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A/RES/71/248 GA

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 : resolution / adopted by the General Assembly

71
Session
105
Yes
15
No
52
Abstentions
Draft symbol A/71/L.48
Adopted symbol A/RES/71/248
Category POLITICAL AND LEGAL QUESTIONS
Significance ★ Important vote US State Dept designation
P5 Positions
Russia ✗ United States ✓ United Kingdom ✓ China ✗ France ✓
UN Document A/RES/71/248 ↗

Vote Recorded Vote — A/71/PV.66 Dec. 21, 2016

— Abstain (52)
✗ No (15)
Absent (21)
✓ Yes (105)
Speeches following this vote (20) may include explanations of vote
The President
Before giving the floor for explanations of vote after the voting, may I remind delegations that explanations of vote are limited to 10 minutes and should be made by delegations from their seats. We have 14 speakers, so I would ask delegations to be concise.
Mr. García Moritán (Argentina)
The Argentine Republic has on several occasions recalled the pressing need to ensure that grave violations and abuses of human rights and international humanitarian law committed by all parties during the conflict in Syria are duly investigated and brought before courts, either by the competent national bodies or by applicable international mechanisms. In that connection, Argentina has on severa…
Mr. Vieira (Brazil)
As a country firmly committed to ensuring accountability for the most serious international crimes, Brazil voted in favour of the establishment 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. We share the concern …
Mr. Skinner-Klee (Guatemala)
Guatemala voted in favour of resolution 71/248, taking into account the very serious situation afflicting the people of the Syrian Arab Republic. Almost six years have passed and more than 250,000 civilians have lost their lives, including women and children, while more than 3 million refugees have fled abject and indiscriminate violence. All victims have seen their rights and human dignity flagr…
Mr. Wu Haitao (China)
China is deeply saddened by the terrible suffering that the conflict in Syria has brought to its people. We strongly appeal to all parties in Syria to put an end to their disputes and conflicts and return to the righteous path of resolving the issue through dialogue and consultations, keeping in mind the future and destiny of the country and the fundamental interests of the people. China has alw…
Ms. Pham (Viet Nam)
Viet Nam is seriously concerned about the grave humanitarian situation in Syria and condemns all acts of violence targeting civilians. We call on all parties to the conflict to put an end to such outrageous acts, first and foremost by complying with international humanitarian and human rights law. At the same time, my delegation is deeply concerned that resolution 71/248 calls for the establishm…
Mr. Habib (Indonesia)
My delegation wishes to take the floor to deliver an explanation of vote on resolution 71/248, which we have just adopted. Indonesia has continuously, on different occasions and in various forums, expressed deep concern about the continued human rights and humanitarian situation in Syria, as well as about the ongoing conflict between all parties, which has affected the lives of many civilians in…
Mr. Moustafa (Egypt)
I wish to begin by stressing that Egypt has always been and will always be a major advocate of the rule of law, the establishment of justice and the fight against impunity. My delegation is of the view that accountability for serious crimes and violations of international humanitarian law, as well as for human rights violations and abuses, wherever they are perpetrated — be it in Syria, Libya, So…
Mrs. Karabaeva (Kyrgyzstan)
The delegation of Kyrgyzstan would like to speak in explanation of vote after the voting on resolution 71/248. Kyrgyzstan is committed to upholding the Charter of the United Nations and the norms of international law. We are also troubled by the current situation in the Syrian Arab Republic and fully recognize the need for an expeditious end to the armed conflict. At the same time, we deem it of…
Mr. Gafoor (Singapore)
Singapore is deeply concerned about developments in Syria, in particular the humanitarian situation on the ground. We support the principle of accountability for violations of international law. However, we abstained in the voting on resolution 71/248 for two reasons. First, the exact terms of reference of the proposed International, Impartial and Independent Mechanism to Assist in the Investiga…
Mr. Al-Khaqani (Iraq)
My delegation would like to deliver an explanation of vote on resolution 71/248. Iraq welcomes the establishment 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 to hold accountable the perpetrators of crimes and t…
Ms. Jaquez (Mexico)
