Sixth Committee (Legal) — 78th session
Crimes against humanity (Agenda item 80)
- Authority: resolution 77/249
Documentation
- A/78/717 + Add.1 — Report of the Secretary-General
- 2019 ILC Report
Documents relevant to the resumed session
- A/C.6/78/L.22 – Draft Written Summary of the Resumed Sessions of the Sixth Committee (2023 and 2024) and A/C.6/78/L.22/Add.1 – Draft Chair’s Summary of the Deliberations at the Resumed Session of the Sixth Committee (2023 and 2024)
- A/C.6/78/2 – Final version of the Written Summary, with its annex [forthcoming (it will be issued and published on this page in due course)]
- Oral report of the co-facilitators (2024 resumed session)
- Programme of work for the resumed session
- Draft articles on prevention and punishment of crimes against humanity with commentaries, 2019
- Draft articles on prevention and punishment of crimes against humanity, arranged by thematic clusters, to be considered at the resumed seventy-seventh and seventy-eighth sessions
Additional documents from previous sessions:
- Oral report of the co-facilitators on crimes against humanity (first resumed session)
- A/CN.4/713 — Topical summary of the discussion held in the Sixth Committee of the General Assembly during its seventy-second session, prepared by the Secretariat
- A/CN.4/726 + Add.1 + Add.2 — Comments and observations received from Governments, international organizations and others, 2019
- A/CN.4/734 — Topical summary of the discussion held in the Sixth Committee of the General Assembly during its seventy-fourth session, prepared by the Secretariat
- Full text of the comments and observations received from Governments in 2015, 2016 and 2017
- Full text of the comments and observations received from Governments, international organizations and others, 2019
Summary of work
Background (source: A/78/100)
At its seventy-fourth session, the General Assembly, under the item entitled “Report of the International Law Commission on the work of its seventy-first session”, took note of the draft articles on prevention and punishment of crimes against humanity contained in chapter IV of the report of the Commission (A/74/10), and decided to include in the provisional agenda of its seventy-fifth session an item entitled “Crimes against humanity” and to continue to examine the recommendation of the Commission contained in paragraph 42 of its report on the work of its seventy-first session (resolution 74/187).
The Assembly has had the item on its agenda annually since its seventy-fifth session (resolutions 75/136, 76/114 and 77/249).
At its seventy-seventh session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 72 delegations (see A/C.6/77/SR.9–11). The Assembly took note once again of the draft articles presented by the International Law Commission and decided that the Sixth Committee would resume its session for five days, from 10 to 14 April 2023, and for six days, from 1 to 5 April and on 11 April 2024, in order to exchange substantive views, including in an interactive format, on all aspects of the draft articles, and to consider further the recommendation of the Commission contained in paragraph 42 of its report (A/74/10). The Assembly also decided that a written summary of the deliberations during the two resumed sessions would be prepared by the Sixth Committee at the end of the second resumed seventy-eighth session and invited States to submit, by the end of 2023, written comments and observations on the draft articles and the recommendation of the Commission, which it requested that the Secretary-General circulate in a compilation well in advance of the resumed seventy-eighth session. Finally, the Assembly decided that the Sixth Committee would further examine the draft articles and the recommendation of the Commission at the seventy-ninth session of the Assembly and take a decision on the matter, without prejudice to the question of their future adoption or other appropriate action (resolution 77/249).
Consideration at the seventy-eighth session
The Sixth Committee considered the item at its 9th, 10th and 11th meetings, on 11 and 12 October 2023. The views of the representatives who spoke during the Committee’s consideration of the item are reflected in the relevant summary records (See A/C.6/78/SR.9, 10 and 11).
