UNITED NATIONS, New York Oct 15 – As the Sixth Committee (Legal) began its consideration of crimes against humanity today, delegates were divided on the timing and propriety of establishing an international convention based on the related International Law Commission’s draft articles — with some championing fighting impunity with international instruments, while others stressed States’ right to exercise national jurisdiction in such cases.
The representative of the European Union, in its capacity as an observer, pointed out that genocide and war crimes are governed by international conventions. However, crimes against humanity are not and may be more widespread than genocide and war crimes as they can occur in situations not involving armed conflict. Voicing support for a new convention, she called for the establishment of an ad hoc committee to enable an open and frank preparatory debate on the matter.
Cuba’s delegate said that the Sixth Committee should continue to consider the International Law Commission’s draft articles on the basis of State commentaries. Noting that a cardinal principle of international law is that States have the sovereign right to exercise national jurisdiction over crimes against humanity committed in their territory or by their nationals, he emphasized that these States are in the best position to effectively prosecute the perpetrators of such offences.
Egypt’s delegate noted it is premature for the Sixth Committee to work towards a convention based on the draft articles or call for a conference for its adoption. The draft articles contain references to the Rome Statute — which does not enjoy universal membership — as well as provisions relating to national jurisdiction that do not enjoy international consensus. Member States must be given time to consider the draft articles’ alignment with national legislation.
On this point, the representative of Paraguay said that crimes against humanity are prohibited under his country’s Constitution, including torture, forced disappearance and homicide on political grounds. Still, the fight against such crimes should not be limited to prosecuting and punishing their perpetrators, but should focus on ensuring that these crimes do not reoccur. A convention based on the draft articles would strengthen international law and might inspire States to act to end these crimes.
The representative of Singapore said that the draft articles could contribute to strengthening accountability by providing useful guidance to States on this topic. Nevertheless, they can be improved or clarified in several areas, including the resolution of potential conflicts of jurisdiction. Noting that other delegations’ statements and written submissions demonstrate remaining divergence in views, he welcomed continued discussion on these matters.
Recalling national experience, South Africa’s representative said that his country still suffers from the wounds of its past and knows first-hand that healing cannot take place without accountability. A convention offers the opportunity to ensure this, he said, adding his support for such an instrument based on the International Law Commission’s draft articles.
Mexico’s delegate, noting his disappointment at the lack of substantive discussion, said that the Sixth Committee’s adoption of a resolution on this matter last year should not be considered part of a sterile cycle of technical rollovers. He called for an inclusive negotiation process on the International Law Commission’s recommendations. It is necessary to create a critical road map for action, he stressed, adding: “We must not lose sight of the fact that there is a legal vacuum to fill.” A convention on crimes against humanity will fill that vacuum.
At the outset of the meeting, the Sixth Committee concluded its debate on criminal accountability of United Nations officials and experts on mission, as delegates emphasized the importance of safeguarding public trust in peacekeeping missions by holding those who violate that trust accountable. To this end, many speakers called on States to resolve jurisdictional gaps relating to these crimes. (For background, see Press Release GA/L/3637.)
The representative of Angola urged troop-contributing countries to take all necessary measures to ensure that internal disciplinary mechanisms are in place, harmonized with United Nations standards, to support better action by local authorities. Cases of sexual violence — such as those allegedly committed by humanitarian workers during the 2019 Ebola epidemic in the Democratic Republic of the Congo — must be investigated and their perpetrators punished. She also said that — in order to protect women and children in fragile situations — the number of Women’s Protection Advisers in peacekeeping operations should be increased.
Also speaking on criminal accountability of United Nations officials and experts on mission were representatives of Haiti, Jordan, Senegal, Kenya, Madagascar, Morocco, China and Peru.
Speaking on crimes against humanity were representatives of Sweden (also speaking for Denmark, Finland, Iceland and Norway), Sierra Leone, Bangladesh, Iran, Philippines, China, Colombia, Liechtenstein, Portugal, United States, Israel, Brazil, El Salvador, Slovakia, Viet Nam, Switzerland, Hungary, Germany, Guatemala, Pakistan, Czech Republic, India, Syria and Armenia.
The Sixth Committee will next meet at 10 a.m. on Friday, 15 October, to conclude its debate on crimes against humanity.
Criminal Accountability of United Nations Officials and Experts on Mission
WISNIQUE PANIER (Haiti), observing that his country is among those that have received the greatest number of missions, said: “That is not a source of delight, but circumstances left us with no choice.” Voicing concern about the numerous allegations of fraud, sexual exploitation and corruption brought against United Nations officials, he noted that more than 250 of the 280 cases have remained without response from the countries of nationality of the concerned persons. While disciplinary measures were taken against officials of the United Nations Stabilization Mission in Haiti (MINUSTAH) who were found to be involved in sexual exploitation, the countries of their nationality abandoned criminal prosecution. He also recalled that the cholera epidemic had been introduced into Haiti by “Blue Helmets” after the earthquake of 2010, adding that the United Nations took a lot of time to accept its legal responsibility for that.
