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22 November 2024
Breakthrough for Crimes Against Humanity Treaty
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.
30 September 2024
New Report Offers UN Investigations Guidance for Documenting Reproductive Violence
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.
26 March 2024
300+ Organizations and Experts Urge Governments to Advance Draft Treaty on Crimes Against Humanity to Negotiations
More than 300 civil society groups and individuals today issued a joint statement urging United Nations member states to declare support for moving the Draft Articles on the Prevention and Punishment of Crimes Against Humanity into treaty negotiations. Human rights organizations based in Africa, the Middle East, Asia, the Americas, and Europe — as well as leading international law and human rights experts — are among the signatories.
Beginning Monday, April 1, the UN’s Sixth Committee will resume its session to address crimes against humanity, where member states will have the opportunity to demonstrate support for treaty negotiations.
Although crimes against humanity are among the most serious crimes in international law, there has yet to be a treaty regulating their prevention and punishment. The Draft Articles are the result of six years of work in the International Law Commission, an independent body of experts established by the UN General Assembly that is responsible for helping develop and codify international law.
Civil society organizations and international law experts believe that the current draft is a strong starting point for negotiations. They have also recommended several areas where the Draft Articles should be improved. Ahead of a Sixth Committee debate on the treaty in October 2023, the Global Justice Center issued a series of legal briefs with recommendations to ensure the treaty is gender-competent and survivor-centric.
A full list of signatories can be found here.
Elise Keppler, Executive Director at the Global Justice Center, issued the following statement:
“Activists from every corner of the globe have united to deliver the message that the world needs a treaty on crimes against humanity. Governments should step up and signal that they support moving to treaty negotiations. From Afghanistan to Myanmar, crimes against humanity are rampant, and more tools to combat these crimes are needed. A strong, gender-competent, and survivor-centric treaty is not only possible — it is necessary.”
24 August 2023
Global Justice Center Marks Sixth Anniversary of Rohingya Genocide
NEW YORK — The Global Justice today joins its Rohingya partners as well as human rights activists around the world in commemorating the sixth anniversary of the Rohingya genocide.
Akila Radhakrishnan, president of the Global Justice Center, issued the following statement:
“The sobering reality on today’s anniversary is that the Rohingya are in a condition no less dire than the one they fled six years ago. Nearly a million are barely surviving in refugee camps with no ability to safely return home. A similar number remain in Myanmar, enduring massive rights restrictions and insecurity under the same authority responsible for their genocide.
“This is an accelerating human rights catastrophe, and the international community must reckon with its responsibility for it. Impunity is the foundation upon which genocidal military leaders staged their coup in 2021, and it continues to serve as fuel for its brutal campaigns of persecution. Through its failure to take meaningful action, bodies like the UN Security Council have condoned and sustained this impunity.
“Our international institutions helped to foment this crisis — they can help end it too. Existing sanctions and international court cases are critical steps, but it’s nowhere near enough. The world must listen to Rohingya, who have been clear about what they need from the beginning: accountability for perpetrators, an end to discriminatory policies against them and a pathway to a safe, dignified return to Myanmar. They deserve no less.”
03 January 2023
New Filing in Argentinian Genocide Case Against Myanmar Military Presents Recommendations for Treatment of Sexual Violence Victims
BUENOS AIRES/NEW YORK — The Global Justice Center and the Burmese Rohingya Organisation UK (BROUK) today submitted recommendations to the Argentinian judiciary in a case brought against Myanmar military leaders for the genocide of the Rohingya.
The case was filed by BROUK and launched by the Second Chamber of the Federal Criminal Court in 2021 under the principle of universal jurisdiction, which allows any court to prosecute certain human rights abuses, regardless of where they were committed.
Today’s submission seeks to prepare the court for testimony from victims of sexual violence. It presents internationally-recognized principles for interviewing and engaging with victims. The submission also sets out standards for how the court should asses evidence of sexual violence.
Tun Khin, BROUK President, issued the following statement:
“More than five years after the genocide of the Rohingya, this case represents a crucial path to justice for crimes committed in Myanmar, particularly for victims of sexual violence. The Argentinian courts have an opportunity to be on the right side of history and provide justice that, until now, has seemed illusive.”
Angela Mudukuti, Senior Legal Advisor with the Global Justice Center, issued the following statement:
“Supporting victims of sexual violence, and our partners BROUK in their quest for justice, is of the utmost importance to the Global Justice Center. We submitted these recommendations because, historically, courts all over the world have failed to engage with victims and survivors of sexual violence in a way that avoids retraumatization and gives their testimony the weight it deserves. We remain hopeful that our submission will support the Argentinian judiciary in treating survivors and victims with dignity.”
15 December 2022
International Criminal Court Upholds Conviction of Lord’s Resistance Army Commander
Ruling in Case Against Dominic Ongwen Sets Historic Precedent on Reproductive Autonomy
NEW YORK/THE HAGUE — The International Criminal Court today upheld the conviction of Dominic Ongwen, a former commander of the Lord’s Resistance Army, a rebel force that operated in Uganda for decades.
In 2021, Ongwen was found guilty of 61 counts of war crimes and crimes against humanity committed in Northern Uganda between 2002 and 2005. This included many sexual and gender-based crimes such as forced marriage and forced pregnancy, neither of which had previously tried at the ICC.
The Global Justice Center, Amnesty International, Women’s Initiatives for Gender Justice, and Dr. Rosemary Grey filed an amicus brief on the crime of forced pregnancy in the case in December of 2021. They presented this analysis to the court during appeal hearings in February of this year. In its ruling today, the court affirmed this analysis and found that the legal interest behind the crime of forced pregnancy is “woman’s reproductive health and autonomy and the right to family planning,” and that national abortion laws are irrelevant to the court’s analysis of the crime.
