Concluding Deliberations on Crimes against Humanity, Sixth Committee Speakers Debate Need for Universal Treaty Amidst Recent Conflict in Middle East
As the Sixth Committee (Legal) concluded today its deliberations of crimes against humanity, speakers spotlighted the need for a universal instrument on preventing and punishing those crimes in the midst of geopolitical confrontations, including the recent violence between Hamas and Israel, while also welcoming further constructive discussions during the second resumed session in April 2024. (For background see Press Release GA/L/3690.)
The representative of Mexico recalled that in 2022 a group of eight countries decided to present a draft resolution on crimes against humanity to establish a deliberative process with a clearly defined road map, deadlines and mandate towards the creation of a convention. Together with the Gambia, her country facilitated negotiations that led to the adoption of General Assembly resolution 77/249 — “Crimes against humanity” — with the co-sponsorship of 86 delegations. “We were able to achieve the common goals we had set,” she said.
Iran’s representative, however, emphasized that the current fragmentation of views on the draft articles hinder both responses and prevention, observing that attempts to incorporate definitions from non-universal instruments and national laws and practices have also stymied progress. Calling attention to the atrocities perpetrated against Palestinians, in particular those living in Gaza, he emphasized: “Such unlawful measures, which aim to bring about the destruction of the Palestinian people, constitute living and vivid examples of crimes against humanity.”
Countering that, Israel’s representative detailed the attack against Israeli citizens executed by “the genocidal jihadist Hamas terror organization”, underscoring that armed group committed three war crimes — targeting Israeli civilians, using the residents of the Gaza Strip, as well as the abducted Israelis, as human shields and threatening to execute the hostages. Reporting that 1,300 Israeli were killed, he called for every legal mechanisms being used against Da’esh to also be used against Hamas. Commending the International Law Commission's achievements on the drafts, he stressed the need to achieve the objective of preventing and punishing crimes against humanity.
“It is never easy when people are killed, to make the right choices,” the observer for the State of Palestine said. This is why international law exists. The international community elaborated rules to prevent the recurrence of the Second World War’s tragedies. Upholding these rules rely on their consistent, just and equal application. With the siege on 2 million people in Gaza, he questioned why some people are not demanding immediate access for humanitarian aid be provided, as international laws are being violated. “The fact that it is so difficult to say that, when those killed are Palestinians, puts into question how we apply the laws that were elaborated,” he said.
The carrying out of crimes against humanity were also brought to the fore by the representative of Poland, who said that the United Nations and the Organization for Security and Co-operation in Europe (OSCE) mechanisms indicate that the Russian Federation is committing such crimes on the territory of Ukraine. Stressing that States have the obligation to prevent, prosecute and punish such crimes, he said that a direct reference to the obligation towards victims, as well as a provision on the rights of children, are needed in the draft texts.
Jordan’s delegate, stressing that the international community must address the lack of a legal regime to combat such crimes — including those committed during the prolonged occupation in the Occupied Palestinian Territory — underlined that without a framework for inter-State cooperation the fight against impunity will not be successful. A convention based on the draft articles will define the crimes, establish a national jurisdiction and promote international cooperation, he emphasized.
Also calling for an international legal framework to address crimes against humanity, and lamenting the violence in Gaza, Egypt’s delegate emphasized that clarification is needed regarding the State exercising jurisdiction and how it is linked to the crimes being committed. Highlighting the importance of the issue of universality, he expressed reservations regarding references to the Rome Statute of the International Criminal Court.
That concern was present throughout the day-long meeting, with speakers expressing divergent views regarding the non-universal aspect of the proposed treaty, with some emphasizing that it should represent a solid point of reference for definitions adopted in a future convention, while others pointed out that that not all participants are parties to the Rome Statute and expressed reservations to the use of the definition of “crimes against humanity” as set forth in the draft texts.
Addressing that concern, Uruguay’s delegate welcomed that the drafts are based on the Rome Statute — even though that Statute is not universally ratified. “But, this is the very reason why it is important for a convention to exist,” he stressed, pointing out that it will give those States not prepared to accede to the Rome Statute the option to accede to an independent treaty.
Some delegations called for extending the drafts’ scope of existing crimes, with the representative of Eritrea suggesting including, inter alia, human trafficking, certain environmental crimes, the illegal exploitation of natural resources and the illegal dispossession of land to the list of the existing crimes.
https://creativecommons.org/licenses/by/3.0/legalcode
https://press.un.org/en/2023/gal3691.doc.htm
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