Sixth Committee (Legal) — 79th session

Crimes against humanity (Agenda item 80)

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Documentation

Additional documents from previous sessions:

Summary of work

Background (source: A/79/100)

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 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). The Sixth Committee continued its consideration of the item in the resumed part of the seventy-seventh session from 10 to 14 April 2023.

At its seventy-eighth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 83 delegations (see A/C.6/78/SR.9–11). Further to resolution 77/249, the Sixth Committee continued its consideration of the item in the resumed part of the seventy-eighth session from 1 to 5 and on 11 April 2024 and 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-ninth session

The Sixth Committee considered the item at its 8th, 9th, 10th, 11th, 38th and 39th meetings, from 9 to 14 October and on 22 November 2024 (A/C.6/79/SR.8, 9, 10, 11, 38 and 39.)

Statements were made by the representatives of Uganda (on behalf of the African Group), the European Union (also on behalf of its member States (the candidate countries Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova, Bosnia and Herzegovina and Georgia and the EFTA country Liechtenstein, member of the European Economic Area, as well as Monaco and San Marino aligned themselves with the statement)), Mauritania (on behalf of the Arab Group), Denmark (on behalf of the Nordic countries (Finland, Iceland, Norway, Sweden and Denmark)), Australia (on behalf of Canada, Australia and New Zealand (CANZ)), Latvia (on behalf of three Baltic States (Estonia, Latvia and Lithuania)), Brazil, Slovenia, Rwanda and Poland, the observer of the Observer State of Palestine and the representatives of Romania, Slovakia, Germany, Cuba, South Africa, Hungary, Indonesia, Guatemala, Czechia, the Kingdom of the Netherlands, Belarus, Portugal, Sierra Leone, Iraq, El Salvador, the Philippines, the United States of America, Switzerland, Singapore, France, Jordan, Burundi, Egypt, Oman, Türkiye, of Peru (also on behalf of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Panama and Uruguay), Austria, Armenia, Ireland, Sierra Leone (also on behalf of Albania, Argentina, Armenia, Austria, Australia, Bangladesh, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, Colombia, Comoros, Congo, Costa Rica, Croatia, Cyprus, Czechia, Denmark, Djibouti, El Salvador, Estonia, the European Union, Finland, France, the Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Honduras, Hungary, Iceland, Ireland, Italy, Japan, Jordan, Latvia, Lebanon, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Malta, the Marhsall Islands, Mexico, Monaco, Montenegro, Myanmar, the Kingdom of the Netherlands, New Zealand, North Macedonia, Norway, Peru, Poland, Portugal, the Republic of Korea, the Republic of Moldova, Romania, Rwanda, Samoa, San Marino, Senegal, Serbia, Slovakia, Slovenia, South Africa, Spain, the Observer State of Palestine, Sweden, Switzerland, Ukraine, the United Kingdom of Great Britain and Northern Ireland and the United States of America), Israel, Cabo Verde (on behalf of the Community of Portuguese Language Countries), Sri Lanka, Eritrea, Mexico, Kenya, Equatorial Guinea, Saudi Arabia, Bangladesh, Malta, Peru, the Islamic Republic of Iran, the United Kingdom of Great Britain and Northern Ireland, Afghanistan, Colombia, Senegal, Morocco, Malaysia, Qatar, India, Spain, Burkina Faso, Nigeria, Côte d'Ivoire, Ukraine, Haiti, Mongolia, Togo, the Plurinational State of Bolivia, the Federated States of Micronesia, the Russian Federation, Myanmar, Uruguay, Maldives, Argentina, Bulgaria, the Syrian Arab Republic, Tunisia, Algeria, Cyprus, Chile, Namibia, Mozambique, Lebanon, Paraguay, Zambia, the Bolivarian Republic of Venezuela, Guinea, China, Ethiopia, Pakistan, Belgium, the United Arab Emirates, Costa Rica, the Gambia, Italy, Niger, Congo, Liberia, Viet Nam and the United Republic of Tanzania.

