness-raising activities. We welcome the strategic plan for the period 2023 to 2025 adopted by the Mechanism, especially the fact that it reaffirms the principles of neutrality, independence, inclusive justice and a victim-survivor-centred approach. We would like to note the importance of the Mechanism and its contribution to the efforts to address the tragedy of missing persons in Syria, including by providing information on their fate. Efforts have also been made to create a new body dedicated to shedding light on the fate of missing persons and helping victims survivors and their families. We reaffirm the need for Member States and other international organizations to provide continued support to the Mechanism through predictable and adequate financing under the regular budget. The goal is to bolster the credibility and independence of the Mechanism. With respect to voluntary contributions, as mentioned in the strategic plan, in January my country increased its contributions by $300,000, which will be added to our contributions of $2 million. In conclusion, the State of Qatar reaffirms that the best way to ensure lasting peace is through a political settlement based on international consensus, including through the Geneva communiqué (A/66/865, annex) and Security Council resolution 2254 (2015). That will help to meet the legitimate aspirations of the brotherly Syrian people in order to maintain the unity, sovereignty and independence of the country.
During the past 12 years, the Syrian people have suffered tremendous harm as a result of illegal invasion, foreign occupation, terrorism and unilateral coercive measures. The international community should learn from those lessons and increase its efforts to promote a political settlement of the Syrian issue. First, the future of Syria must be decided by the Syrian people themselves. China supports the good offices of the United Nations, in accordance with Security Council resolution 2254 (2015), and continues to promote a Syrian-led and Syrian-owned political process, in which the purposes and principles of the Charter of the United Nations must be adhered to and the sovereignty, independence, unity and territorial integrity of Syria must be respected. Secondly, the international community, especially the countries of the region, should play an active role in the political settlement of the Syrian issue. We welcome the normalization of relations between Syria and Saudi Arabia and their mutual visits, as well as the meeting of the Foreign Ministers of nine Middle Eastern countries on Syria’s return to the League of Arab States. We look forward to its early return to the League and the constructive role of the League and the countries of the region concerned in resolving the Syrian issue. Thirdly, unilateral sanctions must be lifted. Illegal unilateral sanctions have exacerbated the economic woes of Syria, in gross violation of the most basic human rights of the Syrian people, including their right to survival, development and health. We also noticed that the countries concerned announced a temporary relaxation or suspension of those sanctions against Syria following the earthquake. However, they cannot hide the systematic damage caused by long-term unilateral sanctions, let alone eliminate the serious humanitarian crisis they have caused. The full and unconditional lifting of the illegal unilateral sanctions against Syria is key to resolving the humanitarian crisis and improving the human rights situation in Syria. China consistently opposes any violation of international humanitarian law or of human rights and advocates that all parties in Syria abide by international law, including international humanitarian law. In addressing impunity, it is important to respect the judicial sovereignty and ownership of the country concerned, and efforts should help serve the overarching direction of a political settlement. Actions in the framework of the United Nations should help maintain unity among Member States and help all parties in Syria enhance mutual trust and build consensus. Discussions on accountability should not be politicized. Persistently imposing sanctions and pressure on the Government concerned will in no way help solve the problem, but it will only prolong the suffering caused by the crisis. China’s position on the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 has remained unchanged. The establishment of the Mechanism was marked by controversy and occurred without adequate consultation with the country concerned, or the support of its Government. Member States also hold different views on the work and reports of the Mechanism. China does not support the inclusion of the work of the Mechanism in the United Nations regular budget.
The international community has borne witness to 12 years of atrocities in Syria. as violence and violations of the fundamental norms of international law have persisted with relative impunity. Just recently, the Investigation and Identification Team of the Organization for the Prohibition of Chemical Weapons concluded that there are reasonable grounds to believe that the Syrian Arab Air Force was the perpetrator of the chemical-weapons attack in Douma. During the course of the conflict, more than 300,000 civilians have lost their lives, millions have fled their homes and many families face the uncertainty of missing loved ones. The humanitarian crisis in Syria was tragically amplified in February earlier this year by a devastating earthquake. The need to hold perpetrators of atrocity crimes to account for their crimes is as clear now as ever, both for the countless victims and survivors of those crimes and for the international community as a whole. The regular reports of atrocity crimes committed as part of the aggression against Ukraine serve as a stark reminder of the importance of reinforcing our commitment to the rule of law. When impunity becomes the default response to international crimes, perpetrators are dangerously emboldened to journey further away from the rules we have established for peaceful coexistence. The same actors that fostered impunity for atrocities in Syria now seek to benefit from impunity in respect of their own transgressions. In 2016, the General Assembly took an important step towards ending that culture of impunity, stepping into the breach in the face of ongoing inaction in the Security Council. Liechtenstein was proud to have introduced the resolution (71/248) that would lead to the creation of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM), which demonstrated the Assembly’s common commitment to ensuring accountability for the most serious crimes under international law. As highlighted in its report (see A/77/751), the IIIM has demonstrated its valuable role as a justice facilitator in the accountability ecosystem for the most serious crimes committed in Syria. The IIIM is developing an important repository of information and evidence through its frameworks for collaboration with other stakeholders and its own proactive collection activity efforts. The IIIM has been able to respond to requests for assistance in relation to 130 distinct investigations conducted at the national level. We commend the IIIM’s work to date and thank Ms. Catherine Marchi- Uhel for her capable leadership. We also welcome the steps taken by the Mechanism in the past year to operationalize its commitment to putting victims and survivors at the centre of its work and to strengthen its engagement with civil society organizations. At the time of its creation, the IIIM represented a novel model for advancing accountability, which has stood the test of time and has been successfully replicated by the Human Rights Council as an accountability mechanism for the situation in Myanmar. There has also been growing interest in creating a standing body based on the mandate and working methods of the IIIM. The importance of the Mechanism’s ongoing work in Syria has been affirmed by the decision to secure its funding through the regular budget of the United Nations. We welcome the continued support of the Mechanism through sustainable funding from the regular budget moving forward. The IIIM, however, is only a partial answer to the accountability challenges we face in Syria, and indeed in other contexts. The IIIM is not a court. We thank the States that have taken on an important role within the accountability ecosystem by undertaking criminal proceedings in their national courts on the basis of the principle of universal jurisdiction, as exemplified in particular by the cases successfully concluded in Koblenz, Germany. The exercise of universal jurisdiction in such cases has proved to be an important  — although incomplete  — antidote to the accountability deficit resulting from the failure of the Security Council to refer the situation in Syria to the International Criminal Court, an effort that was blocked by the veto of two permanent members despite the overwhelming support of a majority of the membership of the Organization. We continue to call upon the Council to exercise that important function. The success of the IIIM is an important reminder of the essential role that the General Assembly can play in advancing accountability. We must maintain that commitment to accountability when faced with other challenging situations in which the Council is deadlocked, and in continuing to engage with the situation in Syria going forward. As Syrian civil society has emphasized time and again, a sustainable peace in Syria must be built on the foundation of justice for past atrocities. As an international community, we must heed that call in Syria and elsewhere.
The Syrian people have suffered horrific abuses during more than 12 years of brutal war at the hands of the Al-Assad regime and at the hands of the Islamic State in Iraq and the Levant, also known as Daesh, and other terror groups. A sustainable end to the conflict in Syria will require accountability for the atrocities committed, some of which have risen to the level of war crimes and crimes against humanity. Syria cannot achieve reconciliation while criminals continue their abuses with impunity. Accountability requires dedicated effort, and the United States hails the work of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM) in support of investigating and prosecuting those crimes. The IIIM’s experts have made remarkable strides in collecting, consolidating, preserving and analysing evidence of international humanitarian law violations and human rights violations and abuses. That grim record cannot be erased by time or by regime propaganda. Perpetrators of murder, kidnapping, torture, sexual violence and other crimes can be held to account with that evidence. The IIIM’s focus on inclusive justice is essential, as it recognizes the suffering and harm of women, which are distinct from those of men and must be reckoned with. The IIIM’s commitment to seeking justice for children, whose harrowing experience in the war cannot be overstated, will also help the Syrian people recover from a decade of trauma. The IIIM’s work has already paid considerable dividends. Evidence shared with national courts has led to convictions and indictments of regime members who have committed horrific crimes, including the recent indictment of three Al-Assad regime officials in France. We look forward to more investigations and prosecutions — possibly even here in the United States thanks to the Justice for Victims of War Crimes Act that President Biden recently signed into law. That historic new law allows the United States to prosecute war crimes committed anywhere, regardless of the nationality of the alleged offender or victim, if offenders come to the United States. We thank the Head of the IIIM, Ms. Catherine Marchi-Uhel, and the dedicated professionals of the IIIM for their work. We also thank the brave Syrians who have come forward, at great personal risk, to share information about the crimes committed in Syria. We welcome the publication of the IIIM strategic plan. That impressive document lays out a vision for a professional, victim-centred approach to delivering justice, with a clear view of the long-term nature of the pursuit of accountability. The United States supports the continued work of the IIIM and urges all who value justice and accountability to reaffirm the mandate of the IIIM and support its continued inclusion in the regular budget. We also urge States to make voluntary contributions to allow the IIIM to complete the full range of its mandate and serve the growing number of requests for assistance.
