Sixth Committee (Legal) — 78th session
Crimes against humanity (Agenda item 80)
- Authority:
Documentation
- ?+ + — Report of the Secretary-General
- ?— Note by the Secretariat: Workshop on a convention on the prevention and punishment of crimes against humanity
Documents relevant to the resumed session
- – Final version of the Written Summary, with its annex
- Oral report of the co-facilitators (2024 resumed session)
- Programme of work for the resumed session
- , to be considered at the resumed seventy-seventh and seventy-eighth sessions
Additional documents from previous sessions:
- of the co-facilitators on crimes against humanity (first resumed session)
- — Topical summary of the discussion held in the Sixth Committee of the General Assembly during its seventy-second session, prepared by the Secretariat
- + + — Comments and observations received from Governments, international organizations and others, 2019
- — Topical summary of the discussion held in the Sixth Committee of the General Assembly during its seventy-fourth session, prepared by the Secretariat
- received from Governments in 2015, 2016 and 2017
- received from Governments, international organizations and others, 2019
Summary of work
Background (source: )
At its seventy-fourth session, the General Assembly, under the item entitled “Report of the International Law Commission on the work of its seventy-first session”, took note of the draft articles on prevention and punishment of crimes against humanity contained in chapter IV of the report of the Commission (), and decided to include in the provisional agenda of its seventy-fifth session an item entitled “Crimes against humanity” and to continue to examine the recommendation of the Commission contained in paragraph 42 of its report on the work of its seventy-first session (resolution ).
The Assembly has had the item on its agenda annually since its seventy-fifth session (resolutions , and ).
At its seventy-seventh session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 72 delegations (see –). The Assembly took note once again of the draft articles presented by the International Law Commission and decided that the Sixth Committee would resume its session for five days, from 10 to 14 April 2023, and for six days, from 1 to 5 April and on 11 April 2024, in order to exchange substantive views, including in an interactive format, on all aspects of the draft articles, and to consider further the recommendation of the Commission contained in paragraph 42 of its report (). The Assembly also decided that a written summary of the deliberations during the two resumed sessions would be prepared by the Sixth Committee at the end of the second resumed seventy-eighth session and invited States to submit, by the end of 2023, written comments and observations on the draft articles and the recommendation of the Commission, which it requested that the Secretary-General circulate in a compilation well in advance of the resumed seventy-eighth session. Finally, the Assembly decided that the Sixth Committee would further examine the draft articles and the recommendation of the Commission at the seventy-ninth session of the Assembly and take a decision on the matter, without prejudice to the question of their future adoption or other appropriate action (resolution ).
Consideration at the seventy-eighth session
The Sixth Committee considered the item at its 9th, 10th and 11th meetings, on 11 and 12 October 2023. The views of the representatives who spoke during the Committee’s consideration of the item are reflected in the relevant summary records (See , and ).
Statements were made by the representatives of the Gambia (on behalf of Afghanistan, Albania, Andorra, Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, Colombia, Comoros, Costa Rica, Croatia, Cyprus, the Czech Republic, Denmark, Djibouti, the Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, the Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Honduras, Iceland, Ireland, Italy, Japan, Jordan, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malta, the Marshall Islands, Mauritius, Mexico, the Federated States of Micronesia, Monaco, Montenegro, the Kingdom of the Netherlands, New Zealand, North Macedonia, Norway, Palau, Paraguay, Peru, Poland, Portugal, the Republic of Korea, the Republic of Moldova, Romania, Samoa, San Marino, Senegal, Serbia, Sierra Leone, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tunisia, Uganda, Ukraine, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Uruguay, Vanuatu, the European Union and the State of Palestine), Uganda (on behalf of the African Group), the European Union (on behalf of its member States (the candidate countries Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova and Bosnia and Herzegovina, the potential candidate country Georgia, as well as Andorra, Monaco and San Marino, aligned themselves with the statement)), Sweden (on behalf of the Nordic Countries: Denmark, Finland, Iceland, Norway and Sweden), New Zealand (on behalf of Canada, Australia and New Zealand (CANZ)), Latvia (on behalf of Estonia, Latvia and Lithuania), Singapore, Liechtenstein, Brazil, the United States of America, Guatemala, Austria, Germany, Belgium, Hungary, Belarus, Israel, the Kingdom of the Netherlands, Switzerland, Portugal, the Islamic Republic of Iran, Bangladesh, Senegal, Mexico, the United Kingdom of Great Britain and Northern Ireland, Argentina, Slovakia, Sri Lanka, Jordan, Slovenia, Ireland, Costa Rica, Peru, Colombia, Egypt, China, Poland, Qatar, Viet Nam, Cameroon, Burkina Faso, Cuba, South Africa, El Salvador, the Plurinational State of Bolivia, Eritrea, India, Malta, Tunisia, Pakistan, Malaysia, Thailand, Armenia, Romania, the Dominican Republic, the Philippines, Iraq, Albania, Uruguay, Kuwait, 罢ü谤办颈测别, Ethiopia, Italy, the Russian Federation, France, Nigeria, Chile, Saudi Arabia, Myanmar, Mozambique, Mali, Kenya, Indonesia, Sierra Leone, the Syrian Arab Republic, Lebanon, Algeria, Haiti, Djibouti, Yemen and Libya. Statements were also made by the observers for the State of Palestine and the Holy See.
