Introduction and context
Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. After years of discussions and debates, an agreement has been reached to begin drafting a treaty to prevent and punish them, marking a significant step towards filling a major gap, and building upon the Rome Statute of the International Criminal Court (ICC) and its definition of crimes against humanity, expanding on its framework (Dicker, 2025).
As enshrined in the Rome Statute:
(…) “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
The adoption of the resolution was long discussed and uncertain for years, starting with the proposal by Professor M. Cherif Bassiouni, which sparked initial efforts to create such a treaty.
The idea: roots and branches
Professor Bassiouni was one of the main proponents of a specialized convention on Crimes Against Humanity (CAH), believing that the need for such a convention had existed since the end of World War I and became especially urgent after World War II. The data on CAH victims since the wars, coupled with the limited instances of national legislation and prosecutions, clearly highlighted the necessity for a specialized convention (Sadat, 2010). The ICC demonstrated a certain lack of institutional capacity and resources to prosecute perpetrators involved in several conflicts and regimes worldwide. Additionally, relying on the principle of complementarity under Article 17 of the ICC Statute is problematic, as many member states have yet to incorporate ICC crimes into their national legislation, and national criminal justice systems are ill-equipped to handle such cases.
With almost a prophetic gaze regarding the fate of International Law, Professor Bassiouni saw that the future of International Criminal Justice depended not just on the ICC (Bassiouni, 2010), but on states taking responsibility to investigate and prosecute CAH domestically. However, this obligation, though recognized by leading legal experts as part of customary International Law, was not reflected in states’ practices, and this gap could only be filled through international obligations established by a convention (Bassiouni, 1996). His insight made it clear that the time for such a convention had long arrived.
The CAH Initiative and the draft convention
In 2008, a Crimes Against Humanity Initiative was launched to study the need for a comprehensive convention on the prevention and punishment of CAH, analyze the necessary elements of such a convention, and draft a treaty. The initiative, which Professor Leila Sadat chairs, has progressed in the following phases:
- Phase I (2008):
Project preparation and methodological development;
- Phase II and III (2009-2013):
Private study by leading experts and collaboratively discussing draft treaty language at expert meetings, followed by public discussion and adoption of the Proposed International Convention on the Prevention and Punishment of Crimes Against; Promoting the Proposed Convention’s strengths and innovations and advocating for a new treaty with members of the UN International Law Commission, academics, government officials, civil society representatives, and other international stakeholders;
- Phase IV (2014-2019):
Hosting regional consultations and conferences around the world to engage a wide variety of international stakeholders; Supporting the work of the UN International Law Commission (ILC) regarding the preparation of Draft Articles for a new United Nations treaty;
- Phase V (2019-Present):
Following the second and final reading of the ILC Draft Articles for a new treaty, the Adoption of the Treaty by the international community.
The Draft Convention embodies a comprehensive framework for preventing, prosecuting, and punishing Crimes Against Humanity, complementing existing frameworks like the Rome Statute and the Genocide Convention. Relying on the same definition of the Rome Statute, it establishes binding obligations for states to take action to prevent, investigate, and prosecute CAH. States would be required to ensure that these crimes are prosecuted under their national laws and that perpetrators are held accountable, whether they are state or non-state actors.
The universal jurisdiction is supported by mechanisms for international cooperation, such as extradition, evidence sharing, and mutual legal assistance, ensuring that states work together to investigate and prosecute these crimes. The treaty introduces specific obligations for states, including the duty to prevent, investigate, prosecute, and cooperate in cases of CAH. A Treaty Monitoring Body would be established to oversee compliance, ensuring enforcement and extending accountability beyond individual prosecutions to include state actions and responsibilities.
In line with the complementarity principle, the draft reinforces that national jurisdictions should take the lead in prosecuting CAH, with international bodies stepping in only when states are unable or unwilling to do so.
Covering the uncovered
Recent years’ events and current situations of conflicts, mass atrocities, impunity, lack of accountability, and a general disregard of International Law have shed light on the significant gaps in the existing international legal framework, particularly the limitations of the ICC and its jurisdiction. This creates a massive accountability gap for states, as no international treaty currently compels them to prevent or cooperate on CAH.
Beyond that, the CAH Convention offers a chance to address issues overlooked so far, such as a new perspective on gender justice. It provides an opportunity to correct past oversights, such as forced marriage, which, though recognized as a crime by international bodies like the ICC, the Extraordinary Chambers of the Court of Cambodia, and the Special Court for Sierra Leone, lacks explicit codification in existing frameworks. The treaty also builds on shortcomings such as a certain limited sensitivity to the social construction of gender and structural biases, leading to gender violence being under-addressed (Sadat and Pillai, 2024).
Additionally, the draft convention aligns with the growing momentum for environmental justice, drawing inspiration from the ecocide movement to potentially include environmental crimes under the CAH framework (Sadat and Pillai, 2024). This inclusion would create a more comprehensive approach to International Criminal Law, reflecting contemporary concerns about the intersection of environmental damage and human rights violations.
The Treaty of Our Generation
Building on the legacy of the Rome Statute and the ICC, the Draft CAH Convention has the potential to be the treaty of our generation because it responds to the evolving challenges of the International Legal System in a rapidly changing world, where human rights and international justice are at stake.
This treaty represents a vital tool for restoring and reinforcing the rule of law. It responds to the increasing demand for accountability in a world where gross human rights violations, war crimes, and environmental destruction continue to put our very existence at risk. The convention could provide a much-needed legal framework to hold perpetrators accountable in ways the existing systems cannot fully achieve.
This is a pivotal moment for the future of International Justice, for the protection of the values that have guided us as an international community to this point, and for the creation of new avenues where atrocities and crimes can find justice and appropriate punishment. The time has come, perhaps even later than it should have, to establish a new, shared system of values that reflects who we have been as humanity, and more importantly, the kind of humanity we envision for the future and the world we wish to build.
Bibliography
Articles
Bassiouni, C. M. (1996). International Crimes: Jus Cogens and Obligatio Erga Omnes, 59 L. & CONTEMP. PROBS., at 63, 69–70
Bassiouni C. M. (2010). Crimes Against Humanity: The Case for a Specialized Convention, 9 WASH. U. GLOBAL STUD. L. REV. 575
Bassiouni, C. M. (2010). Perspectives on International Criminal Justice, 50 VA. J. INT‘L L. 269
Dicker, R. (2025). Moving Ahead to a Crimes against Humanity Treaty, from https://www.hrw.org/news/2025/01/09/moving-ahead-crimes-against-humanity-treaty
Sadat L. (2010). Forging a Convention for Crimes Against Humanity, Cambridge
Outlets
Asymmetrical Harcuts (2024). The Road to a New Crimes against Humanity Treaty with Leila Sadat and Priya Pillai. Spotify. https://open.spotify.com/episode/1fgENTDt3bHQwUgoR9EoON?si=3dae5c1c3540492e
Crimes Against Humanity Initiative (2025). Initiative Fact Sheet. https://sites.wustl.edu/crimesagainsthumanity/about/fact-sheet-about-the-crimes-against-humanity-initiative/
Documents
International Law Commission (2019). Draft articles on Prevention and Punishment of Crimes Against Humanity
Rome Statute of the International Criminal Court (1998)