Switzerland thanks the Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 for the presentation of its report (see A/77/751) and congratulates the Mechanism for its substantial results and progress made, as well as for the elaboration of its strategy for the period 2023 to 2025. There will be no lasting peace in Syria without justice for all victims. That call was made recently by a representative of Syrian civil society. Switzerland agrees with that position: after 12 years of conflict, all Syrians have been confronted with human rights violations. If a common future for all Syrians is to be conceivable, it is imperative that justice be done. In that context, the Mechanism is an indispensable tool to achieve that goal, which is why Switzerland has supported its establishment from the outset and continues to fully support it. Allow me to highlight three main elements. First, since its establishment, the Mechanism has positioned itself as a key player in the field of accountability in Syria. Now supporting nearly 15 national jurisdictions, the work of the Mechanism serves as a model for many other contexts. Behind the results announced by the Mechanism in its latest report, two aspects of the Mechanism’s approach particularly resonate with Switzerland’s priorities in Syria: its victim-centred approach to justice, which aims to reduce the suffering of victims and take their needs into account, and its impartial approach to justice, which recognizes the responsibility of all parties to the conflict in Syria. Secondly, the participation of civil society is essential to support the work of the Mechanism. In Syria, those organizations play a crucial role in documenting the crimes committed, especially as neither the Mechanism nor the Human Rights Council’s Commission of Inquiry has access to Syrian territory. In that context, Switzerland and the Netherlands continue to support the collaboration between the Mechanism and Syrian civil society organizations through the Lausanne process. Thirdly, Switzerland welcomes the Mechanism’s engagement on missing persons in Syria and its participation in the discussions on the establishment of an institution dedicated to that issue. For Switzerland, the search for missing persons and the support to the families of the victims is a foreign policy priority in Syria. With regard to the establishment of a new institution, Switzerland recalls the importance of adopting a humanitarian approach, not duplicating existing efforts and cooperating with existing organizations, including the Mechanism. Switzerland will continue to provide political and financial support to the Mechanism. In view of its growing needs for the implementation of its 2023 to 2025 strategy, my country has made a voluntary contribution to the Mechanism for the years 2023 to 2024 and calls on all Member States to join those efforts. Society and victims in Syria are counting on our commitment to justice and peace in Syria.
Mrs. González López (El Salvador), Vice-President, took the Chair.
I thank Ms. Catherine Marchi-Uhel, Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM), for her briefing. The Syrian crisis is entering its thirteenth year, with no political resolution in sight. More than half of the population remains displaced, and more than 100,000 people are missing. On top of that, the earthquakes in February devastated a land already scarred by war. The suffering of the Syrian people is beyond measure and must be addressed by the global community. The world cannot ignore the international crimes and human rights abuses that have been perpetrated during the conflict. Ensuring accountability is essential, not just to provide justice to the victims but also to prevent future violations in Syria and beyond. A failure to hold perpetrators to account would have ripple effects worldwide and would seriously undermine the stability and prosperity of the international community under the rule of law. Japan firmly believes that the IIIM has played a critical role in combatting impunity and laying the foundation for inclusive justice since its establishment in 2016. The Mechanism is a vital component of assisting the investigation and the prosecution of the core international crimes committed in Syria since March 2011. We welcome the IIIM’s progress during the past year in implementing its mandate. We also welcome its new comprehensive, multi-year strategic plan to serve broader justice objectives, including clarifying the fate and whereabouts of missing persons. In that vein, Japan appreciates the report of the Secretary-General proposing to establish a new international body to address the issue of missing persons (A/76/890), and we will constructively engage in discussions on that recommendation in order to ensure that the proposed body will effectively serve its objectives. We also applaud the Mechanism’s victim/survivor- centred approach and its extensive cooperation with Syrian civil society to collect evidence of violations of international humanitarian law and human rights abuses and to facilitate fair and independent criminal proceedings. The Syrian people have suffered for far too long, and they deserve to see a glimpse of peace on the horizon. Japan is committed to playing its part in supporting international efforts towards achieving a political solution in line with Security Council resolution 2254 (2015), which remains the best pathway to peace and stability in Syria.
The delegation of the Democratic People’s Republic of Korea would like to take this opportunity to clarify its position with regard to the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM). We reaffirm our consistent position against the establishment and activity of this Mechanism, as it is a clear violation of the purposes and principles of the Charter of the United Nations, as well as of respect for sovereignty, territorial integrity and non-interference in internal affairs, which are the basic principles of international relations. We note that the adoption of resolution 71/248, on the establishment of the Mechanism, was non-transparent and non-consensual. It is well-known that legal technical assistance by the United Nations to any Member State should be provided in accordance with a request by the State concerned. However, that resolution was adopted without prior consultations with, or the consent of, the State concerned. Furthermore, based on the principles and relevant articles of the United Nations Charter, the General Assembly does not have the mandate to establish any investigative or judicial organ, as that mandate was absolutely vested in the Security Council. Consequently, the adoption of the resolution on the establishment of the Mechanism constitutes a precedent of approving an abnormal practice in the framework of the United Nations. The establishment of the Mechanism is nothing but a typical example of politicization, double standards and selectivity on human rights. From the early days of its establishment, the Mechanism, which advocates independence and impartiality, has been engaged only in interfering in the internal affairs and overthrowing the social system of Syria, while carrying out its activity based on fabricated information and false testimonies offered by hostile forces. Nothing can justify the act of allowing that illegal Mechanism to carry out its activity under the United Nations umbrella and sponsoring and funding its activity from the United Nations regular budget. The United Nations should give priority to supporting and promoting a political settlement in Syria. The United Nations should not be subjected to political pressure by some Western countries under any circumstances, and must preserve its impartiality, objectivity and credibility as a facilitator of the process of seeking a political solution to the Syrian issue. The Democratic People’s Republic of Korea extends its unwavering support for, and solidarity with, the Government and the people of the Syrian Arab Republic in their struggle to defend the country’s sovereignty and territorial integrity, ensure the genuine human rights of the people and fight against all impure attempts at intervention by outside forces. In conclusion, my delegation hopes that the Syrian issue will be addressed in a peaceful way by political means, without any interference and in conformity with the demands and interests of the Syrian people.