Statements were made by the representatives of the Gambia (on behalf of Afghanistan, Albania, Andorra, Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, Colombia, Comoros, Costa Rica, Croatia, Cyprus, the Czech Republic, Denmark, Djibouti, the Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, the Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Honduras, Iceland, Ireland, Italy, Japan, Jordan, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malta, the Marshall Islands, Mauritius, Mexico, the Federated States of Micronesia, Monaco, Montenegro, the Kingdom of the Netherlands, New Zealand, North Macedonia, Norway, Palau, Paraguay, Peru, Poland, Portugal, the Republic of Korea, the Republic of Moldova, Romania, Samoa, San Marino, Senegal, Serbia, Sierra Leone, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tunisia, Uganda, Ukraine, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Uruguay, Vanuatu, the European Union and the State of Palestine), Uganda (on behalf of the African Group), the European Union (on behalf of its member States (the candidate countries Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova and Bosnia and Herzegovina, the potential candidate country Georgia, as well as Andorra, Monaco and San Marino, aligned themselves with the statement)), Sweden (on behalf of the Nordic Countries: Denmark, Finland, Iceland, Norway and Sweden), New Zealand (on behalf of Canada, Australia and New Zealand (CANZ)), Latvia (on behalf of Estonia, Latvia and Lithuania), Singapore, Liechtenstein, Brazil, the United States of America, Guatemala, Austria, Germany, Belgium, Hungary, Belarus, Israel, the Kingdom of the Netherlands, Switzerland, Portugal, the Islamic Republic of Iran, Bangladesh, Senegal, Mexico, the United Kingdom of Great Britain and Northern Ireland, Argentina, Slovakia, Sri Lanka, Jordan, Slovenia, Ireland, Costa Rica, Peru, Colombia, Egypt, China, Poland, Qatar, Viet Nam, Cameroon, Burkina Faso, Cuba, South Africa, El Salvador, the Plurinational State of Bolivia, Eritrea, India, Malta, Tunisia, Pakistan, Malaysia, Thailand, Armenia, Romania, the Dominican Republic, the Philippines, Iraq, Albania, Uruguay, Kuwait, Türkiye, Ethiopia, Italy, the Russian Federation, France, Nigeria, Chile, Saudi Arabia, Myanmar, Mozambique, Mali, Kenya, Indonesia, Sierra Leone, the Syrian Arab Republic, Lebanon, Algeria, Haiti, Djibouti, Yemen and Libya. Statements were also made by the observers for the State of Palestine and the Holy See.
Delegations recalled that crimes against humanity shocked the conscience of humanity and were among the most serious crimes under international law. They generally agreed that such crimes threatened international peace and security, endangered the enjoyment of human rights and were of concern to the international community as a whole. Delegations recalled the primary responsibility of States to prevent and punish such crimes when they occur on their respective territories or are committed by their nationals. A number of delegations affirmed that there was also a collective duty to prevent and punish crimes against humanity and to ensure that their perpetrators are held accountable. Several delegations expressed the view that the obligation to prevent and punish crimes against humanity was a peremptory norm of general international law (jus cogens). A number of delegations highlighted the importance of protecting the rights of victims of crimes against humanity and ensuring access to justice. Many delegations shared details of their national efforts to prevent and punish crimes against humanity, and several deplored examples of specific instances they considered to amount to such crimes.
Delegations expressed appreciation for the work of the International Law Commission on the topic and the draft articles on prevention and punishment of crimes against humanity. A number of delegations welcomed the holding of a resumed 77th session dedicated to the discussion of the draft articles in April 2023. Several of them expressed appreciation for the substantive and detailed legal debate the resumed session enabled. Some delegations highlighted the convergence of legal views on a number of points, while persisting differences of view were also noted. The resumed session procedure was welcomed as a model that could be applied to the consideration of other products of the International Law Commission by the Sixth Committee. It was emphasized that structured dialogue and engagement were the avenues for progress by the Committee on the topics before it. Several delegations highlighted the importance of reaching a consensus on the way forward. Some delegations considered that differences of view should not be allowed to delay further progress. The importance of building trust among delegations was emphasized.
Several delegations expressed their intention to submit written comments on the draft articles in line with resolution 77/249 and to participate actively in the resumed 78th session, to be held in April 2024. Other delegations were urged to do the same. The Co-facilitators and the Secretariat were encouraged to ensure that the oral reports of the co-facilitators and the written summary of the resumed sessions accurately reflected the views of all participating delegations.
