UN: Sixth Committee Speakers Argue Whether to Codify Crimes against Humanity Draft Articles into Convention or Have States Exercise National Jurisdiction

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.

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美军袭击5艘伊朗油轮,伊朗指责美国为以色列而战

9月8日华盛顿讯,美国国务卿马尔科·卢比奥( Marco Rubio)今天警告称,为回应伊朗针对美军舰队的持续袭击,美国将继续把伊朗油轮作为打击目标。 卢比奥在哥伦比亚表示:“伊朗不断试图袭击美国海军舰艇,每当他们实施或企图实施此类行动时,他们就会损失油轮。我想今天你们会再次看到这种情况,”卢比奥补充道,他指的是美国当天在该地区对5艘伊朗油轮发起的打击行动。 伊朗外长阿巴斯·阿拉格齐(Abbas Araghchi)今天指责美国为以色列而战,并斥责美国的经济施压政策是失败之举。 阿拉格齐在社交媒体X上发文指出:“在实施了47年的制裁之后,美国为了以色列与伊朗开战了。这对美国造成了灾难性后果,也损害了其国际地位。” 阿拉格齐还指出:“在制裁和战争手段均未能奏效后,华盛顿提出的‘新颖’解决方案竟然是……更多的制裁。认真的吗?” 据消息人士透露,美国中央司令部今天对伊朗哈尔克岛(Kharg Island)和贾斯克(Jask)附近再次发动袭击,将伊朗原油油轮作为目标;此举既是旨在从经济上挤压伊朗的更广泛行动的一部分,也是对伊朗此前袭击美军舰队回应。 据路透社报道,继伊朗对海湾地区的美军目标发动新一轮袭击后,油价连续第4个交易日上涨,亚洲9月9日早盘期间涨幅超过1美元。 截至格林尼治标准时间凌晨00:01,布伦特(Brent)原油期货价格上涨1.57美元(或1.6%),至每桶99.49美元;美国西德克萨斯中质原油(WTI)价格上涨1.60美元(或1.72%),至每桶94.63美元。 该报道指出,自8月初以来,随着伊朗战争结束的希望破灭,加之伊朗与美国持续相互攻击,布伦特原油价格已累计上涨了约25%。 据福克斯新闻报道,一位美国官员表示,伊朗今天向驻约旦美军持续发射了集束弹药。该官员表示,美军在过去一周内使10艘伊朗油轮丧失了行动能力,其中包括今天的5艘。 据路透社报道,与此同时,约旦防空系统也拦截了从伊朗发射的一波导弹。…

11 hours ago

伊朗战争推动全球油价上涨可能触及每桶120美元

9月8日纽约讯,美国跨国投行及金融服务公司高盛(Goldman Sachs)警告称,波斯湾和红海地区日益加剧的袭击活动可能推动全球油价突破每桶120美元,这将进一步加重美国人因伊朗相关冲突而面临的燃料成本飙升负担。 该投行的预测意味着目前交易价格接近每桶100美元的国际基准油价布伦特(Brent)原油成本将上涨约20%。随着伊朗战争的持续,美国油价近几周大幅攀升;虽然美军于9月5日摧毁了3艘伊朗油轮,但是伊朗支持的胡塞(Houthis)武装也袭击了美国盟友沙特境内的石油设施。 布伦特原油价格今天一度升至每桶99.46美元,随后回落至97.85美元。在过去两个月里,布伦特原油价格已从每桶约72美元攀升;中东地区冲突加剧,使得重新开放承载全球五分之一石油运输量战略水道的霍尔木兹海峡的希望变得更加渺茫。 政治风险咨询公司欧亚集团(Eurasia Group)的分析师在一份报告中指出:“推动油价上涨的主要因素依然是中东的地缘政治冲突,包括波斯湾地区的美伊冲突以及沙特阿拉伯与也门胡塞武装之间的对抗,以及俄乌战争。此外,全球炼油产能不足,叠加对成品油的持续需求,也进一步推高了油价。” 布朗大学(Brown University)的一项监测数据显示,从美国和以色列在2月28日发动伊朗战争至9月8日期间,美国消费者在燃料上的额外支出高达1000亿美元。其中汽油价格上涨导致了约550亿美元的额外支出,而广泛应用于货运、建筑、农业和铁路运输等领域的柴油则占了剩余的450亿美元。 美国汽车协会(AAA)的数据显示,在劳工节当天,美国柴油价格创下每加仑5.90美元的历史新高。这种价格上涨既直接增加了美国人家庭在加油时的开支,也通过推高食品杂货及其他零售商品的运输成本,间接给美国人家庭预算带来了压力。 目前美国通胀率依然居高不下,经济学家预测,将于9月11日发布的美国消费者价格指数(CPI)报告将显示,8月份通胀率同比上升3.3%,该水平将远高于美联储设定的2%年度目标。 提供美加即时燃油时讯的GasBuddy石油分析师帕特里克·德·哈恩(Patrick De Haan)在 9月7日的一篇社交媒体帖子中表示:“通常在这个时节,随着需求下降以及即将切换至冬季配方汽油,大多数美国人会看到油价回落;但近来我们却目睹了价格的频繁上涨,尤其是针​​对柴油(即驱动美国经济的燃料)而言,而且这种上涨趋势可能还会持续。” 此外,特朗普政府将于9月10日发布…