Italy aligns itself with the statement delivered by the observer of the European Union. At the outset, we would like to thank Ms. Marchi- Uhel for presenting the ninth report (see A/77/751) of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM). Syria continues to represent one of the worst security and humanitarian crises of the past decade, with devastating consequences reverberating in the whole Middle East and beyond. The recent earthquakes, which affected vast areas in the country, have further aggravated the humanitarian situation. We wish to stress once again that those who have been suffering most have been the Syrian people. In particular, they have been suffering human rights violations on a systematic scale, often as a result of attacks on civilians and civilian infrastructure perpetrated in breach of international humanitarian law. The only way out of such a prolonged crisis is to make progress on the implementation of Security Council resolution 2254 (2015) and, based on its provisions, to chart a path towards a peaceful solution to the conflict. We therefore fully support the efforts of the Special Envoy of the Secretary-General for Syria, Mr. Geir Pedersen. In that context, we are convinced that lasting peace in the country can be ensured only through accountability for the most serious crimes committed by any party during the conflict, in particular war crimes and crimes against humanity. That is not only a moral imperative but also a deterrent for future violations and a fundamental element of any reconciliation process. Impunity should end. Justice for victims is an essential condition for establishing a sustainable peace in Syria. It is in that spirit that Italy strongly supports the IIIM and has done since its inception. Together with the other United Nations bodies established for the purpose of accountability in Syria, such as the Commission of Inquiry and Investigation and Identification Team of the Organization for the Prohibition of Chemical Weapons, it is a key mechanism for the collection, consolidation, preservation, analysis and sharing of evidence of grave violations of human rights law and international humanitarian law. Italy is particularly appreciative of the progress achieved by the Mechanism during the reporting period, and welcomes the increasing cooperation between the Mechanism and national authorities in investigating and prosecuting the gravest crimes committed in Syria. Recent national prosecutions and judgments show that the impunity gap is narrowing. Italy has consistently held that domestic prosecutions and trials should be complemented by the referral of the situation in Syria to the International Criminal Court. It is unfortunate that such a referral has been flouted by the threat or actual use of the veto by two of the permanent members of the Security Council. The pattern observed in Syria in recent years has been a shocking one, with indiscriminate violence that often targets the most vulnerable groups, such as women, girls, children and minorities. Italy remains also deeply concerned about the large number of extrajudicial executions and missing or illegally detained persons, as well as about the cases of torture and gender- based violence occurring in detention centres. In that context, Italy wishes to express its appreciation for the efforts made by the Mechanism to develop thematic strategies focused on those vulnerable categories using a victim/survivor-centred approach. Cooperation with civil society organizations, within and outside Syria, is of paramount importance in that respect. Inclusive justice for the Syrian people can be achieved only if the perspectives of those who have suffered the most from the conflict are taken onboard. Finally, let me take this opportunity to reiterate that Italy supports the funding of the IIIM through the regular United Nations budget and through voluntary contributions. It is of the utmost importance that the Mechanism can count on a regular United Nations financial endowment in order to plan and progress in its work. Italy will continue to support the regular and adequate provision of funds for the Mechanism within competent United Nations bodies.
I thank Ms. Catherine Marchi-Uhel, Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM), for her informative briefing. Ireland associates itself with the statement made by the observer of the European Union. For more than 12 years, the people of Syria have had their demands for democracy and human rights mercilessly repressed by the Syrian regime and other actors such as the Islamic State in Iraq and the Levant. Many of those acts of repression have constituted war crimes and crimes against humanity, including the shocking and deplorable use of chemical weapons on multiple occasions. Ireland condemns those heinous acts and regrets that for far too long their perpetrators have been able to act with impunity. It is against that dire backdrop that we welcome the publication of the ninth report of the Mechanism (see A/77/751). We note that it continues to make an invaluable contribution towards justice for victims in Syria. Through its important work in gathering extensive and detailed evidence of crimes, the Mechanism has demonstrated that it is an essential vehicle for ensuring accountability. We particularly welcome the progress documented in the report with regard to the continuing cooperation with numerous investigative, prosecutorial and judicial authorities in competent jurisdictions. That has proven to be the most effective way to date of addressing the current impunity gap in Syria itself. Ireland continues to support the Mechanism’s efforts to support the role of civil society in documenting human rights abuses in Syria. That is of particular importance following the tragic earthquakes that occurred in the region in February, which caused further social disruption and displacement of people. As civil society organizations face new difficulties related to resourcing and capacity, the Mechanism’s sustained engagement with such groups will foster active participation leading to inclusive justice. Furthermore, we welcome the Mechanism’s gender strategy and implementation plan, which will help address the disproportionate number of violations against women and girls. The situation of detainees and missing persons remains one of the greatest tragedies in the Syrian conflict. Ireland notes with approval how the Mechanism’s ninth report has engaged on that issue, as well as how the Mechanism looks ahead to areas of potential for assistance to the new institution proposed by the Secretary-General in his report of 2 August 2022 on missing people in the Syrian Arab Republic (A/76/890). We welcome the Mechanism’s commitment to effectively assist that new institution, which will help provide much-needed support to traumatized victims and families. Ireland believes that in Syria, as elsewhere, there can be no peace without justice and no reconciliation without accountability. The best means of ensuring accountability and justice for the gross violations that have taken place is by way of referral of the situation to the International Criminal Court. We regret that the Security Council remains unable to make any progress on accountability in Syria, and therefore the work of the Mechanism is vital in progressing the prosecutions of several individuals in national jurisdictions. Finally, Ireland continues to strongly support the funding of the work of the IIIM through the regular budget of the United Nations. That stability is essential for the Mechanism to work efficiently and to make justice a reality.
Albania aligns itself with the statement made by the observer of the European Union. We welcome today’s debate on the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, as it allows us to see where we stand in our common endeavor to deliver justice in Syria. We extend our thanks to Ms. Catherine Marchi-Uhel and her team for their work and for the ninth report (see A/77/251). We are encouraged by the progress made by the Mechanism during the reporting period and the pursuit of the rights-based, victim/survivor-centred structural and intersectional approach. The readiness shown to consult and coordinate with relevant actors, especially Syrian civil society actors, and the work done in assisting national investigations are commendable. The increasing number of requests for assistance from 15 jurisdictions is an important indicator of the valuable work delivered by the Mechanism and the huge need for justice in Syria to hold individuals accountable for serious crimes. We strongly support the Mechanism and call on everyone to put pressure on the Al-Assad regime to cooperate in good faith and do everything possible, individually and collectively, to deliver the long- awaited justice for millions of Syrians. That is why we also support the establishment of a new institution to clarify the fate of the missing in Syria. We must do all we can to bring the perpetrators of gross violations to justice, wherever and whoever they are. We do so in the firm belief that Syria can never recover without transitional justice and full accountability for all the crimes committed, which are a necessary condition for finding a lasting resolution to the conflict, in line with Security Council resolution 2254 (2015). Albania will continue to use its voice in the Security Council to fight impunity for atrocities committed in Syria, including by referring the case to the International Criminal Court.
I would like to start by thanking the Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, Ms. Marchi-Uhel, for presenting the ninth report of the Mechanism (see A/77/751). New Zealand appreciates the opportunity to discuss the important work of the Mechanism at this plenary meeting of the General Assembly. Like others who spoke before us today, New Zealand reiterates its strong support for the Mechanism and the essential work it continues to do in pursuit of justice and accountability. We continue to stress the importance of working collectively against impunity for the atrocities committed in Syria, as well as the critical role of the Mechanism in those efforts and in seeking accountability. If there is no justice for the victims of the most serious crimes committed in the Syrian Arab Republic, the rule of law and its fundamental importance will be eroded for everyone. The rule of law, accountability and respect for the basic tenets of international law are particularly important to reflect on and protect for those reasons. New Zealand is pleased to observe from the Mechanism’s report that progress is being made towards the fulfilment of its mandate, both aspects of which we see as very important to achieving justice for victims. New Zealand takes the increase in the number of requests for assistance from the Mechanism as an indication of the tangible value of its work and the trust placed in it by investigative, prosecutorial and judicial authorities. We commend the Mechanism’s growing collection of evidence with the assistance of new technologies and digital platforms and welcome its expanding engagement with States, international organizations and civil society. That includes the collaboration between the Mechanism and the Organization for the Prohibition of Chemical Weapons aimed at ensuring accountability for the use of chemical weapons in Syria, which has been documented by independent, impartial reports. We further welcome the commitment by the Mechanism to a holistic and inclusive approach to justice as a key objective towards which its efforts are oriented, including through the integration of thematic gender, children and youth strategies into its work, and as reflected in the Mechanism’s new strategic plan. We welcome the application of that approach in the inquiry into crimes by individuals associated with the Islamic State in Iraq and the Levant. As the report makes clear, the scale and importance of the work to be undertaken by the Mechanism are immense. We will continue to follow the work of the Mechanism closely, and it can count on New Zealand’s full support.
