Mr. Chair, Excellencies,
The International Committee of the Red Cross (ICRC) welcomes and supports efforts toward the adoption of a legally binding instrument on the prevention and punishment of crimes against humanity.
The ICRC believes that a dedicated treaty will bolster efforts towards preventing violations of international humanitarian law (IHL) and international human rights law, complement existing humanitarian protections during armed conflicts and other situations of violence, and help reinforce accountability for violations.
The ICRC would like to make three specific points with regards to the draft articles.
First, the ICRC fully supports draft article 3 which affirms that crimes against humanity are crimes under international law, whether or not committed in time of armed conflict, and that no exceptional circumstances, including armed conflict, may ever justify them.
Second, the ICRC’s current assessment is that the definition of crimes against humanity contained in draft article 2 – and informed by the Special Rapporteur’s accompanying report – is consistent with IHL.
The acts enumerated in that Draft Article would in all circumstances be unlawful under international humanitarian law, both in international and non-international armed conflicts. Accordingly, when the future instrument applies in armed conflict, it would do so in complementarity with IHL.
Third and final, the ICRC has doubts about the inclusion of a provision designating IHL as lex specialis in situations of armed conflict. Such a clause could introduce uncertainty by implying that IHL might modify or displace the substantive prohibitions of the future convention and, in doing so, suggest that IHL could render permissible the very acts that the draft articles seek to prevent, acts that are already prohibited under IHL itself.
The ICRC questions the added value of such a clause and, on the contrary, is concerned that it would be potentially detrimental to the object and purpose of the future treaty.
Mr. Chair,
The ICRC therefore encourages States to proceed toward the adoption of a legally binding instrument on crimes against humanity, one that reinforces both international humanitarian and human rights law and strengthens accountability for these crimes.
Thank you.
