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Breakthrough for Crimes Against Humanity Treaty 

Crimes Against Humanity
Sexual Violence
United Nations
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.
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Global Justice Center Responds to the US Presidential Election

Abortion
Reproductive Rights
United States
US Abortion Laws
Donald Trump was elected president of the United States for a second term on Tuesday. Human rights experts have issued grave warnings about the potential for extreme rights abuses under his new administration. The Global Justice Center (GJC) mounted several challenges to President Trump during his first term. It sued the Trump administration in 2020 over its unlawful creation of a commission tasked with redefining human rights to reflect a narrow, singular religious tradition that excluded marginalized communities. GJC also opposed the Trump administration’s expansion of restrictions on US funding of reproductive healthcare abroad, as well as his administration’s sanctions on the International Criminal Court. Elise Keppler, executive director of the Global Justice Center, issued the following statement: “The Global Justice Center joins its friends, partners, and supporters today in recognizing the severe threat a second Trump administration poses to human rights everywhere. Our movement’s vision for a gender-equal world free from violence is in direct opposition to President-elect Trump’s plans for renewed attacks on abortion care, women’s rights, LGBTQ equality, and essential international institutions. There is no doubt that today’s election makes it much harder to build the world we want. “Despite these immense challenges, we must also acknowledge yesterday’s historic victories. At a time when the country is gripped by a human rights crisis around abortion access and non-discriminatory access to healthcare broadly, several US states passed ballot initiatives that either advanced abortion rights or solidified existing protections for abortion care. In New York, for example, Proposition 1 enshrined both gender equality and abortion rights. This progress should be applauded and nurtured. “We are in for the fight of our lives. Still, we know that the human rights and feminist movements were born from struggle. Today, we double down on our commitment to global gender equality, no matter what forces stand in our way.”
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650+ Civil Society Organizations and Experts Urge Governments to Advance Draft Crimes Against Humanity Treaty to Negotiations

Crimes Against Humanity
Human Rights Treaties
United Nations
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.
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Events

Gender Justice and the Crimes Against Humanity Treaty

https://youtu.be/mt-AiY_JWMo?si=9R1TMXeugJGd5gC9

On November 22, states decided to move to negotiations for a Crimes Against Humanity Treaty. This panel, co-sponsored by the UK Government, Women’s Initiatives for Gender Justice, Global Justice Center, Washington University School of Law, Physicians for Human Rights, Emergent Justice Collective, TRIAL, FIDH, Asia Justice Collective, and The Promise Institute at UCLA, brought together experts to discuss advancing gender justice within the treaty, including:

Incorporating gender apartheid, reproductive violence, forced marriage, and slave trade. Integrating provisions to ensure the treaty is survivor centric. The process to date and considerations for the way forward.

Speakers:

Process & Forced Marriage: Leila Sadat, Washington University School of Law.  Gender Apartheid: Akila Radhakrishnan, Atlantic Council, Strategic Litigation Project. Slave Trade: Alexandra Lily Kather, Emergent Justice Collective. Reproductive Violence and Gender Audit: Ashita Alag, Global Justice Center. A Victims-Centered Approach: Uliana Poltavets, Physicians for Human Rights. Reflections on the Way Ahead: Hannah Garry, The Promise Institute for Human Rights at UCLA

Moderated by Alix Vuillemin, Executive Director, Women’s Initiatives for Gender Justice.Opening remarks by Ms Hazel Cameron, Head of Human Rights Department – UK Foreign, Commonwealth and Development Office (FCDO).

06 December 2024
graphic promoting civil society workshop during Assembly of States Parties to the International Criminal Court

Moving Forward to Negotiations on a Global Convention on the Prevention and Punishment of Crimes Against Humanity: A Workshop for Civil Society

This workshop provided members of civil society attending the Assembly of States Parties with an overview of the Draft Articles and the ongoing process and a forum to strategize on ways forward for civil society engagement and coordination. The workshop aimed to broaden the community of civil society actors who are equipped to engage with treaty negotiations, with the ultimate aim of creating a broad constituency pushing for the adoption of a robust treaty to prevent and punish crimes against humanity.

This event was co-sponsored by the Atlantic Council Strategic Litigation Project; Crimes against Humanity Initiative, Harris Institute, Washington University Law School; Grotius Centre for International Legal Studies, Leiden University; Emergent Justice Collective; Asia Justice Coalition; Human Rights Watch; Global Justice Center; Women’s Initiatives for Gender Justice; International Commission of Jurists; International Union for Conservation of Nature, World Commission on Environmental Law; Promise Institute for Human Rights; Citizens for Global Solutions; and Amnesty International.

05 December 2024
graphic promoting event on Afghanistan at the Assembly of States Parties to the International Criminal Court

Gender Justice: Avenues for Ensuring Accountability for Gender-Based Crimes in Afghanistan

Since August 2021, the de facto Taliban rulers of Afghanistan have introduced and
implemented over 100 edicts depriving women and girls of their fundamental human rights. Adherence to these laws is violently enforced against women, girls, and anyone who they perceive to transgress gender norms, including LGBTQI+ individuals, and constitutes crimes against humanity, including gender persecution and gender apartheid.

This panel will examine the current humanitarian and human rights crisis in Afghanistan resulting in systematic erasure of these groups from public life. It will consider strategies that the international community must take as a matter of urgency for ensuring accountability for these crimes.

04 December 2024

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