Several delegations expressed support for the elaboration of an international convention on the topic on the basis of the draft articles. A number of delegations considered that such a convention would fill a gap in the international legal framework. Some delegations observed that a convention would consolidate international law in the area and contribute to legal certainty. Others noted that a convention could provide a legal framework to encourage national-level prosecutions of alleged perpetrators and international legal cooperation to that end. While a number of delegations expressed the view that the draft articles could be improved in certain respects, several delegations highlighted the value a convention would have as a reaffirmation of the commitment of the international community to prevent and punish crimes against humanity. A number of delegations highlighted the need to address the legitimate concerns of all States to ensure the effective and universal implementation of a potential convention.
Some delegations questioned the need for a new convention and its urgency. Others expressed doubts concerning the prospects for the successful elaboration of a convention in light of the differing views of States on certain questions of substance. The need for work on such a major, systematic project to proceed on the basis of a broad consensus was underscored. The possibility for States to accede to the 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity was noted. Nevertheless, some delegations emphasised the useful practical recommendations embodied in the draft articles. Some delegations highlighted the importance of maintaining consistency with existing legal instruments. Other delegations cautioned against imposing definitions from instruments that did not enjoy universal acceptance.
Several delegations expressed views on a number of substantive aspects of the draft articles. A number of delegations called for a reference to the prohibition of the use of force and the principles of territorial integrity, sovereign equality and non-intervention in the internal affairs of States. Among recurring themes were the question of potential conflicts of jurisdiction and the question of the definition of crimes against humanity, including additional crimes. The following were specifically mentioned, inter alia, as potential such crimes: colonization, enslavement, the slave trade, pillaging of natural resources, sexual and gender-based violence and gender apartheid. Several delegations called for safeguards to prevent political abuse of universal jurisdiction.
A number of delegations welcomed the adoption of the Ljubljana-The Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes and Other International Crimes. It was emphasized that such convention would complement a new convention for the prevention and punishment of crimes against humanity. The importance of ensuring consistency between the two initiatives was also highlighted.
The Sixth Committee will continue its consideration of the agenda item at the resumed session to be held on 1 to 5 and 11 April 2024.
Archived videos and summaries of plenary meetings
9th meeting (11 October 2023, 10:00am – 1:00pm) | Summary
10th meeting (12 October 2023, 10:00am – 1:00pm) | Summary
11th meeting (12 October 2023, 3:00pm – 6:00pm) | Summary
38th meeting (1 April 2024, 10:00am – 1:00pm) | Summary
39th meeting (1 April 2024, 3:00pm – 6:00pm) | Summary
40th meeting (2 April 2024, 10:00am – 1:00pm) | Summary
41st meeting (2 April 2024, 3:00pm – 6:00pm) | Summary
42nd meeting (3 April 2024, 10:00am – 1:00pm) | Summary
43rd meeting (3 April 2024, 3:00pm – 6:00pm) | Summary
44th meeting (4 April 2024, 10:00am – 1:00pm) | Summary
45th meeting (4 April 2024, 3:00pm – 6:00pm) | Summary
46th meeting (5 April 2024, 3:30pm – 6:00pm) | Summary
47th meeting (11 April 2024, 10:00am – 1:00pm) | Summary
Full texts of submissions (A/78/717 + Add.1)
| State | Original submission | Translation |
|---|---|---|
| Afghanistan | English | |
| Argentina | Spanish | English |
| Australia | English | |
| Austria | English | |
| Belgium | French | English |
| Brazil | English | |
| Bulgaria | English | |
| Canada | English | |
| China | Chinese | English |
| Colombia | Spanish | English |
| Czech Republic | English | |
| France | French | |
| Germany | English | |
| Iran (Islamic Republic of) | English | |
| Ireland | English | |
| Israel | English | |
| Japan | English | |
| Liechtenstein | English | |
| Malta | English | |
| Mexico | Spanish | English |
| Morocco | French | English |
| Netherlands (Kingdom of the) | English | |
| New Zealand | English | |
| Nordic countries | English | |
| Portugal | English | |
| Rpublic of Korea | English | |
| Saudi Arabia | Arabic | English |
| Singapore | English | |
| Spain | Spanish | English |
| Türkiye | English | |
| United Kingdom of Great Britain and Northern Ireland | English | |
| United States of America | English | |
| See also: European Union | English | |
Related links
- Crimes against humanity (International Law Commission): Analytical guide | Summary of the work
