MR. AZRIL ABD AZIZ
DEPUTY PERMANENT REPRESENTATIVE OF MALAYSIA TO THE UNITED NATIONS
ON ITEM 87:
THE SCOPE AND APPLICATION OF THE PRINCIPLE OF UNIVERSAL JURISDICTION
AT THE SIXTH COMMITTEE OF THE 75TH SESSION OF THE GENERAL ASSEMBLY
NEW YORK, 3 NOVEMBER 2020
Malaysia thanks the Secretary-General for his report on this agenda item. We note that the report contains comments received from Member States and relevant observers, including Malaysia, on the scope and application of universal jurisdiction based on relevant national legal rules, applicable international treaties and judicial practice.
2. This topic of intense debate continues to be a subject of keen interest for Malaysia since its introduction in 2009. Malaysia has consistently provided extensive comments, shared relevant information, and raised noteworthy concerns with regard to the exact scope and application for the implementation of the principle of universal jurisdiction.
3. Malaysia has also submitted relevant information particularly on the application of the principle in our applicable domestic legislations. We note the diversity of views expressed by Member States and acknowledge the applicability of the principle in numerous national laws and its application in current judicial practice.
4. On that note, Malaysia maintains its view that it is pertinent that the principle should go through in-depth legal analysis in order to achieve common consensus and understanding by all Member States.
5. Malaysia further notes that there has been minimal response from Member States in providing information on the scope and application of universal jurisdiction, the relevant applicable international treaties as well as their national legal rules and judicial practice in relation to the principle. For this purpose, Malaysia views that it is timely for the Committee to analyse the underlying cause of the lack of response from Member States.
6. We also recall that the attempt in getting common consensus on the definition of universal jurisdiction, the scope and application when fighting impunity and achieving judicial justice, has been considered by the Committee for over a decade. Therefore, it is suggested that the International Law Commission should provide its leadership in steering this matter in the right direction, particularly on the scope and application of universal jurisdiction. Member States will have every opportunity to express their broader views on major issues relating to this matter.