Resolution Sets Time-Bound Process for Adopting World’s First Stand-alone Treaty on Crimes Against Humanity The United Nations Sixth Committee today adopted by consensus a resolution to advance a draft treaty on crimes against humanity to negotiations. Once adopted by the General Assembly next month, states will negotiate the first stand-alone treaty that explicitly addresses state responsibility to prevent and punish crimes against humanity. Today’s resolution calls for a concrete and time-bound process consisting of preparatory sessions in 2026 and 2027, and three-week negotiations in 2028 and 2029, where a treaty will be finalized. “Today’s resolution is a historic breakthrough toward a crimes against humanity treaty,” said Kelly Adams, legal advisor at the Global Justice Center. “Despite the proliferation of crimes against humanity around the world, negotiations on this treaty have been delayed time and again. But today’s decision paves the way for a treaty, which will offer crucial tools to prevent and punish these most extreme rights violations.” The current draft treaty was developed over six years by the International Law Commission, a UN expert body charged with developing and codifying international law. For more information on the draft treaty, visit cahtreatynow.org. Although crimes against humanity are defined under various treaties, including the Rome Statute that established the International Criminal Court, there is currently no treaty which expressly addresses states’ responsibilities to prevent or punish these crimes. This gap distinguishes crimes against humanity from war crimes and genocide, each of which has its own dedicated treaty (the Geneva Conventions and the Genocide Convention, respectively). Negotiations for a new treaty present a unique opportunity to better advance justice for gender-based crimes, among other issues. In October 2023, a collection of human rights organizations and international law experts published a letter and several briefs that proposed changes to the draft treaty that focused on incorporating crimes like forced marriage, reproductive violence, and gender apartheid. A growing number of UN member states have expressed support for the inclusion of these crimes in a future treaty. “At present, treaty provisions have yet to catch up to the lived experiences of victims of sexual and gender-based crimes and judicial findings that acknowledge this fuller scope of harms,” said Adams. “A strong, progressive, and survivor-centric treaty will ensure international and domestic systems are better equipped to prevent, punish, and ensure redress for systematic or widespread attacks on civilians involving sexual and gender-based violence.” The General Assembly is expected to make a decision on the draft resolution in early December 2024.

Statement Circulated Ahead of UN Session on the Draft Treaty Human rights organizations based in Africa, the Middle East, Asia, the Americas, and Europe — as well as leading international law and human rights experts — today urged UN member states to advance the draft text for a crimes against humanity treaty to negotiations. This joint statement is being circulated among government representatives as they meet today to begin a UN session that could advance the draft treaty. Today’s statement recognizes that, despite the global spread of atrocities like murder, enslavement, and deportation, there has yet to be a treaty regulating the prevention and punishment of crimes against humanity. Such a treaty would “close a crucial gap” in the current international framework on mass atrocities. Signers of the statement also support an inclusive treaty-making process and will advocate for a final treaty that is gender-competent, survivor-centric, and deploys an intersectional lens. “Experts and activists around the world are sending a clear message to their governments ahead of this historic UN session: advance to negotiations for a crimes against humanity treaty,” said Kelly Adams, legal advisor at the Global Justice Center. “Victims of crimes against humanity need this accountability tool, and governments have an opportunity to stand with them by advancing to negotiations.” Today’s joint statement was initially released in March of this year. Since then, hundreds of additional organizations and human rights experts have signed on and urged their governments to take a position on the draft treaty. A petition circulated by Avaaz that urges support for treaty negotiations also has received more than 500,000 signatures from people around the world. Additional statements of support, as well as key information on the draft treaty, can be found at cahtreatynow.org. UN Sixth Committee proceedings on the draft treaty can be viewed on UN Web TV.

Barriers, Opportunities to Investigating Reproductive Harms Revealed SEPTEMBER 30, 2024  — A new report published today by UN Women and the Global Justice Center (GJC) uncovers barriers and opportunities to the documentation of reproductive violence faced by UN-mandated mechanisms charged with investigating human rights violations and international crimes. The report, based on interviews conducted with current and former gender advisors to UN investigative mechanisms, also offers detailed legal guidance to support future investigations. Reproductive violence is a distinct form of sexual and gender-based violence targeting reproductive autonomy, a right protected under international law. Examples of reproductive violence include forced pregnancy, enforced sterilization, forced abortion, and restricting access to reproductive care.  This form of violence often has been overlooked in UN investigations, despite its profound impacts. GJC’s research reveals that stigmatization of reproductive issues, as well as structural and analytical barriers in investigations, have hindered documentation. The report also details that this oversight can foster a lack of accountability for perpetrators, gaps in services and reparations for victims, and an incomplete historical record. “From Ethiopia to Myanmar, sexual and gender-based violence continues around the world. If we want to halt these atrocities and bring justice for victims, international investigations must be equipped to document them fully,” said Tess Graham, report co-author and legal advisor at the Global Justice Center. “This is especially true for under-reported forms of gender-based violence like reproductive violence. By harnessing positive examples of documentation, and learning from shortcomings, we can ensure UN investigations have the tools they need to advance accountability and appropriate support for victims.” The report provides an analysis of international law on reproductive violence and details several “facilitating factors” that can foster its effective documentation. The report also provides examples of successful documentation of reproductive violence and concludes that it is “far from impossible” despite the challenges.