Context:

Recently, the United Nations Sixth Committee adopted a resolution by consensus to advance negotiations on the Draft treaty on Crimes Against Humanity.

More on the news

• In 2019, the International Law Commission (ILC), completed a set of proposed draft articles , titled the Draft Articles on Prevention and Punishment of Crimes Against Humanity (“Draft Articles”), were prepared by the International Law Commission (ILC). 
• The UN General Assembly (UNGA) then sent them to the Sixth Committee for consideration, which was subsequently adopted by resolution.  
• Sponsors of the resolution include Mexico and Gambia and are backed by 96 other countries.
• The resolution calls for a concrete and time-bound process consisting of preparatory sessions in 2026 and 2027, and three-week negotiations in 2028 and 2029, where a treaty will be finalized.
• This move came after Russia withdrew amendments that could have derailed the effort.

What are Crimes Against Humanity (CAH)?

• CAH include acts of murder; extermination; enslavement; deportation or forcible transfer of population; torture; rape, sexual slavery, enforced sterilization; persecution; enforced disappearance; the crime of apartheid; and other inhumane acts.
• For any of the above acts to constitute CAH, two elements must be met:  the act is committed against a civilian population (as opposed to soldiers or other non-civilian populations), and the act is part of a widespread or systematic attack (not singular violations).

Need for the Treaty

• Rising cases of crimes against humanity (CAH): As recently seen in Ethiopia, Ukraine, Israel and the occupied Palestinian territory, Sudan, and Myanmar. 
• ICC Jurisdiction Limitations: The International Criminal Court (ICC) does not have jurisdiction over nearly 70 countries, meaning perpetrators in these states can evade justice for crimes against humanity.
• Absence of specific treaty: Although CAH are defined under various treaties, including the Rome Statute, there is no specific treaty which expressly addresses CAH cases.
• State’s duty to prevent and punish CAH: A treaty on CAH could clarify states’ obligations to prevent and punish these crimes.
• Domestic laws: It can require states to adopt national legislation to outlaw CAH in their domestic criminal codes and cooperate with other states to extradite or domestically prosecute perpetrators.
• Deterrence: Laws against CAH signals to all potential perpetrators that they will face justice if they commit these crimes and can thus contribute to helping to deter their commission over time.
• Rights of victims: A treaty could also codify the rights of victims and require states to engage with them to achieve justice.