Our General Assembly continues to be subject to the politicization, double standards and selectivity that Western countries use to target sovereign and independent countries. The creation more than six years ago of the supposed International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, without either consulting or cooperating with the Syrian Arab Republic, is evidence that the General Assembly acted beyond the powers conferred on it by the Charter of the United Nations, in violation of the law and the principles of the sovereignty and sovereign equality of all Member States and of non-interference in States’ internal affairs. It is essential that the United Nations preserve its neutrality and credibility as a facilitator of a process of justice and accountability, led by the Government of the Syrian Arab Republic, which has demonstrated that its legal and judicial institutions are fully capable of acting without outside interference or political and financial pressure. It is worrisome that the Mechanism continues to receive financing for its operation, which makes us wonder if the resources of our Organization are being used for the benefit of Member States or for isolating them or enabling aggressions and hostilities against their peoples. Member States should be acutely aware of the serious precedent being created and the budgetary, legal and political implications of the biased attempts to further promote the Mechanism. Nicaragua reaffirms its total solidarity with the people and Government of our brother nation of Syria and rejects this misnamed international Mechanism. Nicaragua voted against the controversial and politicized Mechanism at the time of its creation, because as a people who love peace and respect international law and human rights, we do not recognize or accept initiatives that violate our peoples’ sovereignty, especially reports and mechanisms that lend themselves to selectivity and the politicization of human rights. It is troubling to read that this supposed Mechanism openly claims to collaborate closely with so-called civil society, both in its collection of evidence and information crucial for its operation and in meetings in Western countries, while completely ignoring the achievements and progress made by this brother nation in all areas and in totally adverse situations. We emphasize the importance of using these spaces to promote greater cooperation and collaboration with the people and the Government of Syria, ending the policies and the imposition of terrorist, illegal, criminal and inhumane unilateral coercive measures, which are nothing less than attacks that have disastrous effects on the lives and livelihoods of the Syrian people and hamper the work of the United Nations and its agencies in Syria. If the international community is truly interested in addressing the situation in Syria, it should take a constructive and objective humanitarian approach that demands an end to attempts at hostile, isolating and unilateral policies, with a view to creating an environment that is conducive to a Syrian-owned and -led political solution, without external interference — an approach that can lead to the restoration of our brother country’s security and stability, enabling it to rebuild what has been destroyed by terrorism, interventionism and external aggression and ensure the voluntary and dignified return of displaced persons and refugees to their homes. We reiterate our call to intensify efforts at the national, regional and international levels in support of Syria’s development, reconstruction and the ability of its people to live in peace, as decided by the Syrian people.
The Bolivarian Republic of Venezuela is committed to the fight against impunity and to accountability in the light of the most serious crimes, including crimes against humanity whose brutality and magnitude violate human dignity and the fundamental values of our societies’ coexistence. That is why my country is actively fighting against impunity for such crimes, not only in order to guarantee the maintenance of international peace and security but also to preserve and strengthen the rule of law both nationally and internationally. With regard to the subject that brings us together today, let us recall that the Bolivarian Republic of Venezuela voted against resolution 71/248, which led to the irregular and controversial establishment of a mechanism that contradicts and flagrantly violates the purposes and principles enshrined in the Charter of the United Nations, as well as the most fundamental norms of international relations. In that regard, we also want to point out that by establishing the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, the General Assembly was forced by a circumstantial majority to usurp the competence of the Security Council, which is the only United Nations body authorized to establish investigative mechanisms or tribunals with compulsory legal authority over individuals and States. In addition, the General Assembly is currently exercising functions regarding the situation in the Syrian Arab Republic. The Mechanism, which claims to be carrying out tasks required of a judicial or investigative body and does not recognize the primary responsibility that sovereign States have to investigate and prosecute those responsible for any crime that may have been committed on their national territory, and which was broadly rejected by the State concerned, establishes a negative precedent for the work of the General Assembly. Through resolution 71/248, the General Assembly has attempted to establish a Mechanism with competences that only correspond to a judicial or investigative body. That is why the hypothetical proof that might be gathered during its work has no validity or legal basis for potential criminal proceedings on Syria, whose national institutions have the legal capacity to provide justice and guarantee accountability for atrocity crimes. As such and without exaggeration, we can say that we are confronted with an inquisition that, under a mandate of supposed justice, is actually attempting to advance the political agenda of a small number of Governments that seek to exert pressure on the Syrian Government, violating, among other things, the principle of non-interference in the internal affairs of States. The Bolivarian Republic of Venezuela rejects any attempt to legitimize that destabilizing operation, including through financing, and particularly with resources from the regular budget of the Organization. What we have here is a clear example of the selectivity and double standards that we have become accustomed to seeing from the Western Powers, in particular when it comes to human rights. Those same Powers today impose, in a criminal, systematic and deliberate way, measures of economic terrorism in order to asphyxiate the same Syrian people whom they say they want to provide with justice. That so-called Mechanism, which was corrupt from its inception and financed by voluntary contributions from donor countries, is not impartial or independent, because it responds to the malicious national interests of other actors, and not the interests of the Syrian people. Its reports, which lack methodological rigour and are based on secondary sources, including third- party sources, demonstrate that. The Bolivarian Republic of Venezuela calls for an end to the attempts to instrumentalize the General Assembly in order to attack independent and sovereign States. If we are really interested in bringing about lasting, sustainable peace in Syria, which will make it possible to guarantee the well-being of its people, then we must put aside those divisionist approaches, which can complicate the situation and even threaten to compromise the neutrality and impartiality of the United Nations in its role as facilitator of the political process in Syria, which we are called upon to support as responsible members of the international community. If the desire is truly to provide justice, then that Mechanism should document, using the extensive evidence that is available, the serious crimes committed over the past 40 years: the plethora of systematic, cruel and inhumane coercive unilateral measures that have been inflicted on the Syrian people. The best demonstration of justice is not just the complete and immediate lifting of those so-called sanctions, but also accountability for the crimes committed deliberately against the Syrian people for those who encourage and implement them. In conclusion, we hope that in the future we will be able to work in a consensual way on initiatives aimed at achieving the essential goal of peace and stability in Syria, making it possible for us to support the efforts under way, in favour of national reconciliation and a political solution through a Syrian-owned political process, without interference of any kind and reflecting the letter and spirit of the Charter of the United Nations.
Mexico is pleased to see you, Madam President, presiding over this meeting. Mexico thanks Ms. Catherine Marchi-Uhel and the team of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM) for presenting the ninth report of the Mechanism (see A/77/751). We recognize the work of the IIIM in its six years of operation, in particular the advances in terms of cooperation and innovation in the area of investigation. The increase in requests for assistance demonstrates that its investigative mandate and its role as a central repository of evidence are pertinent and necessary for accountability. In the past year, the IIIM has also continued to show innovation. Many technological and data analysis tools have been important in identifying and documenting lines of inquiry, such as chemical-weapon attacks. That is why, in addition to cooperation with State authorities, we stress the importance of continuing to work closely with the other mechanisms created to investigate and contribute to accountability for crimes committed in Syria, such as the Investigation and Identification Team of the Organization for the Prohibition of Chemical Weapons and the Commission of Inquiry of the Human Rights Council. Coordination among all those mechanisms, as reflected in the ninth report, is essential to avoid duplication and overlap and to maximize resources. On the other hand, we welcome the growing interaction with civil society actors. An example of that is the accountability workshop. Those types of initiative reinforce direct communication with that important sector, which is beneficial for the victim- centred approach. We urge the IIIM to continue that work, with particular emphasis on groups that represent women, girls, boys and disappeared persons. In the same way, we take note of the strategic plan for the period 2023 to 2025 and the progress made with regard to the gender strategy. The 12 years of conflict in Syria have caused irreparable losses and suffering for the population, as well as deep wounds in the social fabric. We note with concern that the humanitarian situation continues to deteriorate, with already more than 15.3 million people requiring humanitarian assistance to survive. The earthquakes of 6 February are a reminder of the urgency of addressing that humanitarian crisis, which is one that the international community should be concerned about. We reiterate Mexico’s position that there is no military solution; instead, the way to overcome the many humanitarian and political challenges is dialogue based on the road map outlined in Security Council resolution 2254 (2015). All efforts aimed at accountability and the fight against impunity are undoubtedly necessary and welcome. The fight against impunity must be a pillar for the political process to be successful. For that reason, Mexico reaffirms its support for the Mechanism and the fulfilment of its mandate, and reaffirms in particular the importance of continuing to provide the budget required for it to efficiently carry out its work, which is helping to close the gaps of impunity in favour of the victims.
