On 23 October 2025, the International Commission of Jurists, together with End Gender Apartheid, Asia Justice Coalition, Amnesty International, Gender Dynamix, Lawyers for Human Rights and Centre for Strategic litigation, delivered an oral statement during the public session of the 85th Ordinary Session of the African Commission on Human and Peoples’ Rights.
The statement highlights the United Nations General Assembly’s adoption in late 2024 of a resolution authorizing the commencement of negotiations to elaborate and conclude a Convention on the Prevention and Punishment of Crimes against Humanity. Preparatory Committee meetings will be held in 2026 and 2027, which will be followed by negotiations in a Conference of Plenipotentiaries in 2028 and 2029. The proposed Convention aims to:
- codify the universal obligation to prevent and punish crimes against humanity,
- reinforce national accountability mechanisms for such crimes and
- promote access to justice and reparations for victims and survivors of crimes against humanity.
“Now, States have the opportunity to develop a tool that will expressly codify the obligation to prevent and punish crimes against humanity, strengthen domestic systems to ensure accountability for these crimes, facilitate cooperation across borders, and provide victims and survivors with better access to justice and reparations for such crimes”, said Petronella Mukaindo, ICJ Associate Legal Advisor.
In their statement, the ICJ and its partners called upon African States to engage actively in the negotiations toward an International Convention on the Prevention and Punishment of Crimes against Humanity and underscored the importance of adopting a trauma-informed, gender responsive and intersectional approach to justice and accountability, one that relies on practical tools and mechanisms to effectively safeguard marginalized groups and advance the rights and interests of victims and survivors.
The joint statement further emphasizes the important role African States can play in shaping this convention and outlined three keyways in which they can do so:
- Inclusive participation: ensure meaningful involvement of diverse civil society groups and survivors, including NGOs without ECOSOC status, with attention to gender balance and representation,
- Substantive input: critically review and strengthen the draft text to include trauma-informed, gender-sensitive and intersectional approaches to justice and support the inclusion of the slave trade in the text,
- Regional dialogue: organize regional discussions in 2025 and 2026 to develop collective African proposals and ensure regional perspectives are reflected in the UN negotiations.
The joint statement delivered on 23 October was delivered by ICJ and its partners: End Gender Apartheid, Asia Justice Coalition, Amnesty International, Gender Dynamix, Lawyers for Human Rights and Centre for Strategic litigation. Professor Bonita Meyersfeld (University of Witwatersand) and Her Ladyship Judge Margie Victor (South Africa) endorsed the statement.
Background
In contrast to existing international law instruments on genocide and war crimes, to date, no dedicated international convention addresses crimes against humanity. While the Rome Statute of the International Criminal Court provides the International Criminal Court with jurisdiction over international crimes including crimes against humanity and regulates its relationship with domestic criminal justice systems, a standalone international convention would oblige ratifying States to criminalise crimes against humanity in their domestic law, prevent the commission of crimes against humanity and investigate and prosecute the crimes (or extradite the perpetrators where relevant), and ensure the provision of remedies and reparations for victims
Download
Full Statement CAH Statement
Contact
Kaajal Ramjathan-Keogh, ICJ Africa Director Kaajal.Keogh@icj.org