Delegations recalled that crimes against humanity shocked the conscience of humanity and were among the most serious crimes under international law. They generally agreed that such crimes threatened international peace and security, endangered the enjoyment of human rights and were of concern to the international community as a whole. Delegations recalled the primary responsibility of States to prevent and punish such crimes when they occur on their respective territories or are committed by their nationals. A number of delegations affirmed that there was also a collective duty to prevent and punish crimes against humanity and to ensure that their perpetrators are held accountable. Several delegations expressed the view that the obligation to prevent and punish crimes against humanity was a peremptory norm of general international law (jus cogens). A number of delegations highlighted the importance of protecting the rights of victims of crimes against humanity and ensuring access to justice. Many delegations shared details of their national efforts to prevent and punish crimes against humanity, and several deplored examples of specific instances they considered to amount to such crimes.
Delegations expressed appreciation for the work of the International Law Commission on the topic and the draft articles on prevention and punishment of crimes against humanity. A number of delegations welcomed the holding of a resumed 77th session dedicated to the discussion of the draft articles in April 2023. Several of them expressed appreciation for the substantive and detailed legal debate the resumed session enabled. Some delegations highlighted the convergence of legal views on a number of points, while persisting differences of view were also noted. The resumed session procedure was welcomed as a model that could be applied to the consideration of other products of the International Law Commission by the Sixth Committee. It was emphasized that structured dialogue and engagement were the avenues for progress by the Committee on the topics before it. Several delegations highlighted the importance of reaching a consensus on the way forward. Some delegations considered that differences of view should not be allowed to delay further progress. The importance of building trust among delegations was emphasized.
Several delegations expressed their intention to submit written comments on the draft articles in line with resolution and to participate actively in the resumed 78th session, to be held in April 2024. Other delegations were urged to do the same. The Co-facilitators and the Secretariat were encouraged to ensure that the oral reports of the co-facilitators and the written summary of the resumed sessions accurately reflected the views of all participating delegations.
Several delegations expressed support for the elaboration of an international convention on the topic on the basis of the draft articles. A number of delegations considered that such a convention would fill a gap in the international legal framework. Some delegations observed that a convention would consolidate international law in the area and contribute to legal certainty. Others noted that a convention could provide a legal framework to encourage national-level prosecutions of alleged perpetrators and international legal cooperation to that end. While a number of delegations expressed the view that the draft articles could be improved in certain respects, several delegations highlighted the value a convention would have as a reaffirmation of the commitment of the international community to prevent and punish crimes against humanity. A number of delegations highlighted the need to address the legitimate concerns of all States to ensure the effective and universal implementation of a potential convention.
Some delegations questioned the need for a new convention and its urgency. Others expressed doubts concerning the prospects for the successful elaboration of a convention in light of the differing views of States on certain questions of substance. The need for work on such a major, systematic project to proceed on the basis of a broad consensus was underscored. The possibility for States to accede to the 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity was noted. Nevertheless, some delegations emphasised the useful practical recommendations embodied in the draft articles. Some delegations highlighted the importance of maintaining consistency with existing legal instruments. Other delegations cautioned against imposing definitions from instruments that did not enjoy universal acceptance.