At the outset, my delegation would like to emphasize that our participation in today’s meeting and the overall debate about the so-called International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM) should not in any way whatsoever be interpreted as a recognition on our part of the mandate of that Mechanism, the acceptance of its report (see A/77/751) or any readiness to discuss it, or a recognition of the so-called IIIM. The Government of the Syrian Arab Republic reiterates that it disassociates itself completely from the non-consensus-based resolution 71/248, which illegitimately established the so-called IIIM. We do not recognize that illegitimate entity, which was established in an exclusive fashion. That represents a flagrant violation of Articles X, XI, XII and XXII the Charter of the United Nations and is a blatant violation of working procedures. My country’s delegation would like to call upon the Secretary-General and all Member States to once again review the documents and letters addressed by the Syrian Arab Republic to the President of the General Assembly and the Secretary-General, the most recent of which is contained in document A/76/776, on the so-called IIIM, which has addressed clearly the most important legal loopholes and gross, flagrant violations that have underpinned the process of the adoption of resolution 71/248, which established that Mechanism. How long will that illegitimate Mechanism continue to deplete the resources of the United Nations and the contributions of Member States, and how long we will continue to disregard the provisions and principles of the Charter? My country’s delegation will never cease to recall the seriousness of this illegal precedent, introduced by the General Assembly more than six years ago in sheer and flagrant violation of the provisions of the Charter and in an unprecedented challenge to all methodologies and established frameworks of the United Nations. We also have the right to wonder about the purpose of including a discussion of the so-called report of IIIM under the agenda item entitled “Prevention of armed conflict”, because it is, of course, related to international peace and security. What is the legal basis for and legal relevance of establishing such a connection between the work of the so-called Mechanism and this particular agenda item, and to what extent does it actually serve the establishment of an illegitimate Mechanism and the presentation of its illegitimate reports? How is it related to the prevention of armed conflict? This state of upheaval and disorder in terms of procedure has been brought about by mainly by the States that supported the establishment of the Mechanism. They purposefully pushed for it in flagrant violation of the Charter of the United Nations and without giving due attention to the pre-emptive restrictions set out in Article 12 of the Charter, as follows: “While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests”. The same applies to restrictions in Article 11, paragraph 2, of the Charter, which provides that: “The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a State which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and except as provided in Article 12, may make recommendations with regard to any such questions to the State or States concerned or to the Security Council, or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly, either before or after discussion”. Needless to say, neither of the two articles was observed or respected in the aforementioned resolution. I would like to recall once again that my Government did not ask for any technical or legal assistance from the United Nations to establish such a body. Nor were we consulted by the United Nations to obtain our approval to establish the Mechanism. On top of all of that, the General Assembly has gone beyond its mandate and encroached upon the mandate of the Security Council by establishing a body that it does not have a mandate to establish. Therefore, we cannot consider the Mechanism as a subsidiary body established by the General Assembly, and the United Nations shall be prohibited from accepting donations, or even to have regular budget allocations earmarked, for the IIIM or operationalize it. We cannot accept the establishment of that Mechanism or any agreements into which it enters with Member States. We therefore reiterate our firm refusal to hand over to the so-called IIIM any documentation or information provided by the Government of Syria to the United Nations or any other legal international entities related to the situation in Syria, and we emphasize the fact that everything we provide should be considered classified and that access thereto should be limited. In the light of the aforementioned, any information or evidence collected, analysed or restored by the so- called IIIM shall be rendered null and void in any future potential judicial proceedings, including the fact that the mandates assigned to the Mechanism do not have a special temporal jurisdiction and are not defined by any standards or restrictions under the Charter or the established rules of procedure and frameworks. In addition, which is most important, the so-called IIIM relies mainly on information submitted to it by Governments that are enemies of Syria, which have always been keen to politicize human rights issues in order to best serve their own intervention-based agendas, and on information from so-called open sources  — whatever they receive from the terrorist organizations led by the so-called White Helmets organization, which is affiliated by the Al-Nusra Front and Hayat Tahrir Al-Sham, which are listed as terrorist organizations by the Security Council. That compromises the work and credibility of that illegitimate Mechanism. The Syrian Arab Republic has its own long- standing, established legal and judicial national institutions and bodies, which have proved that they are capable of delivering on their functions and duty to ensure justice and support reconciliation efforts, in tandem with anti-terrorism efforts and the restoration of stability and safety for all citizens. It would probably have been a lot better to provide that support for our national efforts, particularly when it comes to capacity- building and improving institutional capacities at the national level, in line with the established, consensus- based methods that have been used ever since the Organization’s inception. That is why my delegation reiterates its call on all Member States, in the light of the established legal arguments and considerations, as included in all our related memos and correspondence, to take the right decision — one that is based on the observance of the purposes and principles of the Charter and the rules of procedure — to refuse to recognize the so-called IIIM and to refrain from cooperating with it or contacting it, including offering any contributions or donations to it or even allowing its funding through the regular budget. We also call the Member States’ attention to the seriousness of the illegal ramifications and political impact of attempts to promote that illegitimate Mechanism in order to prevent it from becoming a legal precedent. That would be disastrous and a misinterpretation of the provisions and principles of international law and would also violate the frameworks established at the United Nations. What the Western states are trying to achieve by using the Mechanism is very obvious from their statements, which clearly reflect the fact that the Mechanism’s purpose is to target the Syrian State, in spite of the fact that its so-called mandate should cover all crimes and violations, irrespective of the identity of their perpetrators. However, the Western States have one clear goal for the Mechanism. That has become a habit for them — to try to abuse international justice as a tool to bring political pressure to bear on Governments around the globe. We fully understand that the enthusiasm demonstrated by those States for international justice is but a form of unmasked hypocrisy, based on their history, which is replete with violations and the most heinous of crimes. The provisions of international justice are null and void when it comes to their own allies or satellite States, with all case files remanded or dismissed so long as they remain obedient criminals. We have numerous examples of the aforementioned, the most recent of which is the halting of the prosecution of Israeli war criminals in Europe under the pretext of a lack of jurisdiction and competence. Finally, we are weary of alerting our Western colleagues as to how to correspond diplomatically within the United Nations and the need to use the official names of States and their Governments. However, they continue to fail to observe such a courtesy.
Slovenia aligns itself with the statement delivered by the European Union and would like to add a few remarks in our national capacity. I should like to thank the Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, Ms. Catherine Marchi-Uhel, for presenting the ninth report (see A/77/751) and for her dedicated and strong leadership since the creation of the Mechanism. The Mechanism continues to demonstrate its value as a justice facilitator and the accountability ecosystem for international crimes committed in the Syrian Arab Republic. It continues to serve as an indispensable tool for the preservation and analysis of evidence and as a necessary link to criminal proceedings in cases of serious breaches of international law committed in the Syrian Arab Republic and thus in bringing us a step closer to addressing impunity. We welcome the progress made by the Mechanism regarding its structural investigation and in providing increased support for the work of the jurisdictions investigating and prosecuting such crimes. Slovenia highly values the Mechanism’s leverage in support of broader justice objectives, in particular efforts to clarify the fate and whereabouts of missing persons, as well as its continued fostering of the active role of victims/survivors in the pursuit of inclusive justice. We call on all relevant stakeholders to continue engaging with the Mechanism. Joint investigative teams and cooperation with Syrian civil society are important to facilitating justice and paving the way for progress in national jurisdictions. In that respect, we welcome the Mechanism’s further expansion and diversification of its engagement with civil-society actors and the bolstering of its rights- based victims/survivors-centred approach, which is given concrete expression through dedicated thematic strategies on gender, children and youth. However, despite its success, the Mechanism remains only a partial answer to the accountability challenge of the Syrian conflict. While the Mechanism continues to demonstrate its value as an effective justice actor, it is, of course, not a court. A crucial void therefore remains to be filled. Several States have stepped up and have undertaken criminal proceedings in their national courts based on the principle of universal jurisdiction. Those proceedings represent a step forward towards closing the impunity gap. However, more is needed to ensure justice for the victims of the Syrian conflict and beyond. To ensure accountability for the international crimes committed in Syria, we reiterate our call on the Security Council to take effective action and to refer the situation in Syria to the International Criminal Court in order to ensure that all victims receive justice. In conclusion, the Mechanism’s creation constitutes a collective commitment to ensuring credible and comprehensive accountability. Impunity for atrocities is not acceptable, and perpetrators should be held accountable. Slovenia has been supporting the Mechanism since its inception and will continue to support it in its role as a justice facilitator and in pursuit of inclusive justice in the conflict in Syria.