19 hours ago

特朗普提议将新墨西哥州更名为“新美国州”

9月8日华盛顿讯,在美国劳工节长周末期间,特朗普总统在社交媒体上发布了多张模因图(meme),似乎提议将美国新墨西哥州更名为“新美国州”(New America)。特朗普总统今天在新泽西州贝德明斯特(Bedminster)继续在社交媒体上发帖,其中至少有7条内容涉及关于将新墨西哥州更名为“新美国州”的提议,这引发了新墨西哥州州长的强烈反弹。 新墨西哥州州长米歇尔·卢汉·格里沙姆(Michelle Lujan Grisham)9月6日反驳特朗普总统的这些言论,并在社交媒体X上发文强调说,该州的名称“不容置疑”。 格里沙姆在帖子中说:“早在合众国成立之前,它就是我们的了,这有什么好争论的呢?关键在于谁在真正支持工薪家庭。当总统试图转移美国人的注意力,掩盖他在伊朗发动的灾难性战争时,汽油价格却在不断飙升。与此同时,美国人在购买生活必需品上的开销也在增加,许多人失去了医疗保障,甚至担心自己是否还能买得起房。” 格里沙姆还说:“在新墨西哥州民主党领导层的带领下,我们正为各家庭提供免费的托儿服务和大学教育,保障医疗服务获取渠道,并加大住房投入。当白宫把时间浪费在地图涂鸦上时,新墨西哥州正忙于务实工作。” 新墨西哥州的2名联邦参议员9月6日对特朗普总统的帖文作出了回应。 54岁的民主党籍新墨西哥州参议员马丁·海因里希(Martin Heinrich)在社交媒体X上发文说:“有三样东西,我永远会直呼其名……墨西哥湾(Gulf of Mexico)、安大略湖(Lake Ontario)和新墨西哥州(New Mexico)。” 54岁的民主党籍新墨西哥州参议员本·雷·卢汉(Ben…