ALAA NAYEF ZAID AL-EDWAN (Jordan), noting the crucial role of peacekeepers in maintaining peace and security, said that public trust in them is paramount to the work of the Organization. Their conduct must exemplify the values of the Charter of the United Nations, he said, also calling for tolerance and respect for the laws and religion of the host country. Expressing concern about lack of scrutiny by national authorities, he said that article 10 of his country’s penal code criminalizes offences committed by Jordanian nationals abroad. They do not enjoy immunity before Jordanian courts, he said, adding that his Government has imposed appropriate penalties on nationals found to have committed offences while posted in peacekeeping missions elsewhere. Calling on countries to resolve outstanding issues and jurisdictional gaps, he voiced support for a comprehensive international legal framework on this matter.
Mr. DIAKITE (Senegal), associating himself with the Non‑Aligned Movement and the African Group, said that – like other troop‑contributing countries – Senegal has paid a heavy price in peacekeeping operations around the world. The Government has a zero‑tolerance policy for criminal acts attributable to United Nations officials and experts on mission and has adopted criminal legislation that facilitates investigation and prosecution for nationals committing grave crimes outside Senegal’s territory. On this, he emphasized the pre‑eminence of the State of nationality’s role – over that of the host State – while also stressing the importance of training before and during deployment. He also called on Member States to address jurisdictional gaps relating to these crimes in order to ensure accountability.
JAMES WARUI KIHWAGA (Kenya), associating himself with the Non‑Aligned Movement and the African Group, acknowledged that the vast majority of United Nations officials and experts on mission uphold the highest standards of integrity and conduct. Collective concern must continue to focus on preventing the few deplorable incidents of conduct that risk negating the credibility, trust and integrity of the Organization, he said. In dealing with cases of accountability, it is critical to acknowledge the equal responsibility shared by Member States, especially where acts are committed within the territory of jurisdiction or committed by a subject national. In that regard, Member States must consider adopting necessary measures to establish or strengthen cooperation and jurisdictional capacity over such matters, he noted.
Ms. JORGE (Angola) said cases of sexual violence, such as those allegedly committed by humanitarian workers from the United Nations Children’s Fund (UNICEF), World Health Organization (WHO) and the International Maritime Organization (IMO) during the Ebola epidemic in 2019 in the Democratic Republic of the Congo, must be investigated and their perpetrators must be exemplarily punished. Welcoming measures aimed at protecting victims, she said in order to protect women, girls and boys in extremely fragile situations, the number of Women’s Protection Advisers in peacekeeping operations should be increased. Those advisers would monitor, analyse and report on conflict‑related sexual violence, enhancing prevention, early warning and timely responses to conflict‑related sexual violence. Further, States that have not yet done so must establish jurisdiction over crimes committed during missions. She urged troop‑contributing States to take all necessary measures to ensure that internal disciplinary mechanisms are in place and are harmonized with United Nations standards in order to support better action by local authorities.
MIANGOLA RAJAONA (Madagascar), associating herself with the Non‑Aligned Movement and the African Group, expressed concern over the large number of allegations brought against United Nations officials and experts on mission and said that these crimes must be investigated and prosecuted when necessary. Madagascar is committed to a zero‑tolerance policy in this regard and condemns criminal acts committed by such individuals who must be held accountable for their actions. She stressed that working within the United Nations system is a noble duty and cannot be used as an excuse for illicit behaviour. The immunity and privileges enjoyed by officials and experts on mission must not hinder States’ ability to prosecute offenders, she added.
Ms. LBADAOUI (Morocco), associating herself with the Non‑Aligned Movement and the African Group, lauded the heroic sacrifices of the peacekeeping personnel. Stressing the importance of promoting a culture of accountability in missions, she said the immunity provided by international law is aimed at enabling United Nations staff to carry out their work, not at preventing justice. Any crime committed on a mission should be subjected to a rigorous inquiry and judicial prosecution before a competent court. Also highlighting the need for preventive action, she noted the importance of training adapted to local context. As a major troop contributor, Morocco provides predeployment training as well as targeted training in human rights, she said.
LIU YANG (China) said that a zero‑tolerance policy is essential to combat impunity. States of nationality should take the necessary legislative and judicial steps, he said, adding that the United Nations should strengthen its own measures to ensure accountability. Stressing the need for prevention, he said that States should integrate preventive and punitive measures to create a holistic system for strengthening awareness among their troops and officials. Also spotlighting the need for international synergy, he said that both States of nationality and host States should cooperate with each other to enable extradition and judicial assistance. Further, the United Nations can assist the process with information‑sharing and implementing coordinated and consistent policies.
ALESSANDRA FALCONI (Peru) pointed out that peacekeeping operations are a vital tool used by the United Nations, providing added value to the Organization by creating an enabling environment for peace and conflict resolution. Peru has provided a considerable number of troops to these operations, of which there have been approximately 70 since the Organization’s inception. Currently her country has deployed 232 troops and 320 officials across five peacekeeping missions. She condemned any conduct that undermines national or international law and “shakes ethical foundations” – particularly cases of sexual exploitation, sexual abuse and unrecognized paternity – as such acts can undermine the credibility and effectiveness of peacekeeping missions. The isolated allegations against Peruvian officials and experts on mission are being duly investigated, she stated, and she encouraged all Member States to cooperate with the United Nations to protect victims, exchange information and facilitate investigation in this area.
