Mr. Chairman,
Cuba endorses the statements by the Islamic Republic of Iran on behalf of the Non-Aligned Movement and by El Salvador on behalf of the Community of Latin American and Caribbean States (CELAC).
We take note of the Secretary General’s Report, prepared on the basis of the remarks and observations made by the governments, contained in document A / 73/123.
Cuba reiterates its firm commitment to the fight against impunity for crimes against humanity.
The scope and application of the principle of universal jurisdiction is a major issue, whose questions should be discussed by the General Assembly of the United Nations, the chief representative body of all Member States, in order to prevent the invoking of this principle, when it is not applicable.
In this regard, we express our deep concern about the improper use of the principle of universal jurisdiction in the unilateral, selective and politically motivated exercise of jurisdiction by courts of developed countries against natural or legal persons from developing countries, not in accordance with international standards or treaties.
For this reason, we condemn the promulgation, at a national level, of politically motivated laws against other States, which has dire effects on international relations.
Mr. Chairman,
The prime objective of the work of the General Assembly in this matter should be to regulate or create international guidelines to avoid the improper use of this principle and preserve international peace and security.
In the practice of the application of this principle by national courts, it is essential to fully respect the principles of sovereign equality, political independence and non-interference in the internal affairs of States.
Universal jurisdiction should not be used to undermine the integrity and values of the different legal systems existing in the world, breaking respect for national jurisdiction; or underestimate the integrity and values of a legal system. Nor should it be selectively used for political purposes and to the detriment of the rules and principles of International Law.
The scope of application of this principle should be restricted by the full respect for the sovereignty and national jurisdiction of the States, maintaining its supplementary nature in relation to the national action and jurisdiction of each State and should be limited to special circumstances, when there is no other resource in order to prevent impunity.
Full immunity of acting Heads of State, diplomatic personnel and other high-ranking officials, granted by virtue of International Law, should not be subject to any questioning; universally accepted international principles and rules under universal jurisdiction should not be contravened. This is contrary to the principles and provisions of the Charter of the United Nations and the Rule of Law, which we have so often spoken of in this very room.
Mr. Chairman,
Cuba supports the development of international standards or guidelines that clearly establish the conditions or limits in which the principle of universal jurisdiction should be invoked, as well as the crimes it should be applied to.
We appreciate the performance of the Open-ended Working Group and the work carried out by its Chair, in order to find common areas for the substantive work on the matter, so that the requirements for the regulation and use of the principle and its compatibility with the Charter of the United Nations, be established provided that its exceptional and supplementary nature be determined.
The crimes that remain under the application of this principle should be restricted to crimes against humanity and the principle of universal jurisdiction should only be used when it has been acknowledged that there is no other way of exercising legal action against the perpetrators of such crimes.
On the other hand, it is necessary to establish that in such cases, counting on the approval of the State where the crime was perpetrated or of the country, of which the defendant is a citizen, is of utmost importance.
As an example, we show that Cuban substantive criminal laws provide for the possibility of prosecution and criminal punishment of Cuban citizens, foreigners or persons without citizenship if the act constitutes a crime against humanity, human dignity or collective health, or if it is prosecutable by virtue of international treaties.
Finally, Cuba reiterates its deepest support to the efforts of the international community in the fight against impunity and prosecution of those responsible for the most serious crimes against humanity.
It also ratifies the importance of acting always without double political standards and in strict pursuance of International Law, if we really intend to achieve positive results and not to weaken the legitimacy of our struggle in favor of the humanistic values of peace and justice.
Thank you very much