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Christian Wenaweser, Ambassador of Liechtenstein, addresses the General Assembly |
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
The General Assembly PP1 Guided by the Charter of the United Nations, PP2 Reaffirming its commitment to the sovereignty of the Syrian Arab Republic,
PP3 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 that established the Independent International
Commission of Inquiry on the Syrian Arab Republic,
PP4 Welcoming the
ongoing work carried out by the Independent International Commission
of Inquiry on the Syrian Arab Republic and recalling its reports1 and
the recommendations contained therein,
PP5 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 reports2 and the conclusions
contained therein,
PP6 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,
PP7 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,
PP8 Recalling the
statements made by the Secretary-General, the United Nations High
Commissioner for Human Rights and the special procedures of the Human
Rights Council that crimes against humanity and war crimes are likely
to have been committed in the Syrian Arab Republic,
PP9 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 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 the most serious crimes committed in the country
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 this end with other States;
4. Decides to
establish an “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” under the auspices of
the United Nations to collect, consolidate, preserve and analyse
evidence of such crimes and prepare files in order to facilitate and
expedite fair and independent criminal proceedings in accordance with
international standards, in national, regional or international
courts or tribunals that have or may in the future have jurisdiction
over these crimes;
5. Requests the
Secretary-General, in this regard, within 20 working days of the
adoption of this resolution, to develop Terms of Reference of the
International, Impartial and Independent Mechanism with the support
of OHCHR, and requests further that the Secretary-General
undertakes without delay the steps, measures and arrangements
necessary for the speedy establishment and full functioning of the
Impartial and Independent Mechanism, initially funded by voluntary
contributions, in coordination with the Independent International
Commission of Inquiry on the Syrian Arab Republic 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 to effectively fulfill its mandate, and in
particular to provide it with any information and documentation they
may possess pertaining to the above-mentioned crimes as well as any
other forms of assistance;
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 closely
cooperate with the Independent International Commission of Inquiry on
the Syrian Arab Republic 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.
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