Crimes against Humanity
SIMONA POPAN, representative of the European Union, in its capacity as observer, voiced support for a new convention on the prevention and punishment of crimes against humanity, noting that while genocide and war crimes are regulated by conventions, crimes against humanity are not. They may nevertheless be more widespread than genocide or war crimes, as they may also occur in situations not involving armed conflict. Further, they do not require the intent to destroy certain groups of people, in whole or in part, as the crime of genocide does. A new convention will offer an important legal tool by facilitating national investigations and prosecutions, she pointed out, also recalling the MLA Initiative, which aims at enhancing inter‑State cooperation in the prosecution of perpetrators of international crimes.
Both processes can complement each other, she stressed, adding that adoption of these new instruments would substantially contribute to the fight against impunity at international level. Recalling that many delegations supported the International Law Commission’s recommendation to elaborate a convention based on its draft articles on crimes against humanity, she acknowledged that some delegations now consider that a number of the articles require further clarification. Further, some delegations are hesitant to convene a diplomatic conference at this stage. However, there are suitable institutional frameworks that would enable an open and frank preparatory debate, she pointed out, calling for the establishment of an ad hoc committee with a clear mandate and a clear timeline for the completion of its work.
JULIA FIELDING (Sweden), also speaking for Denmark, Finland, Iceland and Norway, said that the lack of a convention on the crimes against humanity leaves civilian populations vulnerable to such atrocities and allows perpetrators continuously acting with impunity. Urging Member States to redouble the efforts to prevent and punish these heinous crimes, she emphasized that the draft articles adopted by the International Law Commission have significant potential for establishing a convention on crimes against humanity, which would promote an inter‑State cooperation and efficient investigations of such crimes.
This process must not be delayed any longer, she stressed, noting substantial support among the States to move forward towards the elaboration of such an instrument. Recalling requests for clarification on some of the draft articles, shared by the States, she proposed setting up an ad hoc committee with a clear mandate and time frame to provide a suitable format for transparent, inclusive and constructive discussions.
YONG-ERN NATHANIEL KHNG (Singapore) said that the International Law Commission’s draft articles on crimes against humanity can contribute to strengthening accountability by providing useful practical guidance to States on this topic. However, he also noted that the draft articles can be improved or clarified in several areas, including the resolution of potential conflicts of jurisdiction. Where such conflicts exist, the draft articles should give primacy to the State that can exercise jurisdiction on the basis of one of the limbs in paragraph 1 of draft article 7, rather than a custodial State that can only exercise jurisdiction on the basis of paragraph 2 of that draft article. Noting that other delegations’ statements and written submissions contain valuable ideas – but also demonstrate remaining divergence in views – he welcomed continuing discussion on such matters.
ALHAJI FANDAY TURAY (Sierra Leone) stated his expectation that the General Assembly conduct its work effectively despite current modalities, and not use the pandemic to validate a lack of progress on its important work. Supporting the elaboration of a convention on crimes against humanity, he said this would elevate such crimes to the level of genocide and war crimes and would constitute a gap‑filling treaty by obligating States to prevent such crimes, rather than just punish perpetrators. States must develop their national laws and judicial systems while also cooperating with other States to prevent, investigate and prosecute these crimes. Noting the continued commission of such crimes with impunity, he stressed that the onus is on the Sixth Committee to act, stating that the best use of the Committee’s time is to focus on modalities for the way forward on this topic.
NASIR UDDIN (Bangladesh), thanking the International Law Commission for the draft articles on crimes against humanity, said that his country experienced this crime during its liberation war in 1971. Noting that 3 million civilians lost their lives and 200,000 women were subjected to sexual violence during that time, he said that concomitant with the principle of complementarity, Bangladesh established a tribunal in 2010 to punish the perpetrators of those crimes. Further, the country has also extended cooperation with the International Criminal Court to assist in the case of the Rohingya Muslims. Affirming the primary responsibility of States to prevent crimes against humanity within their jurisdictions, he voiced support for a United Nations convention on this matter, stressing that the negotiations must be carried out in an inclusive and transparent manner.
NASER ASIABIPOUR (Iran) said the fragmented views on the International Law Commission draft articles show that there is no consensus on how to address all aspects of this serous crime unanimously. Attempts to incorporate definitions from instruments that are not universal has further distanced States from consensus. He underscored that there is an accumulation of instruments on the subject “rather than a normative gap”, citing the Rome Statute of the International Criminal Court and the multiplicity of national and international practices. “We doubt that a new convention will be a positive development,” he said, adding that it will only add to the accumulation of existing standards. The idea of selective and politicized application of such a convention for the benefit of certain countries, if it were to exist, is a concern for many independent countries, he added.