Several delegations expressed views on a number of substantive aspects of the draft articles. A number of delegations called for a reference to the prohibition of the use of force and the principles of territorial integrity, sovereign equality and non-intervention in the internal affairs of States. Among recurring themes were the question of potential conflicts of jurisdiction and the question of the definition of crimes against humanity, including additional crimes. ?The following were specifically mentioned, inter alia, as potential such crimes: colonization, enslavement, the slave trade, pillaging of natural resources, sexual and gender-based violence and gender apartheid. Several delegations called for safeguards to prevent political abuse of universal jurisdiction.
A number of delegations welcomed the adoption of the Ljubljana-The Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes and Other International Crimes. It was emphasized that such convention would complement a new convention for the prevention and punishment of crimes against humanity. The importance of ensuring consistency between the two initiatives was also highlighted.
The resumed session
The Sixth Committee held its resumed session during its , , , , , , . , and meetings, on 1 to 5 and 11 April 2024, pursuant to General Assembly , in order to exchange substantive views, including in an interactive format, on all aspects of the draft articles, and to consider further the recommendation of the Commission contained in paragraph 42 of its report . An informal meeting also took place on 4 April.
The Sixth Committee proceeded on the basis of the programme of work for the resumed session to take place at both the seventy-seventh and seventh-eighth session of the General Assembly, as well as the working arrangements, approved at its 37th meeting at the seventy-seventh session, on 10 April 2023. The Committee continued to organize its debate on the draft articles on the basis of five thematic clusters: Cluster 1, Introductory provisions (preamble and Draft Article 1); Cluster 2, definition and general obligations (Draft Articles 2, 3 and 4); Cluster 3, national measures (Draft Articles 6 to 10); Cluster 4, international measures (Draft Articles 13 to 15 and the annex) and Cluster 5, safeguards (Draft Articles 5, 11 and 12).
Statements in connection with the draft articles were made by the following representatives (arranged by thematic cluster):
Cluster 1, Introductory provisions (preamble and Draft Article 1): the European Union (also on behalf of its member States (the candidate countries North Macedonia, Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova, Bosnia and Herzegovina and Georgia, and the EFTA country, Liechtenstein, member of the European Economic Area, as well as Monaco and San Marino aligned themselves with the statement)), Saudi Arabia (on behalf of the Arab Group), Sweden (on behalf of the Nordic Countries: Denmark, Finland, Iceland, Norway and Sweden), Latvia (on behalf of the Baltic States: Estonia, Lithuania and Latvia), Uganda (on behalf of the African Group), Ireland, the Republic of Korea, Jordan, Indonesia, the Kingdom of the Netherlands, Hungary, Austria, Ecuador, Brazil, the United States of America, Eritrea, Argentina, Mexico, Belgium, Germany, India, Iraq, Portugal, Chile, Sierra Leone, Romania, Nigeria, Canada, Italy, the Islamic Republic of Iran, Saudi Arabia, the Philippines, China, France, Switzerland, Israel, Australia, Slovakia, Colombia, New Zealand, Japan, the United Kingdom of Great Britain and Northern Ireland, the Syrian Arab Republic, Algeria, El Salvador, South Africa, Lebanon, Cuba, Qatar, the Russian Federation, Cameroon, 罢ü谤办颈测别, Tunisia, Ethiopia, Mali, Cyprus, Egypt, Singapore, Sri Lanka, Morocco, Pakistan, Rwanda, Sudan and Armenia. Statements were also made by the observers for the State of Palestine and the Holy See.
Cluster 2, definition and general obligations (Draft Articles 2, 3 and 4): the European Union (also on behalf of its member States (the candidate countries North Macedonia, Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova, Bosnia and Herzegovina and Georgia, as well as Monaco and San Marino, aligned themselves with the statement)), Finland (on behalf of the Nordic Countries: Denmark, Finland, Iceland, Norway and Sweden), Latvia (on behalf of the Baltic States: Estonia, Latvia and Lithuania), Ireland, Republic of Korea, Indonesia, Jordan, the Kingdom of the Netherlands, Hungary, Malta, Austria, Brazil, the United States of America, Argentina, Mexico, India, Portugal, El Salvador, Slovakia, Nigeria, Canada, Italy, the Islamic Republic of Iran, Liechtenstein, the Philippines, China, France, Switzerland, Colombia, New Zealand, Romania, Japan, the United Kingdom of Great Britain and Northern Ireland, the Syrian Arab Republic, South Africa, Cuba, Qatar, the Russian Federation, Lebanon, Pakistan, Cameroon, Cyprus, Egypt, Singapore, 罢ü谤办颈测别, Eritrea, Algeria, Ethiopia, Sierra Leone, the United Arab Emirates, Morocco [in English], Australia, Chile and Armenia. Statements were also made by the observers for the State of Palestine and the Holy See. The representatives of Brazil, Colombia, the Syrian Arab Republic, Cameroon, France, Mexico and Portugal spoke in the interactive format.