Statements were also made by the observers of the Holy See and the International Committee of the Red Cross.

The observer of the Observer State of Palestine, the representatives of Israel and of Singapore spoke in the exercise of the right of reply.

A number of delegations expressed appreciation for the progress achieved on the agenda item to date, including in the two resumed sessions of the Sixth Committee, held at the seventy-seventh and seventy-eighth sessions of the General Assembly.  Delegations recalled that crimes against humanity were among the most serious crimes under international law and shocked the conscience of humanity, highlighting the devasting impacts caused on the victims. Some delegations stated that crimes against humanity constituted a threat to international peace and security and were a concern of the international community as a whole.  Some delegations underlined the status of the prohibition of crimes against humanity as a peremptory norm of general international law (jus cogens). Several delegations called for the end of impunity for crimes against humanity. Delegations offered details of their national initiatives pertaining to crimes against humanity. A number of delegations denounced specific events currently occurring in the world as crimes against humanity. The importance of upholding the fundamental principles of the Charter of the United Nations was underlined, including but not limited to sovereign equality of States and non-intervention in the internal affairs of States.

A number of delegations expressed their readiness to convene a United Nations Conference of Plenipotentiaries to negotiate a convention on prevention and punishment of crimes against humanity on the basis of the draft articles prepared by the International Law Commission. While acknowledging that the draft articles could still be improved and refined, it was stated that the differing views of States could be reconciled in the negotiation process during such a conference. Some delegations emphasised the gap in the international legal framework that necessitated a stand-alone treaty for crimes against humanity. It was noted that other most serious international crimes had dedicated treaties, such as the 1949 Geneva Conventions and the 1948 Genocide Convention. A potential new treaty was seen as a tool to prevent impunity, as well as fulfilling truth, justice and reparation owed to victims of crimes against humanity.

Several delegations stressed that further discussions were necessary, especially on the fundamental issues contained in the draft articles. It was highlighted that there was a lack of consensus among delegations on the draft articles. Some delegations suggested returning the draft articles to the International Law Commission, along with the most recent comments and observations by States. Some delegations underlined the primacy and prerogative of national legal regimes and the framework envisaged in the Ljubljana-The Hague Convention.

A number of delegations suggested the draft articles should take a victim/survivor-centred approach, stressing remedies and assistance to victims and survivors, particularly children.  Proposals for amending the definition of crimes against humanity contained in draft article 2 were reiterated, including the addition of environmental crimes, apartheid, slavery and the slave trade, and illegal exploitation of natural resources. Delegations also made suggestions regarding extradition and mutual legal assistance. Some delegations expressed concerns regarding the exercise of universal jurisdiction and its potential relationship with the draft articles. Concerns were voiced also in regards to the draft articles and the immunity of State officials from foreign criminal jurisdiction. The view was expressed that caution should be exercised against imposing definitions from instruments that did not enjoy universal acceptance, such as the Rome Statute of the International Criminal Court.  Meanwhile, a few delegations highlighted that a key feature of the Rome Statute was the complementary principle, under which States still held the primary responsibility to prevent and punish crimes against humanity.