AHMED ABDELAZIZ AHMED ELGHARIB (Egypt), noting his delegation’s previous active participation in the negotiations on this item, reaffirmed his country’s commitment to the prevention of crimes against humanity and combating impunity. Noting that the Commission’s draft articles contain many useful elements, he said that they do have many legal problems, including references to the Rome Statute, which does not enjoy universal membership. Also highlighting article 7, which concerns the issue of national jurisdiction, he noted it does not enjoy international consensus. Therefore, it is premature for the Sixth Committee to make a convention based on the draft articles or call for a conference for the adoption of such a convention, he said, adding that Member States should be given enough time to consider the drafts and their alignment with national legislations.
AZELA GUERRERO ARUMPAC-MARTE (Philippines) pointed out that, if the draft articles were to become the basis of a convention on crimes against humanity, her country’s policy complies with the fundamental obligation – contained in draft article 6 – to criminalize crimes against humanity under national law. Domestic law also defines crimes against humanity consistent with the draft articles but contemplates the concept of persecution more broadly as national law specifically mentions persecution on the basis of sexual orientation. However, further deliberation is needed before a convention based on the draft articles can be elaborated, she said, citing concerns previously raised by States in prior deliberations such as State sovereignty, overbroad assertions of jurisdiction and politicization of human rights.
YUSNIER ROMERO PUENTES (Cuba) said that a convention on crimes against humanity should reflect, as a fundamental principle, that the primary responsibility for preventing and punishing serious international crimes committed under its jurisdiction should lie with the State in question. One of the cardinal principles of international law is that States have the sovereign right to exercise national jurisdiction over crimes against humanity committed in their territory or by their nationals; such States are in the best position to effectively prosecute the perpetrators of such offenses. Only when States are unable or unwilling to exercise such jurisdiction should the application of other prosecutorial mechanisms be considered. He added that the Sixth Committee should continue to consider the draft articles on the basis of State commentaries.
GENG SHUANG (China) said that, while the elaboration of a convention needs to be based on State practice and international consensus, there is no unified State practice concerning crimes against humanity. The draft articles basically reproduce the definition of crimes against humanity contained in the Rome Statute, he said, noting that the Statute is not a universal international treaty; more than one third of the United Nations membership have not joined it. Crimes against humanity also concern sensitive issues on which the international community remains divided, such as immunity of State officials. The elaboration of a convention needs to be underpinned by international mutual trust. However, in recent years, certain countries have arbitrarily accused other countries of committing crimes against humanity while turning a blind eye to their own grave international crimes, he noted.
LUCIA TERESA SOLANO RAMIREZ (Colombia), calling on States to guarantee better cooperation between the Sixth Committee and the International Law Commission, said it is vital to provide the Commission with the input it requires and study its outputs in a timely fashion to make best possible use of its members’ expertise. Thanking the Commission for the draft articles, she reaffirmed her country’s unwavering commitment to the fight against impunity. While an international legally binding instrument in this field could serve to consolidate and strengthen international criminal law, she added that the instrument proposed by the Commission could benefit from a number of additions or supplementary material. Her country’s criminal legislation does not have a category for crimes against humanity, she said, but it has filled this vacuum through the jurisprudence of its courts, particularly the Supreme Court of Justice and through the guidelines issued to prosecutors.
SINA ALAVI (Liechtenstein) voiced his strong support for efforts to conclude a future convention on crimes against humanity, thereby ensuring justice for victims. Using the Rome Statute as the basis for the draft articles was “the only right thing to do,” he said, noting that the latter’s crimes against humanity provisions were the result of painstaking and universal intergovernmental negotiations. He added that he was encouraged to see language in the draft articles concerning international cooperation, including with international accountability mechanisms. Such instruments – for example the International, Impartial and Independent Mechanism for Syria and the Independent Investigative Mechanism for Myanmar – are integral to the modern international criminal justice system. The elaboration of a convention on crimes against humanity would be complementary and would not compete with efforts to formalize inter‑State cooperation for the national prosecution of the most serious crimes of international concern, he added.
SERGIO AMARAL ALVES DE CARVALHO (Portugal), associating himself with the European Union, said it was imperative for States to heed the recommendation of the International Law Commission and convene a diplomatic conference to negotiate and adopt a convention on the basis of the draft articles. Recalling the Committee’s failure in 2020 to achieve effective progress on this agenda item, he emphasized that it must do so at the current session. Opinions differ on the timing and shape of a discussion that could lead towards the elaboration of a convention and different views also exist on the maturity of the Committee’s reflection on the draft articles as well as on the need for more time to iron out divergences. However, “those differences must not trap the Sixth Committee in a sterile repetition of arguments leading to a cycle of consideration and postponement,” he warned, adding that the Sixth Committee cannot remain paralysed. In addition, the existence of an additional project on mutual legal assistance should not be used as an excuse not to advance either initiative.
THABO MICHAEL MOLEFE (South Africa) voiced his support for a convention based on the draft articles, which will ensure accountability for crimes against humanity – the only category of serious crimes not governed by an international convention. He emphasized the importance of the principle of complementarity in international criminal law, pointing out that, while international courts serve an important role, it is first and foremost the responsibility of States to investigate and prosecute such crimes. For its part, South Africa has criminalized such acts under national law and provides mutual legal assistance in relation to the same. Noting that South Africa still suffers from the wounds of its past, he said that his country knows first‑hand that healing cannot take place without accountability, which the convention offers an opportunity to ensure.
