Crimes against humanity and an obtuse Indian stance

Context: On December 4, 2024, the UN General Assembly (UNGA) adopted a resolution
approving the text of a proposed treaty governing the prevention and punishment
of crimes against humanity (CAH treaty). This marks the beginning of the
negotiation process among states for the conclusion of a CAH treaty. This
resolution comes five years after the International Law Commission submitted
the draft text of the CAH treaty to the Sixth Committee which is the primary
forum for considering legal questions in the UNGA. This development is a
landmark in the international community’s quest to combat impunity for CAH. India’s
response to a ‘crimes against humanity’ treaty aligns with its aversion to the
Rome Statute and the International Criminal Court.

Key points

·       Overview: The UN General
Assembly's legal committee approved a landmark resolution on November 22, 2024,
initiating negotiations for the first-ever treaty to prevent and punish crimes
against humanity. This step followed intense negotiations, culminating in
Russia withdrawing amendments that could have derailed the process.

·       Current
laws governing the conflict: The 1949 Geneva Conventions provide the
foundational legal framework for humanitarian protection during armed
conflicts. These treaties outline the responsibilities of states to protect
civilians and ensure humane treatment for non-combatants. While the
International Criminal Court (ICC) addresses war crimes and genocide, there is
currently no specific treaty that comprehensively covers crimes against
humanity. The ICC recognizes crimes against humanity as acts committed as part
of a widespread or systematic attack against civilians, which include offenses
such as murder, torture, and sexual violence.

·       Recent
Examples: Recent history has seen numerous instances of crimes against humanity. The
conflict in Syria, the Rohingya crisis in Myanmar, and the situation in Darfur,
Sudan, are notable examples where widespread and systematic attacks against
civilian populations have been documented.

·       Role
of the International Community: The international community
plays a crucial role in addressing crimes against humanity. Organizations like
the United Nations and the International Criminal Court work to investigate,
prosecute, and prevent these crimes.

Ø  International
Criminal Court (ICC) - The ICC is the permanent court responsible for
prosecuting crimes against humanity.

Ø  National Courts
-
Countries that incorporate crimes against humanity into their criminal law can
also prosecute these crimes.

·       Need
for a CAH treaty: Legal Gaps - Existing international treaties
cover war crimes and genocide but do not specifically address crimes against
humanity. This lack creates a legal void that allows perpetrators to evade
accountability for serious offenses committed against civilian populations.

Increasing
Incidence of Crimes - There has been a notable rise in crimes against
humanity globally, with reports of such offenses in countries like Ethiopia,
Sudan, Ukraine, and Myanmar. A dedicated treaty would facilitate international
cooperation in prosecuting these crimes and provide a framework for justice.

Strengthening
International Law - A new treaty would reinforce the international
justice framework by imposing obligations on states to prevent and punish these
crimes, thereby enhancing global standards for human rights protection.

·       Steps
taken: Preparatory Sessions - Scheduled for 2026 and 2027, these
sessions will prepare the groundwork for formal discussions on the treaty.

Formal
Negotiating Sessions - Three-week sessions are planned for 2028 and 2029
to finalize the treaty’s text.

Broad
International Support - The initiative is backed by Mexico, Gambia, and 96
other countries, indicating a strong international commitment to addressing
these serious human rights violations

·       Way
forward: Adopt a Survivor-Centric and Inclusive Approach - Ensure the
treaty prioritizes the rights of victims, incorporates survivor input, and
mandates comprehensive support mechanisms while maintaining a robust,
enforceable legal framework.