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The United Nations (U.N.) General Assembly committee adopted a resolution to start negotiations on the first-ever treaty on preventing and punishing crimes against humanity.
The resolution was unanimously approved by the UNGA legal committee, which consists of all 193 United Nations members. It is expected to be approved by the General Assembly on December 4, 2024.
The resolution calls for a time-bound process, including:
The resolution was led by Mexico and Gambia.
The main objective is to protect those who are not directly involved in hostilities, such as civilians, medical personnel, and prisoners of war (POW). It establishes rules to limit warfare methods and reduce suffering.
The key instruments include the Geneva Conventions, Hague Regulations, and the International Criminal Court (ICC) which focus on humane treatment during conflicts and accountability.
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Hague Conventions (1899) |
It governs the laws of war and war crimes, with a focus on hostilities, prisoner-of-war treatment, and civilian and cultural property protection. The 1899 convention was revised in 1907 during the Second International Peace Conference. The two versions of the convention and regulations are highly similar. The Hague Conventions of 1899 and 1907, and the Geneva Conventions, were among the first formal statements in international law regarding the laws of war and war crimes. |
Geneva Conventions 1949 |
It establishes humanitarian protections during armed conflicts for wounded soldiers, prisoners of war, and civilians. It prioritizes humane treatment and civilians' rights. It has been ratified by 196 countries and serves as the foundation of international humanitarian law (IHL) and ensures accountability and limiting the horrors of war. The Additional Protocols (1977) expanded the protections to include civil wars and non-international conflicts, strengthening humanitarian principles and ensuring greater protection for civilians and soldiers. |
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International Criminal Court (ICC) |
It is an intergovernmental organization and international tribunal based in The Hague, Netherlands. It was established in 2002. It is the first and only permanent international court with the authority to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. It is distinct from the International Court of Justice, an agency of the UN that hears disputes between states. Some governments have refused to recognize the court's claim of jurisdiction, while other civil groups have accused it of bias, Eurocentrism, and racism. Others have questioned the court's effectiveness at upholding international law. |
While existing treaties address war crimes, genocide, and torture, no comprehensive international treaty specifically addresses crimes against humanity, which leaves a legal void that allows many atrocities to go unpunished.
The International Criminal Court (ICC) lacks jurisdiction in more than 70 countries, including major powers like the United States, China, and India, which limit its effectiveness in prosecuting crimes against humanity. A dedicated treaty would provide a universal mechanism for prosecution and accountability.
A dedicated treaty would establish an internationally binding agreement to combat criminality for state-sponsored atrocities and other large-scale human rights violations in countries such as Ethiopia, Myanmar, Gaza, Ukraine, and Sudan.
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PRACTICE QUESTION Q.Critically analyze the significance of the International Criminal Court (ICC) in addressing crimes against humanity. (150 words) |
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