JULIAN SIMCOCK (United States) said the absence of a treaty addressing crimes against humanity has left a hole in the international legal framework that should be addressed. The Commission’s final draft articles on the prevention and punishment of such crimes are an important step in this regard. Recognizing that Member States have a range of views on the final draft articles and the way forward, he said that these articles should be modified through further discussion in an ad hoc committee. This committee should consider modalities of work that would enable a substantive and thorough exchange of views by Member States on the project and on the Commission’s recommendation for the elaboration of a convention by the General Assembly or by a conference of States. This approach, he noted, would ensure that any future convention would be effective in practice and widely ratified.
SARAH WEISS MA’UDI (Israel) noted that a meaningful and inclusive discussion among States should take place to address differences with regard to the substantive content and form of the draft articles. In this context, she called for the establishment of a forum in the framework of the Sixth Committee, where Member States could clarify outstanding issues and resolve differences with an aim of reaching a consensus. She further stressed that effective safeguards need to be put in place to prevent abuse of the draft articles for political gains. The draft articles should accurately reflect well‑established principles of international law, she said, citing several articles which do not properly reflect the current state of play of customary international law.
VINÍCIUS FOX DRUMMOND CANÇADO TRINDADE (Brazil) pointed out that the Rome Statute inspired much of the draft articles, thereby ensuring their consistency with the international law system. In that regard, the preamble of the draft articles should include a reference from the Rome Statute on the general prohibition under international law on the use of force. Further, issues of jurisdiction should be reflected in the final product. Noting that the International Criminal Court should be prioritized when the custody State has no nexus with the crime, the suspects or the victims, he said the draft articles would also benefit from the addition of safeguards to prevent the abuse of the universality principle, such as a provision giving jurisdictional priority to States with the closest links to the crimes. He added his support for the elaboration of a convention by the General Assembly or another international conference, on the basis of the draft articles.
DAVID ANTONIO GIRET SOTO (Paraguay) said that crimes against humanity are prohibited under his country’s Constitution, including crimes of genocide, torture, forced disappearance and homicide on political grounds. Noting that several years have passed since the International Law Commission produced the draft articles on this topic, he said that the adoption of a legally binding convention might constitute a significant step forward in this area and inspire States to act to end these crimes. The fight against crimes against humanity should not be limited to prosecuting and punishing the immediate perpetrators thereof; rather, it should focus on laying the necessary foundation to ensure that such crimes do not reoccur. He therefore supported a convention based on the draft articles, as it would strengthen international law in this field.
LIGIA LORENA FLORES SOTO (El Salvador) said that her country’s criminal code has a provision relating to the regulation of individual crimes which are related to crimes against humanity, such as torture and forced disappearances. Further, El Salvador is a State party to several international instruments relating to human rights, including the Inter-American Convention to Prevent and Punish Torture and the Geneva Conventions. Highlighting article 10 of her country’s penal code, which is a provision to recognize and apply the principle of universal jurisdiction, she said that this article is applied independently and does not depend on where a crime is committed and who has committed it. The gridlock caused by the pandemic must not distract the international community from taking further action on this important matter, she emphasized.
MICHAL MLYNÁR (Slovakia), aligning himself with the European Union, called the set of 15 articles with commentaries a solid basis for codification. Referring to some States’ concerns regarding specific articles, which made them reluctant to organize a diplomatic conference, he noted that Slovakia is ready to work with all delegations to establish a predictable process for substantive discussions. A strong response from the United Nations is needed to strengthen international criminal justice and the fight against impunity. There is a common agreement on the fundamental obligation to prevent and punish crimes against humanity and on the need to fill a legal gap, he said.
PABLO ADRIÁN ARROCHA OLABUENAGA (Mexico), recalling his delegation’s disappointment at the lack of substantive discussion on crimes against humanity, said that the Sixth Committee’s adoption of a resolution on this matter last year should not be considered part of a sterile cycle of technical rollovers. Calling for an inclusive negotiation process on the Commission’s recommendations, he said it is necessary to create a critical road map for action. “We must not lose sight of the fact that there is a legal vacuum to fill,” he stressed, adding that a convention on crimes against humanity will fill that vacuum. What is also at stake is the relationship between the Commission and the Sixth Committee, he pointed out, calling on delegates to break the unproductive cycle of inaction on articles submitted by the Commission.
QUYEN THI HONG NGUYEN (Viet Nam) underlined the importance of respect for national sovereignty and non‑intervention in domestic matters of Member States. Highlighting article 422 of her country’s penal code, which penalizes genocide against the population of an area, as well as other crimes, she said that States must take the primary responsibility in preventing and punishing serious crimes. Calling for more efforts in building States’ capacity to fulfil this responsibility, she said that international criminal mechanisms must be resorted to only after all national measures have been exhausted. Noting challenges currently faced by international criminal institutions, she added that if an international convention is to be developed on this basis, it is critical that different national experiences and practices, especially on legal systems and matters, be fully reflected.
