Declaração do Representante Permanente Alterno, Embaixador João Genésio de Almeida Filho, em reunião sob Fórmula Arria do Conselho de Segurança sobre Ucrânia - 27 de abril de 2022 (texto em inglês)

Statement by the Deputy Permanent Representative of Brazil to the United Nations, Ambassador João Genésio de Almeida Filho, at the UNSC Arria-formula meeting on “Ensuring accountability for atrocities committed in Ukraine”
April 27th, 2022

Mr. Chair,

At the outset, Brazil would like to thank Albania and France for organizing this timely meeting. We would also like to thank the briefers for their valuable contribution to this debate.

Brazil would like to draw attention to the fact that, in order to ensure an order based on international law, a fundamental task must be taken up: to defend its integrity at all times and in all situations. International law must prevail especially when international crimes and internationally wrongful acts are committed by individuals and States. This is why the rules of criminal accountability and international responsibility must lie at the epicenter of any legal regime.

Over the years, the international community has built a solid legal system to hold individuals accountable for their crimes: the Rome Statute regime. International criminal justice is a solution only when states with jurisdiction are unwilling or unable to act. Complementarity is one of the cornerstones of the Rome Statute regime. Such principle shows that it is imperative to build a culture of accountability at the national level, with strong judicial institutions that are able to fight impunity. Cooperation is also one of the key tools in ensuring successful outcomes by the International Criminal Court.

As a founder of the ICC, Brazil supports its work to promote accountability at the international level for perpetrators, as well as reparations for the victims. Brazil also highlights the value of having a permanent, treaty-based tribunal.

Advancing the universality of the Rome Statute would be a fundamental contribution to ensuring accountability in the international community. We call on all States to ratify the Rome Statute and to fully cooperate with the ICC. If the universality of the Rome Statute is achieved, especially amongst the permanent members of the Security Council, there would be a more fertile ground for justice and stability in the international legal system.

Another point we would like to raise is the gap between the growing workload of the ICC and the resources available to it in its regular budget. This gap is widened by the current situation in which only States Parties cover the cost of Security Council referrals. We hope this can be solved in a fair and sustainable manner. We also hope that the recent call for voluntary contributions will not lead to selectivity in the work of the Court. All victims should be prioritized equally. The ICC was established to allow for the promotion of international criminal justice in a non-selective manner.

States must refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the UN Charter. Unfortunately, the international community has witnessed several attempts and violations of Article 2.4 of the UN Charter over the past decades and still today. This is a line that should never be crossed. If crossed, norms related to international accountability and responsibility must prevail.

To conclude, I would like to recall that Brazil voted in favor of the Human Rights Council resolution that created an independent Commission of Inquiry on Ukraine, to assess and review the facts on the ground. We trust that this mechanism will establish the facts and circumstances that may amount to violations of international law in Ukraine. The proper documentation of alleged crimes is the first step in ensuring individual criminal accountability.

I thank you.