The International Commission of Jurists welcomes the opportunity to support States in this historic initiative to elaborate a convention to prevent and punish crimes against humanity.
As negotiations proceed, we implore States to consider amendments to the ILC draft, including in the enumeration of criminal offenses, that take account of developments in international law since the last time this normative area was addressed through a treaty process in 1998 in Rome. This includes, among others, the penalisation of persecution, enforced disappearance, the slave trade and gender-based crimes including gender apartheid, forced marriage, forced pregnancy, sexual slavery and deprivations of reproductive autonomy and integrity. It also includes ensuring the Convention fully codifies the right to an effective remedy and reparation and the right to a fair trial by independent civilian courts.
Full and effective access to remedies and reparations by survivors will necessarily require full and effective implementation of the convention. This is likely to be achieved only if there are robust supervisory and enforcement mechanisms, which the ILC Draft Articles currently lack. There is no international mechanism for States to facilitate mutual support for each other through technical assistance, capacity building and other international cooperation; or to develop interpretive guidance, monitor implementation or promote remedial measures for victims and survivors. States should therefore move to create a treaty body or similar implementation and enforcement mechanism for the Convention.
The ICJ recalls that victims and survivors will be the primary beneficiaries of this Convention and their perspectives must be front and centre in the process. States must thereafter adopt measures for full and effective civil society and victim participation in future discussions, or the professed commitment to victim-centred approaches to justice will ring hollow.
Thank you.
Oral statement: CAH Convention, Preparatory Committee, Opening Plenary
Date: 19 January 2026
Speaker: Ian Seiderman