NATHALIE SCHNEIDER RITTENER (Switzerland) said it is undisputed that crimes against humanity are among the most serious crimes that shock the conscience of humanity, and that preventing and punishing them is essential. Yet, decades after the adoption of conventions dealing with genocide and war crimes, there is still no universal convention on crimes against humanity. The Sixth Committee has an opportunity to fill this gap, she stressed, adding: “It is our responsibility to seize it.” Expressing support for the International Law Commission’s recommendation to elaborate a convention on the basis of the draft articles, she said such an instrument will complement existing treaty law on international core crimes while also helping States implement their primary responsibility to investigate them. It will also promote cooperation between States in investigating, prosecuting and punishing such crimes. To that end, she called on States to negotiate solutions that are as specific as possible with the creation of an ad hoc committee and a clear timetable for the next steps forward.
Mr. MAGYAR (Hungary), aligning himself with the European Union, said that – unlike genocide and war crimes – crimes against humanity still fall mostly outside the treaty framework. It is long overdue to address this legal gap with a convention that – solely by its existence – would help fight impunity. To this end, he added his support to establishing an ad hoc committee or working group within the Sixth Committee to resolve issues hindering agreement on the draft articles and to consider further steps to elaborate a convention based thereon. He also welcomed the MLA Initiative, which aims to enhance inter‑State cooperation in the prosecution of crimes against humanity, and expressed hope that the postponed diplomatic conference thereon will be held in the near future.
GEORG CHRISTIAN KLUSSMANN (Germany), associating himself with the European Union, recalled that many delegations supported the elaboration of a convention on this topic in the summer of 2019. Two years later, it is crucial to facilitate meaningful discussion towards such an instrument. He expressed his belief that consensus exists among States over the core principles contained within the draft articles, which can provide the basis for future negotiations. An ad hoc committee would allow both ambitious and cautious approaches to be discussed in an efficient, expert setting. Pointing out that no international convention covers these crimes – unlike genocide or war crimes – he said that a convention on crimes against humanity would remedy a historical gap that has practical implications for ensuring accountability.
EDGAR DANIEL LEAL MATTA (Guatemala), reaffirming the importance of establishing legal norms at the international level to prevent crimes against humanity, highlighted the effects of such crimes on the civilian population, particularly, the suffering visited upon women, girls and boys. The primary responsibility for prosecuting such crimes rests on each State, he stressed, adding that the work of the international human rights system serves to complement States’ work on this. As a State party to the Rome Statute, his country is committed to the work of the International Criminal Court, he said, adding that as a peace‑loving nation, Guatemala supports the proposal to organize an intergovernmental conference aimed at establishing a convention on crimes against humanity.
QASIM AZIZ BUTT (Pakistan), urging the international community to work together to combat impunity for crimes against humanity, welcomed the draft articles for providing useful guidance to Member States on that matter. However, it is premature to draw any concrete conclusion on the final form of the draft articles, he said, noting that comments from States demonstrate the divergence in views. In particular, draft articles 7, 9, and 10 are based on an extensive interpretation of universal jurisdiction on which there is no consensus, he said. Calling for more time to enable States to study the draft articles and ensure consistency with national legislation, he said it is unwise to rush the process and convene a conference. One way forward would be setting up a working group to continue discussion, he said, adding that a future convention should be widely accepted by the entire international community, including those States who are not of the Rome Statute.
MAREK ZUKAL (Czech Republic), aligning himself with the European Union, said that the cruelty of crimes against humanity should lead to the adoption of norms that would clearly outlaw them and fill a considerable legal gap in the international law. Expressing full support to the International Law Commission’s recommendation for launching negotiations on the adoption of a convention on crimes against humanity, he stressed that the time has come for the Sixth Committee to take the lead. To that end, he called upon the Committee to create an ad hoc committee, where the States can discuss substantively future procedures concerning the draft articles and their content.
KAJAL BHAT (India) said that existing international instruments already contemplate crimes against humanity as punishable offenses. The draft articles are based on the Rome Statute and, for those Member States who have not yet subscribed to that Statute, national legislation already captures these offenses. She said that there is no need for a convention on this topic and opposed any work thereon that duplicates existing legal mechanisms. It is premature, she added, to draw any conclusions on the nature or format of the draft articles without having an in‑depth discussion on the same.
ELIE ALTARSHA (Syria) said that the primary responsibility for preventing and punishing crimes against humanity rests with States, who possess the sovereign right to exercise national jurisdiction over these crimes. To support this approach, the international community should work to build national capacity and strengthen judicial institutions. Any future convention addressing crimes against humanity should comport with the Charter of the United Nations and international law, especially the principles of sovereign equality and non‑interference in internal affairs. He voiced his support for a thorough consideration of the draft articles to ensure their consistency with national law, and called on the Committee to continue its deliberation on this agenda item.