Cluster 3, national measures (Draft Articles 6 to 10): the European Union (also on behalf of its member States (the candidate countries North Macedonia, Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova, Bosnia and Herzegovina, Georgia and the EFTA country Liechtenstein, member of the European Economic Area, as well as San Marino, aligned themselves with this statement)), Denmark (on behalf of the Nordic Countries: Denmark, Finland, Iceland, Norway and Sweden), Latvia (on behalf of the Baltic States: Estonia, Latvia and Lithuania), Italy, the Republic of Korea, Jordan, the Kingdom of the Netherlands, Austria, Brazil, the United States of America, Argentina, Mexico, Indonesia, India, Portugal, Slovakia, Canada, Ireland, Iran (Islamic Republic of), Saudi Arabia, Philippines, China, France, Colombia, Israel, Romania, Switzerland, New Zealand, Japan, United Kingdom of Great Britain and Northern Ireland, El Salvador, Russian Federation, Pakistan, Egypt, Cameroon, Singapore, Thailand, 罢ü谤办颈测别, Sri Lanka, Syrian Arab Republic, Mali, Ethiopia, Sierra Leone, Australia, South Africa and Algeria. Statements were also made by the observers for the State of Palestine and the Holy See. The representatives of Cameroon and Australia spoke in the interactive format.
Cluster 4, international measures (Draft Articles 13 to 15 and the annex): the European Union also on behalf of its member States (the candidate countries North Macedonia, Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova, Bosnia and Herzegovina, Georgia and the EFTA country Liechtenstein, member of the European Economic Area, as well as San Marino, aligned themselves with this statement), Norway (on behalf of The Nordic countries: Denmark, Finland, Iceland, Sweden and Norway), Ireland, Republic of Korea, Netherlands (Kingdom of the), Austria, Brazil, the United States of America, Argentina, Mexico, Portugal, Canada, Italy, Iran (Islamic Republic of), China, France, Switzerland, Australia, Romania, Colombia, Japan, the United Kingdom of Great Britain and Northern Ireland, El Salvador, Qatar, the Russian Federation, Lebanon, Singapore, Thailand, Egypt, 罢ü谤办颈测别, India, Sierra Leone, Sri Lanka. Pakistan and Cameroon. Statements were also made by the observers for the State of Palestine and the Holy See.
Cluster 5, safeguards (Draft Articles 5, 11 and 12): the European Union (also on behalf of its member States (the candidate countries North Macedonia, Montenegro, Serbia, Albania, the Republic of Moldova, Bosnia and Herzegovina and Georgia, and the EFTA country, Liechtenstein, member of the European Economic Area, as well as San Marino, aligned themselves with the statement)), Iceland (on behalf of the Nordic Countries: Denmark, Finland, Iceland, Norway, Sweden), the Republic of Korea, Jordan, Indonesia, the Kingdom of the Netherlands, Poland, Austria, Brazil, the United States of America, Argentina, Mexico, India, Portugal, Nigeria, Canada, Italy, the Islamic Republic of Iran, China, France, Switzerland, Israel, Australia, Colombia, New Zealand, Japan, the United Kingdom of Great Britain and Northern Ireland, Cameroon, Pakistan, Singapore, the Russian Federation, Lebanon, 罢ü谤办颈测别, Sierra Leone, Egypt, Romania and Sri Lanka. Statements were also made by the observers for the State of Palestine and the Holy See. The representatives of Georgia, Cameroon and Kenya spoke in the interactive format.
