U.N. COMMITTEE RESOLUTION FOR CRIMES AGAINST HUMANITY

TAG: GS-2: POLITY

CONTEXT:  United Nations (U.N.) The General Assembly committee was approved by consensus on November 22, 2024, after Russia withdrew amendments that could have derailed the effort. The final approval by the U.N. General Assembly is expected on December 4, 2024.

EXPLANATION:

More about news:

• • The U.N. General Assembly’s legal committee adopted a resolution paving the way for the first-ever treaty on crimes against humanity.
  • It marks a significant step towards codifying international law to prevent and punish such crimes.

Purpose of the Treaty:

• • To address impunity for crimes against humanity, which include murder, rape, sexual slavery, enforced disappearances, and torture.
  • Unlike war crimes and genocide, crimes against humanity currently lack a specific global treaty.

Timeline for Treaty Negotiation:

• • Preparatory sessions planned for 2026 and 2027.
  • Three-week negotiating sessions scheduled for 2028 and 2029 to finalize the treaty.

Sponsors and Support:

• • The resolution was led by Mexico and Gambia, supported by 96 countries.
  • It fills a gap in international justice frameworks as the ICC lacks jurisdiction over nearly 70 countries.

Concerns and Compromise:

• • Russia’s Deputy U.N. Ambassador Maria Zabolotskaya stated Russia’s reservations but expressed willingness to engage in negotiations.
  • Amnesty International criticized the extended timeline but remained optimistic about the convention’s potential impact.

Significance of ICC’s Role:

• • The ICC prosecutes war crimes, genocide, and crimes against humanity but lacks jurisdiction over non-member states.
  • A new treaty could strengthen accountability and close gaps in international justice.

Implications:

• • Reinforces international legal standards.
  • Aims to eliminate safe havens for perpetrators of heinous crimes.
  • Represents a commitment to victims’ justice and the prevention of future atrocities.

About International Criminal Court (ICC):

• • It is a global court which seeks to hold to account those guilty of some of the world’s worst crimes.
  • It is the only permanent international criminal tribunal.
  • Background:
    • The ICC was established by an international agreement, the Rome Statute, on 17 July 1998.
    • The Rome Statute sets out the Court’s jurisdiction, structures and functions.
    • The Statute entered into force on 1 July 2002.
  • Mandate: It investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity, and the crime of aggression.
  • HQ: Hague, Netherlands.
  • Members: 123 nations are States Parties to the Rome Statute and recognize the ICC’s authority; the notable exceptions being the US, China, Russia, Israel, and India.
  • Funding: The Court is funded by contributions from the States Partiesand by voluntary contributions from Governments, international organizations, individuals, corporations, and other entities.
  • Composition:
    • Judges: The court has eighteen judges, each from a different member country, elected to non-renewable nine-year terms.
    • The Presidency: Consists of three judges (the President and two Vice-Presidents) elected from among the judges. It represents the Court to the outside world and helps with the organization of the work of the judges.
    • Judicial Divisions: 18 judges in 3 divisions, the Pre-Trial Division, the Trial Division, and the Appeals Division.
    • Office of the Prosecutor (OTP): OTP is responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court. OTP examines these referrals and information, conducts investigations, and conducts prosecutions before the Court.
    • Registry: The core function of the Registry is to provide administrative and operational support to the Chambers and the Office of the Prosecutor.
  • Jurisdiction of ICC:
    • Unlike the International Court of Justice (ICJ), which hears disputes between states, the ICC handles prosecutions of individuals.
    • The ICC is only competent to hear a case if:
      • the country where the offence was committed is a party to the Rome Statute; or
      • the perpetrator’s country of origin is a party to the Rome Statute
    • The ICC may only exercise its jurisdiction if the national court is unable or unwilling to do so.
    • The ICC only has jurisdiction over offences committed after the Statute’s entry into force on 1 July 2002.

Source:

https://www.thehindu.com/news/international/crimes-against-humanity-key-un-committee-adopts-resolution-paving-way-for-first-ever-treaty/article68901276.ece