Akila Radhakrishnan, President of the Global Justice Center, issued the following statement:
“Today’s ruling is a victory not only for the victims of Dominic Ongwen, but for all victims of sexual and gender-based violence that come to the ICC for justice. This is especially true for victims of forced pregnancy, whose human rights are now further protected by the creation of a historic precedent on reproductive autonomy in international law.”
Alix Vuillemin, Advocacy Director at Women’s Initiatives for Gender Justice, issued the following statement:
“Today, the crime of ‘forced pregnancy’ was recognized by the ICC as the incomparable violence done to women who are raped, forcibly made pregnant, and confined with the intent to keep them pregnant. As we said in the 1990s in pushing for the criminalisation of these acts, with forced pregnancy, the invasion of the body and self is total. Women are being treated as chattel for the purpose of reproduction, which is another form of gender enslavement. Decades later, with this judgment, the ICC has given us sharper tools to advance the recognition, accountability and prevention of this violence.”
Matt Cannock, Amnesty International's Center for International Justice, issued the following statement:
“The Appeals Chamber's decision will doubtless prove critical for the future of the International Criminal Court's consideration of the crime of forced pregnancy, and it firmly holds the door open to victims of this horrendous crime to access justice before the court and beyond.
“In particular we welcome the court's crucial finding, centered around human rights considerations, that the crime of forced pregnancy seeks to protect women’s ‘reproductive health and autonomy and the right to family planning’ - an absence of which can cause severe physical and psychological harms and lasting personal, social and economic consequences.”
Dr. Rosemary Grey, Lecturer at Sydney Law School, issued the following statement:
“Today, the value of reproductive autonomy was recognised by the International Criminal Court’s highest chamber. The decision affirms that forced pregnancy is among the most serious crimes of international concern, regardless of whether reproductive rights are protected under national law. It’s inspiring — and long overdue — to see the court taking this strong stance on reproductive rights under international law. And inspiring to see the strength of the two women whose evidence supported this historic conviction for forced pregnancy.”
02 September 2020
Canada and the Netherlands to Intervene in Myanmar Genocide Case at World Court
NEW YORK — The governments of Canada and the Netherlands today announced their intention to intervene in the genocide case against Myanmar at the International Court of Justice.
In a joint statement, the foreign ministries of both governments said the move furthers their solemn pledge to prevent genocide and hold those responsible to account. They also made clear their intention to “pay special attention to crimes related to sexual and gender-based violence, including rape.”
Akila Radhakrishnan, President of the Global Justice Center, had the following response:
“Today’s announcement from Canada and the Netherlands is nothing short of historic. The Gambia took the brave and necessary step to file the case late last year, but the cause of the Rohingya must be a cause of the whole world. Canada and the Netherlands took a major step today towards fulfilling their legal and moral duty to act against genocide.
“Just as important as their intention to intervene is their promise to focus on gendered crimes of genocide like sexual and gender-based violence, which was central to the atrocities against the Rohingya. Too often, gendered experiences do not translate to justice and accountability efforts and leave the primary targets of those crimes — women and girls — behind. This is an important step forward to address that gap and Canada and the Netherlands should be applauded for this move.”
02 July 2020
UN Secretary-General Releases Report on Conflict-Related Sexual Violence
NEW YORK — United Nations Secretary-General António Guterres released a report this week on sexual violence in conflict. It is the 11th report on the issue since the creation of the secretary-general’s Special Representative on Sexual Violence in Conflict in 2010.
Grant Shubin, legal director of the Global Justice Center, issued the following statement:
“The secretary-general’s report should be commended for clear progress it makes in several areas, including recognizing the intersecting identities of survivors, the need to move from political commitments to actual compliance, and the focus on a rights-based survivor centered approach. Still, we need to see stronger commitments to ensure sexual and reproductive health for survivors.
“We’re a year out from a Security Council resolution that called for a survivor-centered approach to conflict-related sexual violence and nevertheless are witnessing unprecedented attacks on women's bodily autonomy. The secretary-general could have made it unequivocally clear, like he has in multiple reports in the past, that we must fund and support comprehensive and non-discriminatory sexual and reproductive care, including abortion services and emergency contraception.”
Notably, the secretary-general’s report again included Myanmar’s military, the Tatmadaw, in its annex of parties responsible for conflict-related sexual violence.
“We should note the report’s inclusion of the Tatmadaw is directly contrary to what Myanmar’s internal investigation, the ICOE, found. This is another reminder that the ICOE was not a credible investigative body and did not produce a credible report. Domestic avenues for real accountability in Myanmar are non-existent.”
09 April 2020
UN Secretary-General Releases Report on Impact of COVID-19 on Women
NEW YORK – United Nations Secretary-General António Guterres released a report today on the impact of COVID-19 on women and girls.
Akila Radhakrishnan, president of the Global Justice Center, issued the following statement:
“UN Secretary-General Antonio Guterres has taken important leadership to highlight the gendered impact of COVID-19, first with his call to prevent violence against women, and today with his policy brief on the impact of Covid-19 on women and girls. All crises have a gendered impact, and the secretary-general’s leadership in helping to shed light on this issue is important. We now look to states to take meaningful efforts to address these gendered impacts and make them the center of all responses. This should include, first and foremost, the equal representation of women in the decision making and planning of responses.
"We have seen around the world the failure of states to adequately take human and women’s rights into account. For example, policymakers in the United States are using COIVD-19 measures as a pretext to curb access to sexual and reproductive rights, in particular abortion. The secretary-general’s brief importantly recognizes that the provision of such services is central to women’s health and rights. A human and women’s rights informed approach should be leading to states working to make key services like abortion, more accessible, not less.
"As COVID-19 continues to lay bare the inequalities in our society, states must ensure that their responses take gendered impacts into account."