TIGRAN GALSTYAN (Armenia) welcomed an inclusive process on the discussion of elaborating a convention on crimes against humanity, which is intended to fill a perceived gap in the international legal landscape. At the heart of crimes against humanity is a history of continued violations of fundamental human rights. The new convention would add to the prevention toolbox of the United Nations and play an important role in facilitating inter‑State cooperation. At the national level, the new convention would offer an important legal tool for prevention and punishment of crimes against humanity by facilitating national investigations, prosecutions and punishments for such crimes. He spotlighted that a degree of consensus has been duly captured in the draft articles, reflecting the shared objective of combating impunity for the perpetrators and delivering justice to the victims.
12月12日华盛顿报道,据《纽约时报》(The New York Times)今天报道,美国运输安全管理局(TSA)正在向美国移民局官员提供所有航空旅客的姓名,作为特朗普政府大规模驱逐出境计划的一部分。 《纽约时报》报道称,美国运输安全管理局每周多次向美国移民及海关执法局(ICE)提供预计将通过机场的旅客名单。 该报道称,“美国移民及海关执法局随后可以将这份名单与其自身的驱逐出境人员数据库进行比对,并派遣特工前往机场拘留这些人。” 美国移民及海关执法局和美国运输安全管理局均隶属于美国国土安全部(DHS)。美国国土安全部的一位发言人在一份声明中就《纽约时报》的报道回应时表示:“这并非新鲜事。” 该发言人表示:“早在2月份,国土安全部部长诺姆就推翻了拜登政府时期一项糟糕的政策,该政策允许非法滞留在我国的外国人乘坐飞机在全国各地旅行,而且无需出示身份证明。在特朗普总统的领导下,美国运输安全管理局和国土安全部将不再容忍这种情况。本届政府正在努力确保非法滞留在我国的外国人除非是离开美国自愿遣返,否则将无法乘坐飞机。” 《纽约时报》报道称,目前尚不清楚有多少人因美国运输安全管理局的信息共享而被捕。但该报称,他们获得的文件显示,该计划导致一名名为贝洛萨(Any Lucía López Belloza)的大学生于11月20日在波士顿洛根机场被捕,两天后她被遣返回洪都拉斯。贝洛萨当时正前往德克萨斯州探望家人,准备过感恩节。 《纽约时报》此前还曾报道称,贝洛萨7岁时从洪都拉斯来到美国,她的家人声称,他们和贝洛萨本人都不知道她面临驱逐出境的命令。
12月12日华盛顿报道,美国总统特朗普今天在白宫签署一项法案时接见了1980年美国冬奥会男子冰球队员。这支球队因在“冰上奇迹”(Miracle on Ice)中击败苏联队而闻名。已于今年9月在美国众议院和参议院获得通过的一项法案,旨在授予这支冰球队国会金质奖章以表彰他们的卓越贡献。 特朗普总统今天在白宫签署的这项法案授予该支冰球队国会金质奖章,以纪念美国在1980年冬奥会上取得胜利45周年,并与头戴牛仔帽的前队员们合影留念。 1980 年美国冬奥会男子冰球队在纽约州普莱西德湖举行的美国队对阵苏联队的比赛中获胜。苏联是冷战时期美国的宿敌,也是冰球强国,在此前四届冬季奥运会上都获得了金牌。 特朗普总统在签署法案后表示:“今天,我们非常荣幸能与美国体育史上真正的传奇人物、整个国家的英雄—1980年美国冬奥会冰球队的成员们齐聚一堂,这是我见过的体育史上最伟大的时刻之一,而我本人也很喜欢体育。正是这些人为我们带来了体育史上最传奇的胜利之一,它被称为冰上奇迹,我想这就是它应有的样子。” 在白宫椭圆形办公室举行的颁奖仪式上,该支冰球队的明星球员悉数到场,包括队长迈克·埃鲁齐奥(Mike Eruzione)、守门员吉姆·克雷格(Jim Craig)和前锋巴兹·施耐德(Buzz Schneider)。已故教练赫伯·布鲁克斯(Herb Brooks)的家人也出席了仪式。队员们赠送给特朗普总统一顶与他们1980年比赛前所戴帽子相似的帽子。 白宫发言人罗杰斯(Taylor Rogers)在签字仪式前表示:“特朗普总统将向这支传奇的奥运男子冰球队致敬,他们的‘冰上奇迹’为美国队赢得了历史性的、具有象征意义的胜利,击败了苏联队。这场胜利激发了美国人民的民族自豪感,全美各地的人们都见证了美国队出人意料地夺得金牌。” 特朗普总统强调说:“自1968年以来,苏联队未尝败绩,并且刚刚取得了四连冠的骄人战绩。”…