The United Nations is facing one of the most pressing challenges of this century as it seeks to resolve the humanitarian crisis in Syria. That is why Mexico welcomed the adoption of Security Council resolution 2328 (2016), which represents a major United Nations response to the outrage elicited by the suffering of innocent civilians, who are victims of the lack of an effective political solution …
Mr. Plasai (Thailand)
The Kingdom of Thailand decided to support this resolution because of the overriding importance that it attaches to the principles enshrined in the Charter of the United Nations and the applicable principles of international law, as well as to the issues of accountability for alleged crimes committed in the Syrian Arab Republic. We also support the objective of ensuring justice for all victims an…
Mr. Scappini Ricciardi (Paraguay)
The Republic of Paraguay wishes to explain why it abstained in the voting on resolution 71/248. For Paraguay, accountability and responsibility for abuse or violations of international humanitarian law and international human rights law are fundamental pillars of peaceful coexistence among States, reconciliation and lasting peace, particularly when those violations or abuses may constitute war c…
Ms. Young (Belize)
Belize supported resolution 71/248 on the following bases. We consider that the authority vested in the General Assembly to address questions of international peace and security — pursuant, inter alia, to Articles 10 and 11 of the Charter of the United Nations — is axiomatic. The resolution applies broadly to all States, all parties to the conflict and civil society. It is therefore not, on the …
The President
We have heard the last speaker in explanation of vote. I shall now give the floor to those delegations that have asked to speak in exercise of the right of reply. I remind them that statements in exercise of the right of reply are limited to 10 minutes for the first intervention and to five minutes for the second, and must be made from their seats.
Ms. Al-Thani (Qatar)
I have asked to speak in exercise of the right of reply to the representative of Syria, who continues to point fingers, falsely accusing Qatar of the atrocities, violations and crimes committed in Syria, which have reached proportions that could have never been imagined in the twenty-first century. Instead of addressing the topic at hand, the representative of Syria is using the United Nations as…
Mr. Canay (Türkiye)
I have asked for the floor in exercise of our right of reply. We reject the intervention of the Syrian regime’s representative, as it only contained distorted facts and baseless accusations against my country. The regime, which lost its legitimacy long ago, is ruthlessly massacring its own people and intentionally targeting the infrastructure where humanitarian needs are addressed. It is obvious …
Ms. Radwan (Saudi Arabia)
First of all, my country’s delegation categorically denies all that was said by the representative of Syria in his statement with regard to Saudi Arabia. We were hardly surprised to hear such allegations and distorted facts from those who are shedding crocodile tears over Syrian women and children, despite the crimes and atrocities they have committed. I thank the delegations of Liechtenstein an…
Mr. Mounzer (Syrian Arab Republic)
Regrettably, the General Assembly has adopted a resolution that violates the Charter of the United Nations and its purposes. Resolution 71/248 reflects the ill will expressed by the representatives of Qatar and Saudi Arabia, who, alongside the sponsors of the resolution, seek to legitimize interference in the internal affairs of Syria. The Government of the Syrian Arab Republic accuses Qatar, S…
Full text of resolution OCR extract — may contain errors
United Nations A/RES/71/248 General Assembly Distr.: General 11 January 2017 Seventy-first session Agenda item 31 16-22831 (E) *1622831* Please recycle Resolution adopted by the General Assembly on 21 December 2016 [without reference to a Main Committee (A/71/L.48 and Add.1)] 71/248. 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, Guided by the Charter of the United Nations, Reaffirming its commitment to the sovereignty of the Syrian Arab Republic, Recalling the relevant resolutions of the General Assembly, the Security Council and the Human Rights Council, in particular Human Rights Council resolution S-17/1 of 23 August 2011 that established the Independent International Commission of Inquiry on the Syrian Arab Republic, 1 Welcoming the ongoing work carried out by the Commission of Inquiry, and recalling its reports and the recommendations contained therein, 2 Expressing its appreciation for the work carried out by the Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism, and recalling its reports and the conclusions contained therein, 3 Recognizing