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

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YARDEN RUBINSHTEIN ( Israel), supporting the establishment of a forum within the framework of the Sixth Committee for a potential elaboration of a future convention, spotlighted the divergent views of Member States demonstrated during the previous Committee sessions, both regarding the substantive content of the draft articles and their future framework. Recognizing these differences, she underscored the importance of achieving progress with regard to the draft articles and finding a path forward. She further reiterated support for the proposal to establish an ad hoc committee to examine the draft articles and enable meaningful and inclusive discussions among States. In this regard, she noted that the principle of consensus within the Sixth Committee was a significant element for maintaining the unity and consistency of international law. She further reiterated her country’s willingness and commitment to the efforts for the development of international law. On that point, the representative of Switzerland highlighted the insufficient use of mediation as an informal dispute-resolution mechanism to resolve workplace conflicts. Emphasizing that mediation must be promoted to a greater extent for all categories of personnel, she also stated that a fair, effective internal system for the administration of justice ‑ accessible to all ‑ lends greater credibility to the Organization’s commitment to equal access to justice and the rule of law. At the end of the meeting, the Sixth Committee took up its agenda item on the United Nations common system, in which the Committee was invited to consider the legal aspects of the Secretary‑General’s report titled “Review of the jurisdictional set-up of the United Nations common system” (document A/77/222). On that point, the representative of Saudi Arabia expressed concern that the draft articles’ introduction of new definitions might cause confusion, spotlighting the need to standardize terms such as “slavery”, “torture” and “enforced disappearances”. He also noted that certain provisions within the draft articles expand the scope of universal jurisdiction, a principle on which the international community is currently divided.

The Sixth Committee will next meet at 10 a.m. on Wednesday, 12 October, to commence its debate on the scope and application of the principle of universal jurisdiction. The Sixth Committee also considered its agenda item on the administration of justice at the United Nations today, taking up reports by the Secretary-General and the Internal Justice Council on the matter (documents A/77/156, A/77/151 and A/77/130). LOUREEN O. A. SAYEJ, observer for the State of Palestine, voiced her support for the International Law Commission’s recommendation to elaborate a convention, based on its draft articles on crimes against humanity, that reflects well-established principles of customary international law. Such efforts were not merely a legal exercise; rather, they would allow the international community to “put the forces of international law at the service of the protection of humanity when it is most threatened”. Further, this would leave no victim behind and no perpetrator immune and would also prevent the law from being subjected to the whims of political powers. She went on to say that the crimes sought to be codified and punished ‑ extermination, forcible transfer, apartheid, persecution, murder, enslavement, torture and rape ‑ are systematic, widespread, devastating and persistent. They demand immediate action, and the community of nations can neither dismiss this issue nor delay it, she added. MINE OZGUL BILMAN ( Türkiye) stated that crimes against humanity have been codified in Turkish criminal law and constitute a category of crimes over which universal jurisdiction may be exercised if the necessary conditions are met. She observed, however, that the Sixth Committee’s extensive discussions on this topic over the past few years demonstrate that this issue is complex and yet to be codified in national legislations in a uniform manner. Further, a considerable number of States share the concern that this category of crimes can be particularly susceptible to non-legal motives. She therefore supported a meaningful, structured discussion in the Committee on this topic that follows established practice. This is a crucial step before the Committee makes any further recommendations relating to substance or procedure to the General Assembly, she said. She added that this process would be facilitated through an advance circulation of States’ written views on the matter. GENG SHUANG ( China), associating himself with the Group of Friends in Defence of the Charter of the United Nations, pointed out that, despite the divergence of views, discussions in the Sixth Committee regarding a dedicated convention on crimes against humanity reflect the issue’s high priority for the international community and should be continued. Highlighting several such points of divergence ‑ including the definition of crimes against humanity, the application of universal jurisdiction, and the relationship between such a convention and domestic law ‑ he recalled a Chinese proverb that said, “sharpening the axe will not delay the task of chopping wood”. Further consideration, therefore, will gradually bridge differences and pave the way for subsequent negotiations. Adding that the Committee’s tradition of consensus must be respected, he noted that some delegations introduced a draft resolution on their own and indicated they were prepared to put it to a vote. This is “not constructive at all,” he said.ANDY ARON ( Indonesia) stressed that crimes against humanity may be more widespread than genocide or war crimes, as they may occur in situations not involving armed conflict and do not require the intent to destroy certain groups of people, in whole or in part, as the crime of genocide does. Underscoring the importance of having consensus on the draft articles, he said that consultations are necessary to deepen understanding on the matter. Spotlighting draft articles 6 and 7, he emphasized the need to preserve the States’ primary responsibility to exercise their national criminal jurisdiction for such crime occurring on their territories. Indonesia established a law on the Human Rights Court that criminalized crimes against humanity and established its national jurisdiction. In addition, to further complement the national legal infrastructure, cooperation among States was also important. To that end, his country has concluded 13 extradition treaties and 10 mutual legal assistance in criminal matters treaties with other countries, as well as one regional mutual legal assistance treaty among the Association of Southeast Asian Nations (ASEAN) countries. MAJOR CRIMES Were you worried that just because The Closer is over that the Provenza/Flynn fun wouldn’t move over to Major Crimes? Never fear because GW Bailey (Provenza) told me on the set last week that an upcoming episode will give the twosome some time together: “It’s not exclusively about the two of us but it’s a situation that we get into and it actually isn’t our fault. We actually do a favor for someone we’re not even fond of, Emma (new regular Nadine Velazquez, playing an ADA), and it ends up a disaster and a mess and we’re in the middle of it…whoever’s closest to the flame is the one who gets burned. It’s a good episode.”

GENG SHUANG ( China) welcomed the Secretary‑General’s efforts to enhance the transparency and efficiency of the United Nations internal justice system, including the adoption of virtual trials and e-filing in response to constraints imposed by the COVID‑19 pandemic. Emphasizing that the justice system is an important mechanism that safeguards the interests of United Nations staff, he said that both the informal and formal parts of the same must adhere to the rule of law. The Office of Staff Legal Assistance plays a significant role in the informal resolution of disputes, he added, adding his support for strengthening legal services within the internal justice system to ensure that all United Nations staff have timely access to legal remedies. He went on to spotlight the candidature of two highly qualified Chinese judges for the United Nations Dispute Tribunal and the United Nations Appeals Tribunal, noting that their election would help increase the representation of the Asia-Pacific region in both tribunals and contribute to the work of these bodies. The representative of Algeria, urging those present to refrain from imposing legal principles that do not enjoy universal approval, expressed regret that the International Law Commission’s draft articles on crimes against humanity do not reflect the current state of international law or international customary practice. While a convention governing such crimes would allow each country to exercise its criminal jurisdiction over crimes against humanity, he noted that core issues remain ambiguous and require further negotiation. PERCEPTION Scott Wolf will be a new face on this season as the ex of Rachel Leigh Cook’s Kate on TNT’s Perception and while his character of Donnie is not necessarily a nice guy, he told me “people tend to associate me with more on the nicer side. So to play people who run against that, it’s really good fun for me.”Taking Up Administration of Justice Reports, Delegates Commend Adaptation of Work During Pandemic, Increased Multilingualism, Caselaw Portal

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