Statements in connection with the recommendation of the International Law Commission were made by the representatives of: the European Union also on behalf of its member States (the candidate countries North Macedonia, Montenegro, Serbia, Albania, the Republic of Moldova, Bosnia and Herzegovina and Georgia, and the EFTA country Liechtenstein, member of the European Economic Area, as well as Monaco and San Marino aligned themselves with the statement), the Plurinational State of Bolivia (on behalf of Argentina, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, the Plurinational State of Bolivia and Uruguay), Timor-Leste (on behalf of the Community of Portuguese Language Countries (Angola, Brazil, Cabo Verde, Equatorial Guinea, Guinea-Bissau, Mozambique, Portugal, S?o Tomé e Príncipe and Timor-Leste)), Iceland (on behalf of the Nordic countries: Denmark, Finland, Iceland, Sweden and Norway), Australia (on behalf of Australia, Canada and New Zealand (CANZ)), Ireland, the United States of America, Jordan, Indonesia, Hungary, Austria, Poland, Brazil, Argentina, Germany, Mexico, Spain, Portugal, Chile, the Gambia, Slovakia, the Islamic Republic of Iran, China, Switzerland, Israel, Romania, Colombia, Albania, the United Kingdom of Great Britain and Northern Ireland, El Salvador, Sierra Leone, Guatemala, the Russian Federation, Belgium, Cyprus, Bulgaria, Nicaragua, South Africa, Uruguay, Eritrea, Ukraine, Italy, Nigeria, Algeria, Equatorial Guinea, Singapore, Haiti, Plurinational State of Bolivia and Ghana. Statements were also made by the observers for the State of Palestine and the Holy See.
At its 46th meeting, on 5 April 2024, the Committee heard and took note of the oral report of the co-facilitators. The representative the Syrian Arab Republic spoke.
Archived videos and summaries of plenary meetings
(11 October 2023, 10:00am – 1:00pm) | Summary
(12 October 2023, 10:00am – 1:00pm) | Summary
(12 October 2023, 3:00pm – 6:00pm) | Summary
(1 April 2024, 10:00am – 1:00pm) | Summary
(1 April 2024, 3:00pm – 6:00pm) | Summary
(2 April 2024, 10:00am – 1:00pm) | Summary
(2 April 2024, 3:00pm – 6:00pm) | Summary
(3 April 2024, 10:00am – 1:00pm) | Summary
(3 April 2024, 3:00pm – 6:00pm) | Summary
(4 April 2024, 10:00am – 1:00pm) | Summary
(4 April 2024, 3:00pm – 6:00pm) | Summary
(5 April 2024, 3:30pm – 6:00pm) | Summary
(11 April 2024, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At its 47th meeting, on 11 April 2024, The Chair, H.E. Mr. Mr. Suriya Chindawongse (Thailand), made a statement. The Vice-Chair, Ms. Alis Lungu (Romania), on behalf of the Rapporteur, introduced the draft written summary contained in document . The representatives of Nigeria and Kenya spoke. The Committee adopted , as orally revised, without a vote.
At the same meeting the Chair made a statement and introduced the Chair’s written summary contained in document A/C.6/78/L.22/Add.1. The representatives of Singapore, Nigeria, Sri Lanka, The Gambia, Mexico, Mali, Uganda, Cameroon, Eritrea, Malta, the Islamic Republic of Iran, the Russian Federation, Egypt and India spoke. The Committee took note of A/C.6/78/L.22/Add.1, as orally revised.
The written summary adopted by the Committee is contained in document . The Summary by the Chair of the deliberations at the first resumed session (2023) and the second resumed session (2024) of the Sixth Committee on the draft articles on prevention and punishment of crimes against humanity and on the recommendation of the International Law Commission is contained in the annex to document .
The agenda item will be considered at the seventy-ninth session (2024) on the basis of resolution .
Full texts of submissions ( + )
| State | Original submission | Translation |
|---|---|---|
| Afghanistan | English | |
| Argentina | Spanish | English |
| Australia | English | |
| Austria | English | |
| Belgium | French | English |
| Brazil | English | |
| Bulgaria | English | |
| Canada | English | |
| China | Chinese | English |
| Colombia | Spanish | English |
| Czech Republic | English | |
| France | French | |
| Germany | English | |
| Iran (Islamic Republic of) | English | |
| Ireland | English | |
| Israel | English | |
| Japan | English | |
| Liechtenstein | English | |
| Malta | English | |
| Mexico | Spanish | English |
| Morocco | French | English |
| Netherlands (Kingdom of the) | English | |
| New Zealand | English | |
| Nordic countries | English | |
| Portugal | English | |
| Republic of Korea | English | |
| Saudi Arabia | Arabic | English |
| Singapore | English | |
| Spain | Spanish | English |
| 罢ü谤办颈测别 | English | |
| United Kingdom of Great Britain and Northern Ireland | English | |
| United States of America | English | |
| See also: European Union | English | |
Related links
- Crimes against humanity (International Law Commission): |