Croatia aligns itself with the statement of the European Union, and I would like to add some remarks in my national capacity. We thank the Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM), Ms. Catherine Marchi-Uhel, for her presentation of the report (see A/77/751) to the General Assembly. Croatia supports the Mechanism and its work in promoting current and future accountability efforts. We welcome the progress made as well as the IIIM strategic plan for 2023-2025 and the victims/survivors-centred approach that the Mechanism is pursuing. The IIIM is indispensable in pursuing accountability and facilitating inclusive justice for the most serious crimes committed in the Syrian Arab Republic since March 2011. Its importance goes beyond the crimes committed in Syria, as it represents a blueprint for accountability efforts in other situations as well. Likewise, the data gathered by the Mechanism will be used not only to bring justice but also to find the missing, which is one of the preconditions for sustainable peace and stability. We welcome the cooperation in that area with civil- society organizations and organizations of families of the missing and are pleased to see that cooperation and their contribution acknowledged and reflected in the report of the IIIM. Today the truth can no longer be hidden. It is carried by those forced to flee; it is filmed on smart phones; it is documented now more easily than ever, and it will come out. There should be no impunity for the crimes committed in Syria. Croatia endorses the continuous calls on the Security Council that the situation in Syria be referred to the International Criminal Court. Individual criminal responsibility must be established. We stress the need to seek accountability through the investigation and prosecution of persons responsible for the crimes committed, noting that, according to the reports of the Independent International Commission of Inquiry on the Syrian Arab Republic, all sides were involved in the commission of war crimes, and some of them in crimes against humanity as well. We urge all parties to make every possible effort to prevent further violations of human rights and international humanitarian law. Croatia continues to support humanitarian efforts in that regard. In 2022 Croatia contributed funds through UNICEF in order to provide high-quality primary health care to Syrian refugee families, particularly women and children. We continue to call for the Syrian authorities to cooperate with the Mechanism and the special procedures of the Human Rights Council. We are discussing this report under the agenda item “Prevention of armed conflict”, yet it is too late for prevention. It is not too late for reconciliation and peace, and to that end accountability is essential. The goal of accountability is to guarantee non-recurrence. Impunity all but guarantees reoccurrence.
My delegation aligns itself with the statement delivered by the representative of the European Union, and I will add further remarks in my national capacity. Allow me at the outset to thank the Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM), Ms. Catherine Marchi-Uhel, for introducing the ninth report (see A/77/751) on the implementation of the Mechanism´s mandate. The report demonstrates the Mechanism´s continued value as a facilitator of inclusive, credible and comprehensive accountability for serious international crimes committed in the Syrian Arab Republic. By collecting, analysing and preserving evidence, it assists and facilitates the criminal proceedings carried out by national authorities as well as regional or international courts. By requiring the recipient jurisdiction to respect international human rights law and standards, including the right to a fair trial, the IIIM contributes to strengthening the rule of law and due process. A total of 242 requests for assistance received from 15 jurisdictions, marking an increase of 69 requests and two jurisdictions over the most recent reporting period, clearly reflects the added value of the Mechanism. While no new case files were opened in the reporting period, we appreciate the fact that the Mechanism furthered the analysis of information and evidence across its three active strategic lines of inquiry. Regarding the Mechanism’s function as a central repository of information and evidence, we underscore the progress made in specifically highlighting the effective use of digital platforms. As far as the use of the evidence gathered by the IIIM is concerned, all potential jurisdictional grounds, including that of universal jurisdiction, should be taken into account by national authorities. We also reiterate our call to the Security Council to refer the situation to the International Criminal Court. Furthermore, Slovakia welcomes the fact that inclusive justice remains the key objective of the Mechanism´s work. In that context, we fully endorse the victims/survivors-centred approach, including with respect to clarifying the fate and whereabouts of missing persons. We also note with appreciation the new strategic plan for 2023-2025. We will consider the possibility of contributing in support of it. In order for States to fully utilize the potential of the Mechanism, it is necessary to assist it in carrying out its mandate and to ensure that national investigative and prosecutorial authorities can smoothly cooperate. The cooperation of the Mechanism with United Nations entities, other international bodies and civil society is equally crucial, and Slovakia recalls the respective recommendations contained in the report. Since predictable, adequate and sustainable financing is of utmost importance for pursuing the Mechanism’s mandate, Slovakia has endorsed the integration of the IIIM into the United Nations regular budget and will persist in advocating for the allocation of the necessary funds accordingly. To conclude, Slovakia reaffirms its unyielding commitment to the Mechanism and its mandate. We are convinced that bringing the perpetrators of international crimes to justice while prioritizing the needs of victims is a fundamental prerequisite for successful conflict resolution and subsequent reconciliation efforts. Effective accountability mechanisms also serve as a standing warning to any potential perpetrators of crimes under international law that their acts will not go unpunished.
The Cuban delegation refuses to support mechanisms that deliberately fail to recognize the principles on which the Charter of the United Nations and international law are based. That is a dangerous precedent. The International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, mandated by resolution 71/248, represents a transgression of the norms and principles of international law, undermining the primary responsibility of the Syrian Arab Republic and its legal system to investigate and prosecute any crimes that may have been committed on the territory of that country. The independence, sovereignty and territorial integrity of all States, including the Syrian Arab Republic, must be strictly respected. To refer to the Mechanism as a subsidiary organ of the General Assembly goes beyond the functions conferred on the General Assembly in Articles 10, 12 and 22 of the Charter. In addition, the basic terms of reference of the Mechanism have not been defined, and Member States were not able to give their views on it. Nor were we able to take decisions on them prior to their adoption. Mechanisms of this kind should not be funded from the apportioned contributions of Member States, particularly when there was no express agreement or participation by the State concerned, as reflected in the numerous votes taken on the issue in the Fifth Committee and in the General Assembly, which show that there is no consensus. The Mechanism was born corrupt. The contradictions and inconsistencies contained in the report (see A/77/751) presented today confirms that. In conclusion, my delegation cannot share or accept an approach that would convert the General Assembly into a platform for amplifying the political bias and prejudice against Syria that prevails today and that tomorrow could be applied to and replicated in any other developing country.
I thank President Kőrösi for having organized this meeting. We also thank the Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM) for her briefing to the General Assembly. Last month marked the twelfth anniversary of the conflict in Syria, which has caused unspeakable suffering for millions of Syrians. Türkiye has stood by the Syrian people since the beginning of the conflict and supported the efforts for accountability and the fight against impunity in Syria. Accountability is needed not only to alleviate suffering and to prevent future crimes; it is also a prerequisite for social reconciliation and the peaceful and sustainable settlement of the conflict. With that understanding, Türkiye supports and closely cooperates with all international mechanisms that investigate war crimes, crimes against humanity and violations of international humanitarian law in Syria. Accordingly, Türkiye supported the creation of the International, Impartial and Independent Mechanism; co-sponsored resolution 71/248, which established the Mechanism, in 2016; and has since then continued to support its mandate and work. We also welcome the close contact and cooperation of the Syrian interim Government as the executive organ of the legitimate Syrian opposition with the IIIM and other accountability mechanisms for Syria such as the Independent International Commission of Inquiry on the Syrian Arab Republic and the Organization for the Prohibition of Chemical Weapons Investigation and Identification Team. The 6 February earthquakes compounded the already grave situation in Syria and once again revealed the interconnected nature of the problems in that country as well as the urgency of finding a political solution. It is important to use the environment that emerged in the aftermath of the earthquakes in order to address the fundamental issues underpinning the conflict and create momentum on the political track. Türkiye will continue to support a political solution to that prolonged conflict that meets the legitimate aspirations of the Syrian people in line with Security Council resolution 2254 (2015).
