A view of the International Criminal Court, in The Hague, Netherlands. File
| Photo Credit: AP

A key United Nations (U.N.) General Assembly committee adopted a resolution on Friday (November 22, 2024) paving way for negotiations on a first-ever treaty on preventing and punishing crimes against humanity after Russia dropped amendments that would have derailed the effort.

The resolution was approved by consensus by the assembly’s legal committee, which includes all 193-member U.N. nations, after tense last-minute negotiations between its supporters and Russia that dragged through the day.

There was a loud applause when the chairman of the committee gavelled the resolution’s approval. It is virtually certain to be adopted when the General Assembly puts it to a final vote on December 4.

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“Today’s agreement to start up negotiations on a much-needed international treaty is an historic achievement that was a long time coming,” Richard Dicker, Human Rights Watch’s senior legal adviser for advocacy, told The Associated Press.

“It sends a crucial message that impunity for the kinds of crimes inflicted on civilians in Ethiopia, Sudan, Ukraine, southern Israel, Gaza and Myanmar will not go unheeded,” he said.

The resolution calls for a time-bound process with preparatory sessions in 2026 and 2027, and three-week negotiating sessions in 2028 and 2029 to finalise a treaty on crimes against humanity.

Mr. Dicker said Russia’s proposed amendments left in question whether treaty negotiations would have been completed. Russia’s Deputy U.N. Ambassador Maria Zabolotskaya said Russia withdrew the amendments “in a spirit of compromise.” But she said Russia “dissociates itself from consensus.”

“This, of course, does not mean that we are not ready to work on this crucial convention,” Ms. Zabolotskaya told the committee.

The great significance of the ICC’s step

The International Criminal Court was established to punish major perpetrators of war crimes, crimes against humanity and genocide and it has 124 countries that are parties to it. The ICC says crimes against humanity are committed as part of a large-scale attack on civilians and it lists 15 forms including murder, rape, imprisonment, enforced disappearances, sexual slavery, torture and deportation. But the ICC does not have jurisdiction over nearly 70 other countries.

There are global treaties that cover war crimes, genocide and torture — but there has been no specific treaty addressing crimes against humanity. And according to sponsors of the resolution, led by Mexico and Gambia and backed by 96 other countries, a new treaty will fill the gap.

Kelly Adams, legal advisor at the Global Justice Center, also called the resolution “a historic breakthrough” after many delays. Pointing to “the proliferation of crimes against humanity around the world,” she expressed hope that a treaty will be “strong, progressive and survivor-centric.”

Amnesty International’s Secretary General Agnes Callamard expressed disappointment that the timeline had been extended until 2029, but said, “What’s important is that this process will deliver a viable convention.”

“It is long overdue and all the more welcome at a time when too many states are intent on wrecking international law and universal standards,” she said. “It is a clear sign that states are ready to reinforce the international justice framework and clamp down on safe havens from investigation and prosecution for perpetrators of these heinous crimes.”

After the resolution’s adoption, Gambia’s Counselor Amadou Jaiteh, who had introduced it hours earlier, called its approval “a once-in-a-lifetime opportunity to make a difference,” to hope for a world without crimes against humanity, “and a world where voices of victims are heard louder than their perpetrators.”