Archived videos and summaries of plenary meetings

Video   8th meeting (9 October 2024, 3:00pm – 6:00pm) | Summary

Video   9th meeting (10 October 2024, 10:00am – 1:00pm) | Summary

Video   10th meeting (10 October 2024, 3:00pm – 6:00pm) | Summary

Video   11th meeting (14 October 2024, 10:00am – 1:00pm) | Summary

Video   38th meeting (22 November 2024, 10:00am – 1:00pm) | Summary

Video   39th meeting (22 November 2024, 3:00pm – 6:00pm) | Summary

Action taken by the Sixth Committee

At its 38th meeting, on 22 November 2024, the representative of the Gambia made a statement. The representative of Mexico orally revised the revised draft resolution A/C.6/79/L.2/Rev.1. The representative of the Russian Federation made a statement in explanation of position before adoption and withdrew her delegation’s proposal for amendments to revised draft resolution A/C.6/79/L.2/Rev.1 contained in document A/C.6/79/L.20. The Secretary of the Sixth Committee made a statement regarding the financial implications of revised draft resolution A/C.6/79/L.2/Rev.1, as orally revised, in accordance with rule 153 of the rules of procedure of the General Assembly. The representatives of Nigeria and Canada made statements on a point of order, to which the Secretary of the Committee replied. The representative of the Russian Federation made a statement in explanation of position before adoption of the revised draft resolution A/C.6/79/L.2/Rev.1, as orally revised. The Committee adopted revised draft resolution A/C.6/79/L.2/Rev.1, as orally revised, without a vote. The representatives of the Czech Republic, Eritrea, Singapore and the Islamic Republic of Iran made statements in explanation of position after adoption. The representatives of Brazil, the Gambia, Mexico, the observer for the Observer State of Palestine, and the representatives of Sierra Leone, the United Kingdom of Great Britain and Northern Ireland, the European Union, Jordan and Australia (on behalf of Australia, Canada and New Zealand) made statements.

Under the terms of the draft resolution, the General Assembly would take note, inter alia, of all the views, comments and concerns expressed in the debates of the Sixth Committee on crimes against humanity including at its resumed sessions held during the seventy-seventh and seventy-eighth sessions of the General Assembly, as well as of the written summary of the deliberations during the two resumed sessions of the Sixth Committee, and the report of the Secretary-General prepared pursuant to Assembly resolution 77/249 on the basis of written comments and observations submitted by Governments on the draft articles and on the recommendation of the Commission.  The Assembly would decide, inter alia, to convene the United Nations Conference of Plenipotentiaries on Prevention and Punishment of Crimes against Humanity, to meet at United Nations Headquarters in New York for three consecutive weeks in early 2028, and for three consecutive weeks in 2029, unless otherwise agreed by the Preparatory Committee, to elaborate and conclude a legally binding instrument on prevention and punishment of crimes against humanity.  The Assembly would also decide to convene a preparatory committee for the Conference, to meet for two consecutive weeks, from 19 to 30 January 2026, and for four days, in 2027, at United Nations Headquarters in New York.  The Assembly would also decide to convene a working group, which would be governed by the rules of procedure of the General Assembly, to meet for the entire first session of the Preparatory Committee to facilitate consultations on the draft articles, and to enable Governments to prepare formal proposals for amendments to the draft articles for consideration by the Conference.  The Assembly would refer to the Conference a compiled text, to serve as the basis for negotiations, consisting of both the draft articles and a compilation of proposals for amendments to the draft articles submitted by Governments, and would also refer the commentaries to the draft articles, the written comments and observations of Governments, the views expressed in discussions at the seventy-fourth to seventy-eighth sessions of the General Assembly, the written summary of the resumed sessions of the Sixth Committee and the recommendation of the Commission.  Governments would be invited to submit to the Secretary-General, no later than 30 April 2026, proposals for amendments to the draft articles for inclusion in the compiled text, and the Assembly would request the Secretary-General to submit a proposed compiled text to the Preparatory Committee at its second session.  The Conference would be open to all States Members of the United Nations and members of the specialized agencies, and request the Secretary-General to invite those States to participate in the Conference.  The Conference and the Preparatory Committee would also be open to observers having received a standing invitation to participate in the sessions and the work of the General Assembly, on the understanding that they would participate in the Conference in accordance with the rights and privileges conferred upon them by the Assembly.  The Secretary-General would be requested, inter alia, to provide the Preparatory Committee and the Conference with the necessary assistance for the performance of their work, including secretariat services and the provision of essential background information and relevant documents, including summary records, as appropriate, and United Nations media coverage, and to arrange for support to be provided by the Codification Division of the Office of Legal Affairs of the Secretariat.

Subsequent action taken by the General Assembly

This agenda item will be considered at the eightieth session (2025).

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