the work of Syrian and international civil society actors in documenting violations of international humanitarian law and violations and abuses of human rights law in the Syrian Arab Republic during the conflict, Noting with concern the impunity for serious violations of international humanitarian law and violations and abuses of human rights law committed during the conflict in the Syrian Arab Republic, which has provided a fertile ground for further violations and abuses, Recalling the statements made by the Secretary-General, the United Nations High Commissioner for Human Rights and the special procedures of the Human _______________ 1 See Official Records of the General Assembly, Sixty-sixth Session, Supplement No. 53 (A/66/53), chap. I. 2 See www.ohchr.org/EN/HRBodies/HRC/IICISyria/Pages/Documentation.aspx. 3 See S/2016/888, S/2016/738/Rev.1, S/2016/530 and S/2016/142, annex. A/RES/71/248 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 2/3 Rights Council that crimes against humanity and war crimes are likely to have been committed in the Syrian Arab Republic, Noting the repeated encouragement by the Secretary-General and the High Commissioner for Human Rights for the Security Council to refer the situation in the Syrian Arab Republic to the International Criminal Court, 1. Emphasizes the need to ensure accountability for crimes involving violations of international law, in particular of international humanitarian law and international human rights law, some of which may constitute war crimes or crimes against humanity, committed in the Syrian Arab Republic since March 2011 through appropriate, fair and independent investigations and prosecutions at the domestic or international level, and stresses the need to pursue practical steps towards this goal to ensure justice for all victims and to contribute to the prevention of future violations; 2. Stresses the need for any political process aimed at resolving the crisis in the Syrian Arab Republic to ensure credible and comprehensive accountability for violations of international humanitarian law and human rights violations and abuses committed in the country in order to bring about reconciliation and sustainable peace; 3. Welcomes the efforts by States to investigate and prosecute crimes within their jurisdiction committed in the Syrian Arab Republic, in accordance with their national legislation and international law, and encourages other States to consider doing the same and to share relevant information to that end with other States; 4. Decides to establish 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 under the auspices of the United Nations to closely cooperate with the Independent International Commission of Inquiry on the Syrian Arab Republic 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 or may in the future have jurisdiction over these crimes, in accordance with international law; 5. Requests the Secretary-General, in this regard, to develop, within 20 working days of the adoption of the present resolution, the terms of reference of the International, Impartial and Independent Mechanism, with the support of the Office of the United Nations High Commissioner for Human Rights, and also requests that the Secretary-General undertake, without delay, the steps, measures and arrangements necessary for the speedy establishment and full functioning of the Mechanism, initially funded by voluntary contributions, in coordination with the Commission of Inquiry and building on existing capacities, including recruiting or allocating impartial and experienced staff with relevant skills and expertise in accordance with the terms of reference; 6. Calls upon all States, all parties to the conflict as well as civil society to cooperate fully with the International, Impartial and Independent Mechanism and the Commission of Inquiry to effectively fulfil their respective mandates and, in particular, to provide them with any information and documentation they may possess, as well as any other forms of assistance pertaining to their respective mandates; 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 A/RES/71/248 3/3 7. Requests the United Nations system as a whole to fully cooperate with the International, Impartial and Independent Mechanism and to promptly respond to any request, including access to all information and documentation, and decides that the Mechanism shall closely cooperate with the Commission of Inquiry in all aspects of its work; 8. Requests the Secretary-General to report on the implementation of the present resolution within 45 days of its adoption, and decides to revisit the question of funding of the International, Impartial and Independent Mechanism as soon as possible. 66th plenary meeting 21 December 2016
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