The United Nations General Assembly Plans to Bridge the Accountability Chasm for atrocities against Humanity
On November 22, 2024, the United Nations Sixth Committee passed a decision to advance the proposed treaty on atrocities against humanity to negotiations. The decision outlined a structured plan, involving preliminary sessions in 2026 and 2027, as well as three-week-long negotiations in 2028 and 2029, culminating in the finalization of the treaty. The treaty aims to categorize and mandate clear responsibilities for states to prevent and penalize such heinous acts. At the moment, such obligations in relation to atrocities against humanity are absent from international law, while numerous international agreements address other global crimes, such as genocide, torture, apartheid, and forced displacements.
As the decision was presented, Gambia's delegate emphasized that the forthcoming convention would serve as a accountability mechanism, bridging the impunity gap. He expressed, “We have the courage to guide the way forward, and we are grateful to all delegations that joined us on this daring journey of hope for a better world – a world free of atrocities against humanity and a world where victims' voices echo louder than their oppressors. This has been a journey of suffering and determination, but worth the fight we endured.” The Palestine State's observer noted that "this decision holds profound moral, legal, diplomatic, and political significance for future generations." The representative of Jordan indicated that this was a "pivotal moment in the Committee's work, and will significantly impact our collective attempts to combat impunity and bring the culprits of atrocities against humanity to justice." Mexico's representative emphasized that the decision set the Committee on a path towards formal negotiation proceedings, expressing optimism for a smooth, inclusive, and transparent process leading to the adoption of a UN convention to prevent and punish atrocities against humanity.
This significant development is crucial in ensuring that the treaty on atrocities against humanity becomes a tangible reality. Currently, these atrocities are outlined in the Rome Statute of the International Criminal Court as crimes such as homicide, extermination, enslavement, deportation or forced displacement of populations, torture, sexual violence, and various others, when committed as part of a widespread or systematic attack against any civilian population, with awareness of the attack. Atrocities against humanity do not need to be linked to an armed conflict and can also transpire during times of peace. Over the past decade, the International Law Commission (ILC), the UN body responsible for the advancement and standardization of international law, and the UN General Assembly have made strides towards establishing a convention on atrocities against humanity. In 2019, the ILC published its Draft Articles on the Prevention and Punishment of Atrocities against Humanity and recommended them to the UN General Assembly. Since 2023, the Sixth Committee of the UN General Assembly has been conducting deliberations, culminating in the decision to formally initiate negotiations.
The draft articles, meant to serve as the foundation for the international treaty, encompass, among other things, significant responsibilities to prevent atrocities against humanity. According to draft Article 4 on the responsibility to prevent, "each State undertakes to prevent atrocities against humanity, in line with international law, through: (a) effective legislative, administrative, judicial, or other appropriate preventive measures in any territory under its jurisdiction; and (b) cooperation with other States, relevant intergovernmental organizations, and, where necessary, other organizations." At present, such obligations in relation to atrocities against humanity do not exist in international law, while numerous international agreements address other global crimes, particularly genocide, torture, apartheid, and forced disappearances.
The forthcoming treaty on atrocities against humanity will provide legal backing to the prevention and punishment of atrocities against humanity. The prevention and punishment of such crimes are more imperative now than ever before.
During the ensuing negotiations, the United Nations General Assembly is expected to uphold the principle of accountability, ensuring that those responsible for crimes against humanity are brought to justice. This new treaty, once finalized, will undoubtedly strengthen the international community's commitment towards achieving true justice for victims of atrocities against humanity.
Following the passage of the decision in the United Nations Sixth Committee, the General Assembly's role in fostering transparency and inclusivity during the treaty negotiations becomes paramount, ensuring that the voices of victims and survivors are heard and their rights are protected throughout the process.
