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UN Opens Negotiations on Crimes Against Humanity Treaty on Jan. 19 in New York

The first meeting will test whether states pursue a robust convention over a minimal compromise.

Overview

  • Member states begin an intergovernmental process using the International Law Commission’s 2019 draft as the basis for a new convention to prevent and punish crimes against humanity.
  • The draft would close legal gaps by requiring domestic criminalization, prevention measures, jurisdiction to investigate and prosecute, aut dedere aut judicare, extradition procedures, and mutual legal assistance.
  • Early debates will center on whether to broaden the Article 7–aligned definition, how to address personal and functional immunities, the ICJ dispute-settlement clause with its opt-out, and whether decisions proceed by consensus or vote.
  • The Preparatory Committee will consider civil society access for non‑ECOSOC groups, with a compiled text of state-proposed amendments due by April 30, 2026, a second PrepCom in 2027, and two negotiating conferences planned for 2028 and 2029.
  • A cross‑regional coalition of roughly 100 states led by Mexico and The Gambia backs completing the treaty, a smaller group including China and Russia resists moving forward, and the United States has yet to set a clear position.