Statement by by the Chargé d’Affaires, Ambassador João Genésio de Almeida Filho at the UNSC briefing on UNITAD - June 7th, 2023
Mister President,
I thank the Special Advisor Christian Ritscher for his presentation.
I welcome the Iraqi delegation to this meeting.
Mister President,
Resolution 2379 was clear about the mandate given to UNITAD by this Council. The Iraqi government asked for UN assistance to holdDa’esh accountable for crimes committed in Iraq. This then prompted the Council to determine the establishment of UNITAD, as a temporary mechanism, with the aim to assist Iraqi authorities through the collection of evidence for use before domestic courts.
In setting out UNITAD’s mandate, resolution 2379 also specifies that Iraqi national courts are the primary intended recipient of the evidence collected in Iraq. In accordance with that same resolution, any other use of the evidence collected by UNITAD, including before the courts of other States, must always be determined in agreement with the Government of Iraq.
Over the past few years, UNITAD’s reports have been asserting that large amounts of evidence have now been collected, stored and processed. Even though the opening of new lines of investigation is still often announced in the successive reporting periods, it is also informed that many investigations have already concluded and are ready for trial. Yet, until now, we have not seen the necessary subsequent steps towards the fulfillment of UNITAD’s mandate, which requires delivering the evidence collected by the investigative team to Iraqi authorities.
Mister President,
We acknowledge that the adoption of domestic legislation in Iraq on core international crimes would constitute important progress in enabling Iraqi courts to prosecute Da’esh members for these most serious violations of international criminal law. This remains a matter within the sovereignty of Iraq and its domestic legal system, which can surely benefit from technical support provided by UNITAD.
We also note that the wealth of documentation currently in possession of UNITAD remains primarily tied to Iraq’s territorial jurisdiction. Additionally, it uncovers various types of international crimes committed within Iraq and against the Iraqi population.
The successive reports by UNITAD, including the latest one, acknowledge that foreign countries have been provided with expertise and information from UNITAD, including evidence collected within Iraq. We hope that UNITAD’s sharing of evidence with these countries is being pursued strictly in agreement with the Iraqi government, within the limits of UNITAD’s mandate.
Mister President,
To conclude, we would like to express our understanding that the coming months are going to be crucial for any further extension of UNITAD’s mandate, set to expire next September and conditioned upon the renewal of Iraq’s request of assistance. From our part, we stress the importance, already underscored by this Council through resolution 2651, of the timely sharing of evidence by UNITAD with the Iraqi authorities.
We encourage UNITAD to work constructively with the government of Iraq in order to set a credible timeframe for the completion of its mandate. This would reinforce UNITAD’s commitment to support Iraqi efforts to hold Da’esh members accountable, as well as its commitment towards all victims who await Justice to be delivered by and within Iraq.
And I thank you.