Unlike other international crimes, such as war crimes, genocide, torture and enforced disappearance, there is still no international treaty specifically dedicated to crimes against humanity. It is widely recognized that this is a major gap in the international justice system and a specific legal instrument to address crimes against humanity is needed.
In 2019, the International Law Commission (ILC) adopted the Draft Articles on Prevention and Punishment of Crimes Against Humanity (ILC Draft Articles), submitted them to the UN General Assembly for its consideration and recommended the elaboration of a Convention on their basis. In December 2022, the General Assembly established a two-year process to further consider the ILC’s recommendation. The Sixth Committee is set to take a decision on the ILC’s recommendation in autumn 2024.
TRIAL International calls on States to fully support the elaboration and adoption of a future Convention on Prevention and Punishment of Crimes against Humanity. States should actively engage in the ongoing discussions on the ILC Draft Articles and commit to a process of negotiation that allows the adoption of a treaty on the prevention and punishment of crimes against humanity. This can be a historic moment to promote the adoption of a new universally legally binding instrument that will strengthen the legal framework applicable to crimes against humanity for the decades to come.