12月12日加州河滨县报道,一个与2名失踪男子有关的神秘宗教团体的领导人,以及另一名人士12月11日周四在加州河滨县的赫米特市(Hemet)被捕,他们涉嫌谋杀。 加州圣贝纳迪诺县和河滨县的拘留记录显示,58岁的马丁(Darryl Muzic Martin)、他62岁的妻子雪莉(Shelly Bailey Martin)以及43岁的莫雷诺(Rudy Moreno)于12月11日上午在河滨县赫米特市的普莱森特街被捕。三人均不得保释。 除了证实逮捕之外,当局对案件一直守口如瓶。雷德兰兹(Redlands)警方的发言人贝克(Carl Baker)以调查仍在进行为由,拒绝透露警方认为的受害者身份。 失踪的2名“祂的道路圣灵引导教会”(His Way Spirit Led Assemblies)宗教团体的前信徒,最后一次露面40岁的加内姆(Emilio Ghanem)和莫雷诺(Ruben…
12月12日华盛顿报道,在硅和平峰会(Pax Silica Summit)前夕,美国和日本今天在华盛顿特区签署了一份里程碑式宣言的联合宣言,宣告一项新的地缘政治共识:经济安全即国家安全,国家安全即经济安全。 美国国务院称,美日两国确认将致力于共同推进多层次的伙伴关系,以加强供应链安全,解决胁迫性依赖和单点故障问题,并推动可信赖的技术生态系统的采用。 《美日硅和平宣言》(U.S.-Japan Pax Silica Declaration)由美国国务院负责经济事务的副国务卿赫尔伯格(Jacob Helberg)与日本驻美大使山田重夫(Shigeo Yamada)共同签署。 美国常务副国务卿兰道(Christopher Landau)在签署仪式的致辞中强调指出,该宣言推进了美国总统特朗普关于开启“经济治国新时代”的号召,旨在通过私人投资、自由企业和经济的力量,为美国及其盟友带来和平与安全。 美国国务院表示,美国与日本将探索在全球技术体系中的旗舰项目上开展合作的机遇,涵盖信息互联与数据基础设施、算力与半导体、先进制造、物流、矿产提炼与加工以及能源。《硅和平宣言》旨在成为构建更广泛伙伴关系框架的基石,美日两国计划与峰会其他参与方共同推进这一框架。 赫尔伯格今天在社交媒体X上发帖表示:“很荣幸能与兰道、萨克斯(David Sacks)、克莱因(Ethan…
12月12日纽约报道,加拿大运动休闲公司露露乐蒙(Lululemon)股价在今天盘前交易中飙升超过 9%,此前该公司宣布首席执行官麦克唐纳(Calvin McDonald)将辞职。 麦克唐纳的离职将于1月31日生效,该公司已连续一年业绩不佳。该公司在纽约上市的股票最新交易价格约为 204.50 美元,上涨 9.35%。12月11日盘后交易中,股价上涨约 10%。 露露乐蒙公司在一份新闻稿中表示,该公司董事会正在与一家“领先的高管猎头公司”合作,物色下一任首席执行官。麦克唐纳将在该公司继续担任高级顾问至 明年3月31日。 麦克唐纳在与分析师的电话会议上表示:“现在是时候做出改变了,我曾说过担任麦克唐纳的首席执行官是我的梦想工作。它确实不负众望,给了我一生难得的机会。” 在寻找新任首席执行官期间,该公司首席财务官弗兰克(Meghan Frank)和首席商务官马埃斯特里尼(André Maestrini)将担任临时联合首席执行官。该公司董事会主席莫菲特(Marti Morfitt)在此期间也将兼任执行主席一职,她在声明中表示,公司拥有坚实的基础,但需要一位新的领导者来带领公司度过转型期。…
12月11日华盛顿报道,美国总统特朗普今天签署了一项行政命令,为人工智能制定统一的监管框架,削弱了各州监管权力。 特朗普总统签署的行政命令指出:“为了取得成功,美国的人工智能公司必须能够自由创新,不受繁琐监管的束缚。但过度的州级监管阻碍了这一目标的实现。” 特朗普政府在人工智能和加密货币领域领军人物萨克斯(David Sacks)的协助下,一直致力于推动联邦法规优先于各州对人工智能的监管,此举旨在阻止包括加利福尼亚州和纽约州等民主党执政的大州对这个蓬勃发展的行业施加控制。 特朗普总统今天在白官椭圆形办公室签署该命令时,萨克斯和另一位科技投资者兼播客主持人帕里哈皮蒂亚(Chamath Palihapitiya)在场。美国财政部部长贝森特(Scott Bessent)、美国商务部长卢特尼克(Howard Lutnick)和德克萨斯州共和党参议员克鲁兹(Ted Cruz)出席了签字仪式。 此举对OpenAI、谷歌(Google)以及风险投资公司霍洛维茨(Andreessen Horowitz)等科技公司来说是一次胜利,这些公司一直游说限制他们认为过于繁琐的监管。人工智能公司纷纷在美国国会大厦附近开设办公室,并通过超级政治行动委员会(Super PAC)发起竞选活动,计划在2026年中期选举中投入至少1亿美元。 联邦法规的支持者认为,全国各地不同的监管规定会阻碍美国在全球人工智能竞赛中取得优势。上个月,一份拟议的行政命令草案浮出水面,该草案旨在制定统一的联邦人工智能标准,“取代50个州各自为政的监管体系”。 一项拟议的为期10年的各州人工智能监管禁令最初被纳入共和党的支出法案,但在特朗普总统7月签署前被删除。 特朗普总统的行政命令还要求美国司法部长成立一个人工智能诉讼工作组,“其唯一职责是挑战各州的人工智能法律”。不遵守规定的州可能会面临资金限制。…