Brics Declaration puts focus on ADR, extradition and legal cooperation

The Brics New Delhi Declaration calls for deeper legal cooperation on ADR, extradition, asset recovery, terrorism and accountability under international humanitarian law

The Brics New Delhi Declaration on Saturday outlined a broad legal cooperation agenda, ranging from alternative dispute resolution (ADR) and cross-border commercial disputes to extradition of corruption fugitives, recovery of criminal assets, cybercrime and accountability for violations of international humanitarian law.

 

On the domestic and commercial justice front, the declaration called for stronger cooperation among Brics countries in the field of justice and took note of meetings of the bloc’s Ministers of Justice, Chief Justices and Heads of Prosecution Services. It specifically backed greater cooperation in resolving cross-border commercial disputes and recognised the growing role of ADR mechanisms, including mediation and arbitration, as complements to formal judicial processes.

 

 

The declaration linked efficient dispute-resolution mechanisms with legal certainty, investor confidence and international trade and investment. It also called for ADR to be promoted as an accessible and people-centric mechanism and supported capacity-building for stakeholders across Brics countries.

 

The bloc also sought deeper cooperation against cross-border corruption and economic offenders. Brics welcomed the establishment of an Expert Network on Asset Recovery and a repository for tracing fugitive offenders wanted in corruption cases and supporting extradition. It also recorded discussions on creating a network of law-enforcement practitioners to strengthen cooperation on fugitive offenders, subject to the domestic legal frameworks of member countries.

 

The declaration further stressed the importance of criminal asset recovery and called for cooperation through asset-tracing networks and other mechanisms to facilitate the recovery and return of assets in accordance with the UN Convention against Corruption and domestic laws.

 

Another significant criminal-law component is the bloc’s response to organised cyber-enabled financial crime. Brics flagged cross-border fraud, scam networks, money laundering, illicit virtual-asset flows and the use of information and communication technologies for criminal purposes. It called for coordinated international action to dismantle such networks, trace and recover criminal proceeds and protect victims.

 

The declaration also sought closer cooperation between financial-intelligence units, law-enforcement agencies, tax authorities and supervisory bodies, including through information sharing and data analytics, to detect and disrupt money-laundering schemes and strengthen digital financial security.

 

On terrorism, it said those involved in terrorist activities and their support must be held accountable and brought to justice under relevant national and international law. It also called for the early finalisation and adoption of the Comprehensive Convention on International Terrorism within the UN framework.

 

The declaration further emphasised accountability for violations of international humanitarian law. Brics condemned deliberate attacks on civilians and civilian infrastructure, obstruction of humanitarian access and targeting of humanitarian personnel, and underlined the need to address accountability for all such violations.

 

In the context of Gaza, it referred to the provisional measures issued by the International Court of Justice in the proceedings brought by South Africa against Israel and said these reaffirmed Israel’s legal obligation to ensure humanitarian aid in Gaza.

 

It separately invoked international law and international judicial bodies in opposing forced displacement and practices that undermine legal norms.

 

The declaration also said attacks on UNIFIL installations and personnel violate international law and UNSC Resolution 1701 and called for those responsible to be held accountable.

 

Taken together, the provisions indicated an expanded Brics legal-cooperation agenda spanning commercial dispute resolution, prosecution and extradition, asset recovery, cyber-enabled crime, terrorism and international humanitarian law, alongside stronger institutional links among justice ministries, courts and prosecution agencies.