24 hours ago

伊朗外交部抨击加拿大支持美国在霍尔木兹海峡的行动

9月7日德黑兰讯,伊朗今天抨击加拿大支持美国在霍尔木兹海峡的行动,称加拿大此举是“战略混乱和屈服于恐吓的表现”。 伊朗外交部发言人伊斯梅尔·巴盖伊(Esmaeil Baghaei)在社交平台X上发文称,加拿大选择“安抚”美国,而就在同一天,美国总统特朗普公然蔑视加拿大的主权与独立,将整个加拿大描绘成美国的一部分。 巴盖伊指的是美国总统特朗普今天发布的一则帖子,图中显示的美国领土范围涵盖了加拿大、格陵兰岛和冰岛。 特朗普总统在第二任期内多次发表言论,谈及计划将加拿大变为美国第51个州,以及吞并丹麦半自治领土格陵兰岛的事宜。 巴盖伊发表上述言论之前,加拿大谴责了伊朗在中东地区的“破坏稳定行为”,并表示将与伙伴合作,继续对伊朗施加重大压力,包括实施制裁,以及支持由美、法、英三国主导的旨在重新开放霍尔木兹海峡的行动。 巴盖伊说:“加拿大既支持美国的军事侵略以及华盛顿在我们地区采取的非法干涉行动,却又标榜自己是‘和平与安全’、‘航行自由’和‘国际法’的捍卫者,这在道义上是站不住脚的。” 巴盖伊表示:“这既不是‘外交’,也不是‘负责任的治国之道’。这……是一种甚至无法保护加拿大自身免受美国霸凌和侵略的选择。” 巴盖伊质疑道,在经历了所谓的“美国背信弃义”并深知“美国的签字不过是用铅笔写的(随时可擦除/作废)”之后,渥太华为何仍选择支持华盛顿。 加拿大与美国之间的贸易谈判上月破裂,加拿大总理马克·卡尼(Mark Carney)曾抱怨说,美国的要求太过分了。卡尼说:“他们索求太多,却给予太少。”这引发了针对价值约200亿美元加拿大商品的关税措施,而加拿大也实施了“等额”报复性关税,这些关税将于东部时间9月8日凌晨12:01生效。 伊朗也将矛头指向了韩国等其他美国盟友。巴盖伊今天在社交媒体X上用韩语发文,警告韩国不要卷入军事行动或支持美国的“侵略”行为。 据报道,韩国外交部上周末表示,正与有关国家保持“密切沟通,以协助尽快恢复中东地区的和平与稳定”。韩国上周表示正在评估各种方案,包括采取军事措施以支持霍尔木兹海峡的航行自由。 巴盖伊发文称:“任何在波斯湾和霍尔木兹海峡维持军事存在或参与[美国]行动的其他国家,都将被视为直接支持侵略行径的实施者,并将导致严重后果。” 今天晚些时候,美国科罗拉多州民主党人众议员,美国陆军退伍军人、同时也是美国众议院情报常设特别委员会和军事委员会成员杰森·克罗(Jason…

2 days ago

美加贸易战升级,加拿大针对进口美国商品关税正式生效

9月7日渥太华讯,加拿大政府宣布,针对价值200亿美元美国商品征收的高额报复性关税将于今天美东时间午夜过后9月8日正式生效,美加两国贸易战进一步升级。 此前,在美加贸易谈判破裂,且特朗普政府落实了对价值200亿美元加拿大商品征收50%关税的威胁后,加拿大政府于2周前宣布了这项关税计划。加拿大官员誓言要采取“对等”措施,即“逐一对应”地回击美国的关税行动。 加拿大的对美国产品征收的关税税率在15%至50%之间,其中对美国牛奶、香水、游戏机、高尔夫球杆、鱼竿、钢铁、铝材、夹克和T恤将面临50%的关税;奶酪、地毯以及炉灶和空调等部分家用电器将被征收25%的关税;叉车和工业模具则面临15%的关税。 最初,加拿大对部分美国海产品也被列入征收25%关税的清单,但在遭到龙虾行业的强烈反对后,加拿大将这些产品从清单中剔除。 经济学家指出,加拿大的关税措施可能会对美国密歇根州和印第安纳州等中西部州的制造商,以及威斯康星州和佛蒙特州的乳制品生产商造成沉重打击。 加拿大对美国征收的这些关税是为了回应美国对加拿大的牛奶、蜂蜜、冰球杆、含酒精饮料、胶合板、羽绒、珠宝,及其他商品加征关税的举措。 根据美国政府的数据,去年美加边境的商品贸易总额超过7000亿美元,而这些针锋相对的关税仅影响了其中极小一部分商品。然而,这标志着美加两国之间日益激烈的贸易争端出现了升级。 特朗普总统去年重返白宫任职后不久,便威胁要对加拿大和墨西哥的商品征收高额关税,理由是加墨两国在阻止毒品和移民进入美国方面采取的行动不力。加拿大随即采取了报复措施,包括对美国商品征收关税,以及在部分省份抵制美国酒类产品。 尽管美加双方随后启动了贸易谈判并取消了部分最严厉的措施,但紧张局势依然高涨。特朗普总统随后决定,不再将他在第一个任期内签署的《美墨加协定》(USMCA)的有效期延长至2036年以后。此外,美加两国还在北约问题,以及特朗普总统宣称要将加拿大变为美国第51个州的言论上产生了分歧。 今年夏天,特朗普政府威胁要对价值200亿美元的加拿大商品征收关税,指责加拿大歧视美国制造的商品,并针对特朗普总统2025年的贸易措施采取了过度的报复行动。 上个月,当美加谈判代表即将达成协议时,特朗普总统曾短暂推迟了这些关税的实施,但双方最终未能达成一致。美加双方互相指责对方在最后一刻提出额外要求,从而破坏了谈判。 退出谈判后,加拿大总理马克·卡尼(Mark Carney)声称,特朗普政府“索取太多,给予太少”,并试图控制加拿大与其他国家的贸易协定。卡尼认为,这种安排威胁到了加拿大的主权,并指称美国在过往协议上的承诺“是用铅笔写的”,其意指美国的承诺随时可能被抹去或更改。 与此同时,特朗普总统指责加拿大存在不公平贸易行为,并指出加拿大“既想享受作为美国一州所能带来的好处,却又不想真正成为美国的一州”。 特朗普总统上个月在社交媒体上写道:“我不想要加拿大的汽车,不想要加拿大的零部件,也不想要加拿大的任何东西,几十年来他们一直在占我们便宜,这种情况必须停止。”…

