The resolution was approved by consensus by the assembly’s legal committee, which includes all 193 U.N. member states, after prolonged negotiations between its supporters and Russia, which sought to introduce amendments.
There was loud applause when the chairman of the committee gaveled the resolution’s approval. It is virtually certain to be adopted when the General Assembly puts it to a final vote on Dec. 4.
“Today’s agreement to start up negotiations on a much-needed international treaty is an historic achievement that was a long time coming,” Richard Dicker, Human Rights Watch’s senior legal adviser for advocacy, told The Associated Press.
“It sends a crucial message that impunity for the kinds of crimes inflicted on civilians in Ethiopia, Sudan, Ukraine, southern Israel, Gaza and Myanmar will not go unheeded,” he said.
The resolution calls for a time-bound process with preparatory sessions in 2026 and 2027, and three-week negotiating sessions in 2028 and 2029 to finalize a treaty on crimes against humanity.
Dicker said Russia’s proposed amendments left in question whether treaty negotiations would have been completed.
Russia’s deputy U.N. ambassador Maria Zabolotskaya said Russia withdrew the amendments “in a spirit of compromise." But she said Russia “dissociates itself from consensus.”
“This, of course, does not mean that we are not ready to work on this crucial convention,” Zabolotskaya told the committee.
The International Criminal Court was established to punish major perpetrators of war crimes, crimes against humanity and genocide and it has 124 countries that are parties to it. The ICC says crimes against humanity are committed as part of a large-scale attack on civilians and it lists 15 forms including murder, rape, imprisonment, enforced disappearances, sexual slavery, torture and deportation.
But the ICC does not have jurisdiction over nearly 70 other countries.
There are global treaties that cover war crimes, genocide and torture — but there has been no specific treaty addressing crimes against humanity. And according to sponsors of the resolution, led by Mexico and Gambia and backed by 96 other countries, a new treaty will fill the gap.
Kelly Adams, legal advisor at the Global Justice Center, also called the resolution “a historic breakthrough” after many delays.
Pointing to “the proliferation of crimes against humanity around the world,” she expressed hope that a treaty will be “strong, progressive and survivor-centric.”
Amnesty International’s Secretary General Agnes Callamard expressed disappointment that the timeline had been extended until 2029, but said, “What’s important is that this process will deliver a viable convention.”
“It is long overdue and all the more welcome at a time when too many states are intent on wrecking international law and universal standards,” she said. “It is a clear sign that states are ready to reinforce the international justice framework and clamp down on safe havens from investigation and prosecution for perpetrators of these heinous crimes.”
After the resolution’s adoption, Gambia’s Counselor Amadou Jaiteh, who had introduced it hours earlier, called its approval “a once-in-a-lifetime opportunity to make a difference,” to hope for a world without crimes against humanity, “and a world where voices of victims are heard louder than their perpetrators.”
The approval comes just days after the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defence minister Yoav Gallant, and Hamas officials, accusing them of war crimes and crimes against humanity over the Gaza war.
The accusations against Netanyahu and Gallant include the blockade of humanitarian aid and repeated attacks on Palestinian civilians in Israel's war on Gaza.
This combination of pictures shows Israel's Defence Minister Yoav Gallant (L) and Prime Minister Benjamin Netanyahu. AFP
The court says its members are obliged to arrest suspects who enter their territories, though it has no means of enforcing this in practice. As such, the warrants for Netanyahu and Gallant – the first to target sitting leaders from a major Western ally – have raised questions about their enforcement, given the court's traditional focus on leaders from the Global South.
All 124 states parties to the ICC are now legally bound to arrest Netanyahu and Gallant if they enter their territory. ICC prosecutor Karim Khan urged all members to comply with the arrest warrants.
Although, the White House said the U.S. rejected the ICC decision, several European countries have expressed respect for the court's rulings. Italy and the Netherlands have said they would arrest Netanyahu and Gallant if they entered their territory, while other EU countries have pledged to uphold the ICC's rules without specifying further.
EU foreign policy chief Josep Borrell said Thursday that the ICC decision is "binding" and must be implemented by all 27 EU member states, all of which are parties to the ICC.
*This story was edited by Ahram Online.
Short link: