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The International Commission of Jurists (ICJ) stands united with a diverse coalition of more than 300 organizations and individuals from around the globe in issuing a call for States to adopt a procedure at the 79th session of the UN General Assembly to move the Draft Articles on the Prevention and Punishment of Crimes Against Humanity forward to negotiation of a treaty. This collective initiative underscores the need for a cohesive international legal framework to prevent, prohibit and punish the perpetration of some of the most serious crimes under international law. The ICJ urges States to leverage the upcoming April resumed session of the United Nations’ Sixth Committee, held on 1-5 and 11 April 2024, to express unequivocal support for the initiation of a full process of Inter-State negotiations based on the International Law Commissions Draft Articles on Prevention and Punishment of Crimes Against Humanity. This critical step is essential for the formulation of a global treaty that aims to ensure cohesion across the globe on ensuring full accountability and redress for victims of crimes against humanity, and adopt measures to prevent and punish them.
The absence of a dedicated treaty for crimes against humanity constitutes a long-standing gap in the international legal architecture. The Draft Articles, recommended by the UN’s International Law Commission in 2019, offer a wide-ranging foundation for a treaty to counter impunity but and concretize minimal obligations of States to prevent these heinous crimes and enhance international cooperation.
The ICJ underscores the criticality of moving the Draft Articles to a comprehensive treaty negotiation process and ultimately adopting a treaty that embodies a gender-competent, survivor-centered and intersectional approach. The Draft Articles present a strong starting point for negotiation of that treaty. States can use the resumed session to identify important areas for further strengthening the Draft Articles.
In alignment with our call for an inclusive treaty-making process, the ICJ emphasizes the importance of facilitating meaningful participation from a broad spectrum of stakeholders, including victims, survivors, and communities affected by crimes against humanity.
Contact: Ian Seiderman, ICJ Legal and Policy Director, e: ian.seiderman@icj.org Kate Vigneswaran, ICJ Director of the Global Accountability Initiative, e: kate.vigneswaran@icj.org Raquel Saavedra, ICJ International Legal Advisor, e: raquel.saavedra@icj.org
Background
In 2013, the UN’s International Law Commission approved crimes against humanity to be included in its programme of work. The Commission, in 2019, recommended the elaboration of a convention by the UN General Assembly or by an international conference.
In 2022, the UN’s Sixth Committee adopted resolution 77/249 to take forward steps for a treaty on crimes against humanity, including two interactive sessions in 2023 and 2024 on the Draft Articles, and a plan to take a decision on the ILC’s recommendation that a treaty go forward in the 79th session of the General Assembly.