2 days ago

特朗普女婿库什纳将加沙问题进展停滞归因于以色列大选

9月7日华盛盛讯,身为特朗普总统女婿的贾里德·库什纳(Jared Kushner)将饱受战火蹂躏的加沙地带重建工作进展停滞,直接归因于以色列即将举行的大选。 以色列将于10月下旬举行大选,民调显示现任以色列总理本雅明·内塔尼亚胡(Benjamin Netanyahu)与其竞争对手之间的选情十分胶着。 正在乌克兰首都基辅就结束俄乌战争进行会谈的库什纳在9月6日出席一场会议时称:“我们正在处理以色列国内的一些政治问题。我认为我们在最终目标上与他们是一致的,他们正面临一场疯狂的选举,这使得他们在某些方面显得有些不理性。” 库什纳的这番言论,是特朗普政府高级官员针对以色列保守派领导人内塔尼亚胡的加沙政策,所作出的罕见且直率的批评。 美国一直致力于推动解除加沙激进组织哈马斯(Hamas)武装的计划,并为重建这一满目疮痍的巴勒斯坦飞地铺平投资道路;然而,由于以色列和哈马斯对拟议的路线图存在分歧,这些努力陷入了停滞。 近3年前,哈马斯对以色列发动了一次边境袭击,随后以色列对加沙大片地区实施了持续数年不断的大规模军事报复行动,致使数万平民伤亡。尽管以色列和哈马斯已就美国斡旋达成的停火协议达成一致,但一年过去了,许多巴勒斯坦人仍生活在帐篷营地中。 库什纳说:“加沙地带的运作停滞已久。那里基本上是由非政府组织和恐怖分子建立起来的,如今我们有了一项推进未来的计划。” 但库什纳并未详细说明以色列政府具体是如何阻碍加沙和平计划的。 一位知情的美国官员告诉哥伦比亚广播公司新闻部(CBS News),令华盛顿感到不满的问题之一是,以色列尚未提供在加沙组建新警察部队所需的保证。组建这支警察部队对于建立一个独立于哈马斯之外的安全架构至关重要,该架构将有助于由华盛顿支持的新技术官僚政府进入加沙地带。该官员还表示,以色列也未履行其承诺,即允许运入某些重建项目所需的物资。 负责推进美国和平计划的高级外交官尼古拉·姆拉德诺夫(Nickolay Mladenov)于8月下旬在联合国发言时指出,以色列在加沙地带持续进行的空袭阻碍了促使哈马斯武装人员放弃武器的努力。 姆拉德诺夫表示:“这只会推迟本应进行的非军事化进程,并阻碍旨在确保未来不再发生重新军事化的向文官治理过渡。”…

2 days ago