The position of the Russian Federation on the so-called International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 remains unchanged. The Syrian Mechanism was an illegitimate body from the very outset and has no right to exist. Its establishment for the benefit of selfish interests was forcefully pushed in the General Assembly by the collective West. They did not care a whit that the General Assembly, as a result, was acting ultra vires, in violation of the division of competences between the main bodies of the United Nations as set out in the Charter of the United Nations. Establishing that Mechanism without the consent of the Syrian Arab Republic or a decision of the Security Council under Chapter VII of the Charter of the United Nations is a violation of the fundamental norms and principles of international law, including the principles of the sovereign equality of States and non-interference in their internal affairs. Accordingly, the Mechanism and all outcomes of its work are null and void ab initio. Without prejudice to our position, we would like to comment on a few aspects of the latest report (see A/77/751) of that illegitimate body, which we have been forced to gather here once again today to discuss. The document once again lacks any information on what exactly the Mechanism does, and yet it is financed by the United Nations regular budget. I would remind members that Western countries forced through the procedure for deferring its cost despite the objections of many delegations. Reading this verbose document on the Mechanism, we are forced to guess where the budgetary funds might be going. They document once again contains general statements about the collection and analysis of a great deal of evidence in various strategic areas. As always, the sources for the material contained in the report include some non-governmental organizations (NGOs) and so-called United Nations partners. The Mechanism’s leadership continues to refuse to provide a list of those sources under the pretext of confidentiality, but we still do not understand why so much secrecy is necessary. Could it be because the sources of financing of those NGOs run grossly counter to the Mechanism’s supposed independence and impartiality? Given the nature and methods of work of the Mechanism, there is no doubt that this so-called evidence does not meet the criteria of relevance and admissibility, which make them useless for national jurisdictions. By the way, that applies fully as well to evidence of the crimes committed by the Islamic State in Iraq and the Levant. In trying to seize on this hot- button topic in a vain attempt to somehow justify its own existence, the Mechanism in practice is simply devaluing the evidence regarding international terrorist crimes. We also pointed out that according to the report, the Mechanism has mobilized the work of certain field missions to collect evidence that it was unable to obtain remotely. So the question arises, what missions are those? Who is employed by them, and on what basis are they present in Syria? We are concerned that that illegitimate body, which hypocritically champions confidentiality only when it is convenient for it, has somehow been able to obtain material from classified archives of the Organization for the Prohibition of Chemical Weapons (OPCW), which is a direct violation of the Convention on the Prohibition of Chemical Weapons as well as the confidentiality policy of the OPCW. We call on the Secretariat to take measures to immediately put an end to that practice. In addition, the report implies that the Mechanism has requested copies of materials from the OPCW- United Nations Joint Investigative Mechanism (JIM). We have repeatedly stated that we do not believe the Secretary-General’s bulletin contained in document ST/SGB/2019/4 is sufficient to authorize access to the JIM’s archives without the prior consideration of that issue by the Security Council, and the Council, as we all know, did not give its authorization therefor. Lastly, we have pointed out the Mechanism’s willingness to provide information and analytic materials related to legal actions brought against the Syrian Arab Republic by Canada and Netherlands. Why is that so-called independent and impartial body, allegedly part of the United Nations, so eager to support its main founders and beneficiaries, that is, Western countries, as part of the process against Syria? Where is that vaunted impartiality? The Syrian Mechanism is a purely political instrument of the collective West whose entire raison d’être boils down to putting pressure on a Government it deems undesirable. All the work of that body is blatant interference in the internal affairs of a sovereign State. At the same time, that Western plaything year after year continues to siphon money from the United Nations regular budget. I think it is time to put an end to that. The Government of the Syrian Arab Republic is capable of itself rendering justice and prosecuting perpetrators without external interference
The United Kingdom’s commitment to accountability is unwavering, and for that reason we strongly support the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM). We stand firmly behind the continued need for a political process in line with Security Council resolution 2254 (2015) and recognize justice and accountability as an integral step towards peace in Syria. Indeed, we are convening British lawmakers, civil society and representatives from the region in London this week to hear from survivors and defectors on why the need for accountability is as pressing as ever. Today’s update highlights the importance of the IIIM’s mandate not only in gathering evidence of past crimes but in documenting ongoing human rights violations against the Syrian people. We continue to work to ensure that there is no impunity for violators of international humanitarian law and human rights law. Last year, the United Kingdom signed a memorandum of understanding with the IIIM to maximize information-sharing. By facilitating information-sharing with the IIIM, that agreement supports our continuing efforts to hold the Al-Assad regime to account. We commend the Mechanism for its work on holistic and inclusive justice and welcome its latest strategic framework, particularly the strong gender lens that guides its work. That is critical given the pervasive sexual and gender-based violence against women, girls, men and boys in Syria since the uprising in 2011. The United Kingdom is proud to work with the IIIM and its dedicated team members. We will remain at the forefront of international efforts to hold the Syrian regime and its backers to account.
At the outset, we align ourselves with the statement made by the European Union and would like to add some remarks from a national perspective. I begin by thanking Judge Marchi-Uhel, the Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM), for her briefing on the ninth report (see A/77/751) today. I also thank her and her team for their invaluable work. On 15 March, we marked the twelfth year since the beginning of the war in Syria. We remember that the brutal repression by the Syrian regime followed the protests of the Syrian population, legitimately demanding political change. Since then, countless lives have been lost. Men, women and children have disappeared and families have been torn apart by that horrific conflict, which continues to this day. Malta commends the IIIM for its tireless efforts in investigating and documenting the most serious international crimes committed in Syria since March 2011. We acknowledge the significant progress made by the Mechanism in facilitating inclusive justice for victims and survivors, as detailed in its latest report. We also recognize the importance of its broader justice objectives, including clarifying the fate of missing persons. In that respect, we reaffirm our support for the IIIM, alongside other United Nations bodies established for the purpose of accountability in Syria, such as the Independent International Commission of Inquiry on the Syrian Arab Republic and the Organization for the Prohibition of Chemical Weapons Investigation and Identification Team. The Mechanism’s extensive cooperation with national jurisdictions, civil-society organizations and international partners has also proved crucial in sharing evidence, analysis and best practices to support accountability efforts. We applaud the commitment to a victims/survivors-centred approach, including through dedicated thematic strategies on gender, children and youth, which ensures that the voices of those affected by serious crimes are heard and respected. In that regard, we encourage the Mechanism to be responsive to the needs of all individuals affected by the conflict, including LGBTQI+ persons, older persons and persons with disabilities. We acknowledge the IIIM’s advancements in structural investigation and its central repository. Both are essential components in identifying potential cases for prosecution. That work has been instrumental in helping competent jurisdictions pursue justice for the victims of the Syrian conflict. Furthermore, its efforts in the area of operational support are to be commended. We recognize the importance of collaboration with other United Nations and non-United Nations entities in facilitating witness protection and support. The Mechanism’s recommendations for cooperation with the United Nations, international organizations, Member States and civil society should be supported to ensure that it is able to fulfil its mandate and maximize its impact. In conclusion, Malta calls on all Member States and relevant stakeholders to continue to support the Mechanism and its vital work through its strategic plan for 2023-2025. That will be a step in the right direction towards bringing perpetrators to justice and providing a voice for the victims and survivors of the Syrian conflict. Together we must stand firm in our commitment to assisting the Mechanism in its pursuit of justice and accountability for the most serious crimes committed in Syria. We need to do our utmost to bring about a just and lasting peace in the country and prevent future violations.
I wish to thank the Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM) for the presentation of the Mechanism’s ninth report (see A/77/751) and for her and her team’s dedication and commitment to ensuring that the Mechanism achieves its goals. Ukraine has been an active supporter of the IIIM from the inception of the idea of its establishment and is closely following its progress. We align ourselves with the statement delivered by the representative of the European Union, and I would like to add a few remarks in my national capacity. The international community must do whatever it can to stop the suffering of the people of the Syrian Arab Republic. Ensuring accountability for the most serious crimes committed in Syria since the beginning of that bloody conflict is not only a core demand stemming from the universal rule of law but also a moral obligation of the international community to ensure justice for victims. Impunity breeds and rewards criminality and violence. Ensuring accountability for the perpetrators of grave violations and abuses as well as ensuring justice for the victims are key steps for reconciliation and sustainable peace, which should be based on a comprehensive political solution in accordance with Security Council resolution 2254 (2015). As one of the co-sponsors of the Mechanism in 2016, my delegation remains strongly convinced that the IIIM is absolutely necessary. At a time of deadlock in the Security Council, the wider international community must think about the way forward to ensure accountability for those who have committed and are committing massive, systematic and widespread crimes on Syrian soil. With that in mind, Ukraine echoes the call of a number of delegations to refer the situation in Syria to the International Criminal Court. In that vein, Ukraine endorses the recommendations presented in the report seeking to build on the Mechanism’s cooperation with the United Nations, Member States and civil society. We also commend the important work of the Independent International Commission of Inquiry on the Syrian Arab Republic, the Organization for the Prohibition of Chemical Weapons Investigation and Identification Team and the International Partnership against Impunity for the Use of Chemical Weapons in ensuring the documentation of all the facts related to the crimes committed by the Al-Assad regime and its allies. Ukraine’s demand for justice is resolute. Be it the IIIM for Syria or a special tribunal for aggression against Ukraine, we stand firm on the need to bring justice to the victims of the most serious crimes under international law. We call on Member States to support the establishment of a special tribunal for the crime of aggression against Ukraine.
