Sixth Committee Evaluates Ongoing Efforts to Conclude Treaty on Crimes against Humanity

Sixth Committee Evaluates Ongoing Efforts to Conclude Treaty on Crimes against Humanity

As work continues towards a legally binding treaty on preventing and punishing crimes against humanity, speakers in the Sixth Committee (Legal) today underlined the need for a future convention that enjoys broad support and closes a long-persisting gap in the international criminal architecture.

"The development of international law takes time," observed the representative of Guatemala, adding that the process of doing so where crimes against humanity are concerned "does indeed show this". Despite the adoption of the Genocide Convention in 1948 and the Geneva Conventions in 1949, he pointed out that "crimes against humanity continued to be perpetrated for decades without any international instrument to prevent and punish them". It was not until 2019 that the International Law Commission submitted its draft articles on the subject to provide a basis on which to conclude such a treaty.

In 2024, the General Assembly decided to convene a UN Conference of Plenipotentiaries on Prevention and Punishment of Crimes against Humanity, noted the representative of Libya, speaking for the Arab Group. He underlined the importance of international cooperation to combat these crimes, as they "shock the conscience of humanity and undermine social cohesion". However, efforts to do so must guarantee the universality of legal and humanitarian norms, he stressed, "because the impunity we are witnessing is unacceptable".

Urging the Committee to avoid "impetuous and selective approaches in this endeavour", Eritrea's representative rejected "pervasive double standards in the application of international criminal justice". She underscored: "When applied unevenly, international law loses its moral authority, credibility and effectiveness, becoming a tool of political influence rather than a guarantor of justice." Cooperation must be consensual and based on mutual respect - not unilateral imposition - and she joined others in stating that the primary responsibility to prevent and punish these crimes rests with States.

The process of negotiating a possible convention, then, should be "based on clear, transparent and inclusive foundations", said Algeria's representative. Further, decisions should be made by consensus while avoiding selectivity and politicization. "This would ensure an international treaty enjoying the broadest possible support among States and enhance prospects for its effective implementation," he emphasized.

Striking a Balance

Similarly, the representative of Malaysia urged that a future convention "be capable of attracting the broadest possible participation and support among Member States, including those with differing treaty relationships and domestic legal systems". To that end, any obligations relating to the exercise of national jurisdiction, extradition and mutual legal assistance "should strike an appropriate balance between advancing international cooperation and preserving the sovereign prerogatives of States", he said.

Achieving the broadest possible consensus, said France's representative, is "crucial for ensuring the legitimacy of the future instrument". He noted that other accords exist, such as the Ljubljana-Hague Convention on Mutual Legal Assistance, which aims to strengthen legal cooperation in investigating and prosecuting international crimes. France will soon ratify this treaty, and he encouraged all States to do the same. Nevertheless, he emphasized that it "must be complemented by the drafting of a universal instrument on the prevention and punishment of crimes against humanity".

"For African States, this undertaking carries particular significance," said the representative of Ghana. Africa has experienced the devastating consequences of mass atrocities against civilian populations, and he stressed: "These experiences remind us that lasting peace, stability and sustainable development require effective institutions and accountability for such crimes." He was also among those spotlighting the adoption of a General Assembly resolution earlier in 2026 that declared the racialized chattel enslavement and trafficking of Africans as "the gravest crime against humanity".

That landmark resolution "will be significant in our negotiation of this convention", observed South Africa's representative. She, too, urged States to work towards adopting such an instrument through consensus so that it "gains universal acceptance and implementation". Detailing the importance of doing so, she pointed to the need to close the treaty gap, oblige States to address crimes against humanity within their domestic legal systems and establish formal frameworks for mutual legal assistance, extradition and "pathways to truth and reparation across borders".

Draft Articles Point the Way

Many pointed to the value of the Commission's draft articles as a starting point, including the representative of Sweden, also speaking for Denmark, Finland, Iceland and Norway. While the Commission's draft articles provide a "solid and credible basis" on which to base such a treaty, she proposed several amendments to "better reflect current realities". These include the recognition of reproductive violence and forced marriage as constitutive acts of crimes against humanity, she said, also pointing to the need to address the gendered dimensions of these crimes.

Agreeing that the Commission's draft articles "constitute a sound and coherent foundation for the negotiations ahead", the representative of Cyprus said that a future convention and the Rome Statute of the International Criminal Court must be mutually reinforcing. Stating that the Statute's definition of "crimes against humanity" in article 7 "represents a fundamental achievement" in international codification, he said that a future convention "must preserve the integrity of the Rome Statute framework".

Relatedly, Chile's representative said that this definition arose from broad consensus and is based on well-established customary practice, so a future convention "must be seen as a complement to - and not a replacement for - the Rome Statute". Additionally, she urged: "Our intention must be to endow the international community with an effective instrument to prevent these atrocious crimes and to respond effectively to the victims and communities affected thereby."

The representative of Costa Rica agreed that the convention's efficacy must be "measured by its ability to protect people". He emphasized: "It must respond both to those who have already suffered these crimes and to those who need protection today so that they do not become future victims."

And while consensus is "a goal worth pursuing" in this endeavour, it must not become a "veto in disguise", stressed Portugal's representative. It should encourage dialogue, flexibility and common solutions - not block negotiations. He concluded: "80 years after Nuremberg, humanity is still waiting for the treaty that bears its name. We have the text, the timetable and the mandate. Let's keep the pace."