Human Rights Watch, in collaboration with Columbia Law School’s Prevention of Crimes Against Humanity Project, has released a detailed report promoting the adoption of an international treaty focused solely on crimes against humanity. This report advocates for the future implementation of a legal framework to ensure effective prosecution of such serious offenses, building upon the 2019 International Law Commission (ILC) draft articles.
The proposed treaty aims to address crimes against humanity, offering a standardized approach within various international jurisdictions. Human Rights Watch emphasized that this legal instrument could strengthen the foundations of international law, encouraging states to adopt national legislation and facilitating domestic court processes through mutual legal assistance. The report is available here.
Key recommendations in the report urge for protections that prioritize historically marginalized groups. These proposed amendments seek to safeguard communities such as Indigenous peoples, women, children, individuals with disabilities, and LGBTQ individuals. They emphasize that the treaty should allow member states to advance meaningful avenues for redress. According to the report, the treaty is anticipated to be adopted by 2029.
A significant aspect of the discussions involves refining treaty definitions to acknowledge the unique harms faced by specific groups. For example, the report calls for explicit language to recognize forced marriage as a unique crime against humanity, distinguishing it from other criminal acts under the Rome Statute. The International Criminal Court (ICC) has previously ruled that forced marriage has a unique character as a coercive union infringing upon fundamental personal rights.
Accessibility and inclusivity in treaty negotiations are also underscored, with recommendations for webcasts and simultaneous translations of proceedings. This would enable broader participation from victims’ and survivors’ groups, women’s rights defenders, Indigenous communities, academics, and young people.
Crimes against humanity include heinous acts such as murder, extermination, enslavement, and torture, often against civilian populations. While the treaty would formalize these crimes further, their prohibition is already an established peremptory norm confirmed by the ILC and enshrined in the Rome Statute.
The UN has decided to commence formal work on the convention in December 2024, following discussions in the General Assembly’s Sixth Committee. This step signals a concerted global effort to address and prosecute crimes that deeply impact human rights across the world.
For a broader perspective on this development, you can find additional insights on the Human Rights Watch website here.