Published On 28/10/2025
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Last update: 06:03 (Mecca time)
Human Rights Watch and the Crimes Against Humanity Prevention Project of Columbia Law School said on Monday that developing an effective international agreement to prevent crimes against humanity and punish their perpetrators will require ambitious diplomacy and future visions.
The two bodies recommended, in a new paper containing 25 recommendations to delegations participating in the United Nations as they prepare for formal negotiations on the treaty, that the international convention include crimes against humanity “genocide, enslavement, rape, forced pregnancy, persecution, enforced disappearance, apartheid, etc., when committed as part of a widespread or systematic attack directed against the civilian population.”
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The paper considered these crimes among the most serious violations of international law, and considered prohibiting them “a peremptory rule that no state can evade.” The new treaty will contribute to achieving consistency between different judicial systems and enabling cooperation between states to prevent the commission of these crimes.
“It has been 80 years since Nazi leaders were indicted for crimes against humanity at Nuremberg, and yet we are still waiting for a treaty fully dedicated to dealing with these crimes,” said Human Rights Watch Crisis Advocacy Director Akshaya Kumar.
Kumar added that diplomats meeting in New York must address what she called a “void” and commit to a process that fundamentally addresses “the exclusion and inequality that have often characterized international law-making in the past, so that this treaty can better anticipate the next eight decades.”
In December 2024, UN Member States agreed, by General Assembly Resolution 79/122, to proceed with formal work on this treaty.
It has been 80 years since Nazi leaders were indicted for crimes against humanity at Nuremberg, yet we are still waiting for a treaty fully dedicated to dealing with these crimes.
The process will begin with the formation of a preparatory committee in January 2026, which is a significant step to consolidate global commitment to preventing and punishing these crimes. The New York meetings should be complemented by regional meetings and consultations to enhance participation and access, especially in light of increasing visa restrictions in the United States.
The two bodies also stressed that the organizers must commit to broadcasting the sessions live with simultaneous translation to ensure the broadest possible participation, including victims and survivors, women’s rights defenders, indigenous communities, academics, and people with disabilities who may need accommodations, as well as children and youth.
They also emphasized that the coming months will test the ability of countries to maintain unity and vision in the face of political headwinds.
To achieve the best possible outcome, delegates must be prepared to vote when consensus decision-making blocks or delays progress.
This October, member states of the United Nations Sixth Committee, the legal body of the General Assembly, met to discuss the path towards formal negotiations.
One country after another affirmed its support for the process contained in the December 2024 resolution, and expressed its intention to participate in drafting a convention that would protect civilians from these atrocities.
Led by Costa Rica, dozens of delegations from Africa, Latin America, Europe and Asia called on October 13 for the inclusion of civil society organizations at all stages, including those that do not have formal consultative status in the United Nations Economic and Social Council, recognizing the difficulty for local groups in obtaining and maintaining such accreditation.
At the same meeting, Germany also indicated the importance of civil society organizations participating in the “working group” sessions scheduled to be held in January 2026.
At the January meetings, each delegation will have an opportunity to present its views on possible amendments to the draft articles prepared by the International Law Commission and published in 2019.
These articles were the subject of discussion at two “resumed” sessions of the Sixth Committee in 2023 and 2024, as well as in a round of written comments, and were addressed in the briefing paper issued yesterday, Monday.
By April 30, 2026, states must submit their proposals to amend the 2019 draft articles, with these proposals to be included in a package of documents to be discussed at the 2028 and 2029 diplomatic conferences.
The two bodies urged negotiators to use this multi-year process to improve the text of the treaty, so that it better reflects the unique harms faced by women, people with disabilities, children, and other vulnerable groups.
They also stressed the need for the final text to include procedural guarantees for defendants, limit safe havens for suspects, and recognize the rights of victims while maintaining the broadest possible scope of judicial jurisdiction.
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