Amnesty International on Oct. 9 called on the United Nations General Assembly (UNGA) to commence negotiations on a global treaty to prevent and punish crimes against humanity. The organization said UNGA must solidify and strengthen the existing international framework in order to deliver justice more efficiently.

Although specific crimes such as genocide are covered under international law, there is no general convention regarding crimes against humanity, despite their illegality under the Rome Statute of the International Criminal Court. Unlike global treaties such the Genocide Convention, which obligate state parties to prevent and punish specific crimes within their territory, the Rome Statute only empowers the International Criminal Court to investigate and prosecute with respect to the crimes listed in the statute, including genocide, crimes against humanity, war crimes, and the crime of aggression.

Amnesty International's secretary general, Agnes Callamard, stressed the urgent need for the convention, stating:

The Crimes Against Humanity Convention could be a milestone treaty in more ways than one. It would impose obligations on states not only to criminalize and punish crimes against humanity, but also to prevent them, and to cooperate with other states, including through mutual legal assistance.

The organization highlighted gaps in international law concerning gender-related crimes, such as gender apartheid, forced marriage and forced abortion, which are not well-addressed by current treaties. A new convention can ensure accountability by providing universal jurisdictions to state parties to prosecute or extradite suspects in their territories. Universal jurisdiction allows states to prosecute offenders even if the crimes were committed in another country. While this can ensure accountability, it remains controversial, as it challenges the principle of national sovereignty.

Amnesty International has previously recommended inclusion of such a framework to the UN International Law Commission. Recommendations include expanding the definition of crimes against humanity, and rejecting the "flawed" definition of gender in the Rome Statute.

The sixth committee of UNGA, designated to deal with legal matters, began its 79th session on October 2, which is planned to continue till November 22. Crimes against humanity have been on the committee’s agenda since its 75th session, and several related resolutions were passed in the 77th and 78th sessions.

From Jurist, Oct. 11. Used with permission.

See our feature "Ukraine's Difficult Path to Justice," October 2023