Amnesty International urges UNGA to negotiate convention on crimes against humanity News
Mojnsen, CC BY-SA 4.0, via Wikimedia Commons
Amnesty International urges UNGA to negotiate convention on crimes against humanity

Amnesty International on Wednesday called on the United Nations General Assembly (UNGA) to commence negotiations on a global treaty to prevent and punish crimes against humanity. The group said UNGA must attempt to solidify and strengthen the existing international framework in order to deliver justice more efficiently.

Although specific crimes like genocide are covered under international law, there is no general convention regarding crimes against humanity, even though their illegality under the Rome Statute of the International Criminal Court. Unlike global treaties like the Genocide Convention that obligate state parties to prevent and punish specific crimes within its territory, the Rome Statute only empowers the International Criminal Court to investigate and prosecute with respect to the crimes listed in the statute, including genocide, crimes against humanity, war crimes and the crime of aggression.

Amnesty International’s Secretary General, Agnes Callamard, stressed the urgent need for the convention, stating,

The Crimes Against Humanity Convention could be a milestone treaty in more ways than one. It would impose obligations on states not only to criminalize and punish crimes against humanity, but also to prevent them, and to cooperate with other states, including through mutual legal assistance.

The organization highlighted gaps in international law concerning gender-related crimes, such as gender apartheid, forced marriage and forced abortion, which are not well-addressed by current treaties. A new convention can ensure accountability by providing universal jurisdictions to state parties to prosecute or extradite suspects in their territories. Universal jurisdiction allows states to prosecute offenders even if the crimes were committed in another country. While this can ensure accountability, it remains controversial as it challenges the principle of national sovereignty.

Amnesty International has previously recommended to the International Law Commission on potential inclusions to such a framework. These recommendations include expanding the definition of crimes against humanity, and removing the definition of gender and other statutory limitations to enhance victim protection and strengthen accountability.

The sixth committee of UNGA, designated to deal with legal matters, began its 79th session on October 2, which is planned to continue till November 22. Crimes against humanity have been on the committee’s agenda since its 75th session, and several related resolutions were passed in the 77th and 78th sessions.

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Bakke affirmative action case argued

On October 12, 1977, the US Supreme Court heard arguments in the "reverse discrimination" case of Allan Bakke, a white student denied admission to University of California Davis Medical School. The court ruled the following year that that the Davis affirmative action plan was unconstitutional; Bakke was admitted to UC Davis Medical School and eventually graduated from there with his MD. Listen to the oral arguments and the reading of opinions by Chief Justice Burger, Justice Powell and others on Oyez.

Bakke affirmative action case argued

On October 12, 1977, the US Supreme Court heard arguments in the "reverse discrimination" case of Allan Bakke, a white student denied admission to University of California Davis Medical School.

The Court ruled the following year that that the Davis affirmative action plan was unconstitutional; Bakke was admitted to UC Davis Medical School and eventually graduated from there with his MD. Listen to the oral arguments and the reading of opinions by Chief Justice Burger, Justice Powell and others on Oyez, the Supreme Court multimedia site at Northwestern University.