The Kingdom of the Netherlands aligns itself with the statement delivered by the representative of the European Union. At the outset, we would like to thank Ms. Catherine Marchi-Uhel and her team for the comprehensive report on the activities of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM) and for the submission of its annual report (see A/77/751) to the General Assembly. That work has taken place against the backdrop of a devasting conflict that is ongoing. The Syrian people have suffered the brutalities of war and human rights abuses for more than 12 years, and they continue to this day. The majority by far of those abuses are committed by the Syrian regime. The amount of evidence collected over the past decade about the regime’s human rights abuses is staggering, a fact to which countless reports will attest. The perpetrators of those crimes must be held accountable, first and foremost for the victims and their families but also because credible, stable and lasting peace in Syria can be achieved only if the current culture of impunity ends. Over the past five years, the IIIM has proved to be a unique international criminal justice entity that deserves our full support. It is our conviction that justice and accountability can be achieved only by putting victims and survivors first. We therefore commend the Mechanism for focusing on the most vulnerable and affected persons, people who are all too often the least visible. The IIIM ensures that the voices of the entire diaspora of victims and survivors are being heard, including in the process of evidence-gathering. Its formal commitment to pursuing inclusive justice for those who need it most is not only commendable but should serve as an example for other United Nations- mandated bodies. In conclusion, for a credible, stable and lasting peace in Syria, the current culture of impunity must end, which means that those guilty of crimes must be brought to justice. That is why in 2020 the Netherlands, joined by Canada, invoked Syria’s responsibility for human rights violations, specifically holding Syria responsible for torture under the United Nations Convention against Torture. That process is ongoing. We also urge all States to increase their cooperation with and support for the IIIM so as to ensure that information about serious crimes is collected, analysed and preserved for future prosecutions. The Kingdom of the Netherlands again calls on all Security Council members to support a referral of the situation in Syria to the International Criminal Court. Finally, allow me to reiterate the European Union’s Syria policy that there will be no normalization, no lifting of sanctions and no reconstruction until a political transition as set out in Security Council resolution 2254 (2015) is firmly under way.
Georgia aligns itself with the statement delivered by the representative of the European Union. In addition, let me add the following remarks in my national capacity. We would like to thank the Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM), Ms. Catherine Marchi-Uhel, and her team for the valuable work and for presenting the ninth report (see A/77/751) of the IIIM. Georgia welcomes the progress made by the Mechanism in the course of the reporting period and reaffirms its unwavering support for the indispensable work of the IIIM in assisting in the investigation and prosecution of persons responsible for the most serious crimes under international law committed in the Syrian Arab Republic since March 2011. We also reaffirm our strong support for the work of the Independent International Commission of Inquiry on the Syrian Arab Republic. The regime must cease its attacks against civilians and civilian facilities; allow safe, unhindered and sustained humanitarian assistance to all in need, especially in the north-west of Syria; and cooperate fully with the IIIM as well as the Independent International Commission of Inquiry. We remain gravely concerned at the fact that 12 years after the beginning of the conflict, people continue to suffer; millions of Syrians have been internally displaced or sought refuge; and killings, incommunicado detention and the disappearance of tens of thousands of Syrians, torture and other cruel, inhuman or degrading treatment or punishment, including sexual and gender-based violence, continue even today. Throughout the country, people are prevented from speaking freely and are at risk of being arbitrarily detained. At the same time, the absolute majority of the population lives below the poverty line. We are further disturbed by the fact that the humanitarian situation in Syria has drastically deteriorated as a result of the devastating earthquake that occurred in February 2023. The voices of the Syrian people who continue to suffer must be heard, and impunity cannot prevail. It is therefore imperative to ensure the accountability of the perpetrators of serious violations and abuses of human rights and international law. We will continue to strongly support the inclusion of the Mechanism in the regular United Nations budget based on the decision that this body has taken. Georgia firmly believes that justice has to be served and accountability ensured for violations of international law in Syria and elsewhere — wherever they are committed.
Germany aligns itself with the European Union’s statement. We sincerely thank the Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM), Ms. Catherine Marchi-Uhel, for her latest report (see A/77/751) as well as for her work and her dedication to justice and accountability for the most serious crimes committed in Syria. We are most grateful to Ms. Marchi-Uhel and her team for their continued engagement. We welcome the steady increase in the workload of the Mechanism, as it indicates the success and effectiveness of the Mechanism. The IIIM has a tangible impact. One example: on 23 February, the Higher Regional Court of Berlin sentenced an individual to life in prison, inter alia for a particularly serious war crime and four counts of murder committed in Syria in 2014. It was established that the perpetrator had launched a grenade into a crowd of civilians waiting for food in Damascus. That conviction was based on evidence provided by the IIIM and made possible thanks to the outstanding cooperation between the Mechanism and the German Federal Prosecutor General. We are thankful for that trusted and valuable cooperation and are committed to continuing and extending it with regard to more pending cases. Germany attributes the utmost importance to effective accountability for heinous crimes of the kind that I just mentioned and to deter any more such atrocities in Syria and beyond. We are convinced that effective accountability is a precondition for sustainable peace. In relation to the magnitude of the most serious crimes committed in Syria, the number of prosecuted cases remains low. More needs to be done, and we need to step up our efforts and continue supporting the important work of the IIIM. We furthermore welcome the Mechanism’s strategic plan for 2023-2025. We would like to particularly stress the importance of inclusive justice and express our support for the most important victim-centred approach as part of the strategic plan. It is important that the voices of the victims be heard and that they be treated with dignity and respect. Germany urges all Member States to fully cooperate with the Mechanism and to support it wherever they can.
The representative of the Russian Federation has asked to speak in exercise of the right of reply. May I remind delegations that statements in the exercise of the right of reply are limited to 10 minutes for the first intervention and to five minutes for the second intervention and should be made by delegations from their seats.
Given that a number of delegations have mentioned the situation in Ukraine today, I should like to say the following. The root causes of the situation date back at least to 2014, when the West, following a bloody, unconstitutional coup d’état, brought to power in Kyiv avowed nationalists who immediately declared war against everything Russian — the language, the culture and even the ethnic identity of Russians. As in the case of the Syrian International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, in Ukraine the West trampled upon the principle of non-interference in the internal affairs of States. We remember clearly how Victoria Nuland, discussing future Ukrainian leaders in a phone call, spoke about them as if they were nothing but pawns in a game of chess. The consequences of those actions are absolutely catastrophic. Eight years of indiscriminate firing and shelling of civilian cities in Donbas; thousands of civilians killed, including women and children; and atrocities, abductions and the torture of detained persons  — all of that happened long before the beginning of the Russian special military operation and took place with silence from the United Nations and the collective West. By the way, for the West, that kind of indifference is no surprise at all. Quite recently, hundreds of thousands of civilians have been killed in Afghanistan, Iraq, Libya, Syria and Yugoslavia, and it is its weapons that are being provided to the Kyiv regime in huge quantities and continue to kill civilians today in Donbas. I should like to recall that the NATO countries that hypocritically condemn Russia’s actions in Ukraine continue to this day to occupy part of Syria following the open military aggression against that country. For some reason, all the Western champions of fighting impunity seem to forget about accountability for their own war crimes and crimes against humanity, let alone responsibility for the hundreds of thousands of victims of the colour revolutions inspired, sponsored and organized by the West. Who has borne responsibility for the cities in Iraq and Syria that NATO razed to the ground together with the civilians living there? Against that backdrop, it is especially cynical today to call on the Security Council to refer the situation in Syria to the International Criminal Court (ICC). That body is a real champion of sweeping NATO’s crimes under the rug. In Afghanistan, Iraq and Libya, where it had full jurisdiction, it succeeded admirably in dealing with that shameful task. Hundreds of thousands of civilian victims are there, and yet not a single perpetrator has been brought to justice. That is truly exemplary justice along the lines of the rules-based world order. Another issue is the ICC’s inability to promote reconciliation. That is very clear if we look at the case of Libya, which was referred by the Security Council to the ICC. Some delegations were outraged about the stagnation in the Security Council, but there the Security Council did in fact refer the case. And what happened in the end? The ICC became complicit in the destruction of the country through the deliberate fabrication of false accusations against its leader. And by the way, noone in the ICC took any responsibility for that at all. That is how it fights impunity? And then there were 12 years of empty reports and fabricated work. The ICC had no greater success with respect to the situation in Darfur, which the Security Council also referred to the Court. A reasonable question arises: how, after all this, can anyone continue to say that referring the Syrian situation to the ICC would be a good idea? That is all.
We have heard the last speaker in the debate on this item. The General Assembly has thus concluded this stage of its consideration of sub-item (a) of agenda item 30.
The meeting rose at 1 p.m.