Towards an International Convention on the Prevention and Punishment of Crimes against Humanity
Unlike other international crimes, such as genocide or war crimes, crimes against humanity still do not have a universal and legally binding instrument exclusively dedicated to their regulation that establishes clear obligations for their prevention and punishment. This normative gap highlights the urgent need to advance toward an international convention that strengthens cooperation among States, ensures accountability, and consolidates a common framework to prevent impunity for these crimes.
In this context, in 2019, the International Law Commission (ILC) of the United Nations (UN)—entrusted with promoting the progressive development and codification of international law—adopted the Draft Articles on the Prevention and Punishment of Crimes against Humanity and submitted them to the UN General Assembly for consideration. Three years later, in December 2022, the General Assembly established a biennial process during which States exchanged views on all aspects of the draft and examined the ILC’s recommendations regarding the elaboration of a convention based on it.
On 4 December 2024, the General Assembly adopted Resolution 79/122, which set out the process leading to the negotiation and conclusion of a future Convention on the Prevention and Punishment of Crimes against Humanity. Subsequently, negotiations began, including the establishment of a Working Group in 2025 tasked with preparing amendments to the draft articles.
Within this framework, the Assembly decided to convene a Preparatory Committee (PrepCom) for the UN Diplomatic Conference on the Prevention and Punishment of Crimes against Humanity. The Committee was mandated to discuss the draft articles prepared by the ILC, with a view to holding a United Nations Conference of Plenipotentiaries on the Prevention and Punishment of Crimes against Humanity, scheduled for 2028–2029. The Assembly also convened a Working Group—governed by the rules of procedure of the General Assembly—to meet during the first session of the Preparatory Committee in order to facilitate substantive consultations on the draft articles and to allow governments to submit official amendment proposals for consideration by the Conference of Plenipotentiaries. These proposals will be incorporated into a compiled text prepared by the Committee. States were further encouraged to include experts in relevant fields within their delegations. The Preparatory Committee is also mandated to consider the organization and working methods of the Conference, including its rules of procedure.
In this context, the Preparatory Committee held its first session from 19 to 30 January 2026 at UN Headquarters in New York and will continue with a second session from 12 to 15 April 2027. All UN Member States participated in the first session, as well as observer members of specialized agencies with standing invitations to participate in the sessions and work of the General Assembly, and non-governmental organizations recognized as consultative entities by the Economic and Social Council (ECOSOC), in accordance with Council resolution 1996/31 of 25 July 1996. This session marked a substantive step forward in the negotiation process toward the adoption of the convention.
During the Preparatory Committee, the debate focused on defining the scope and normative structure of the future Convention, including the definitions of the crimes covered, States’ obligations regarding prevention and punishment, mechanisms of international cooperation, and procedural provisions that will guide the next stages of negotiation. The exchanges reflected strong interest among States and regional groups in advancing toward a treaty capable of addressing existing legal gaps. However, certain issues still require broader consensus.
Interventions by civil society organizations and experts emphasized the need for the future Convention to reflect recent developments in international law and to unequivocally place victims at the center of the debate. In this regard, the importance of incorporating a broad definition of “victim”—covering all persons who have suffered direct or indirect harm—was highlighted, as well as explicitly guaranteeing their rights to information, participation, protection, and full and effective reparation. Proposals also included clear provisions on the right to comprehensive reparation and the potential responsibility of legal persons, particularly when corporate entities have facilitated, contributed to, or benefited from the commission of crimes against humanity.
A central focus of the debates was the integration of a gender perspective throughout the Convention, as well as the recognition of certain conduct reaching the threshold of crimes against humanity as autonomous crimes. In particular, there were calls for the explicit criminalization of gender apartheid, forced marriage, and serious violations of reproductive autonomy, with the aim of overcoming historical invisibility and strengthening protection for women and girls. During the session, both States and representatives of the Office of the UN High Commissioner for Human Rights, UN Women, and various UN experts, as well as non-governmental organizations, expressed openness to the inclusion of gender apartheid as an autonomous crime in the future Convention. This demonstrates that the negotiation process represents a significant opportunity to consolidate an inclusive instrument, consistent with the evolution of international law and aimed at ensuring effective protection against the most serious forms of systematic violence and oppression.
During the first session of the Preparatory Committee, it was also agreed to invite representatives of relevant non-governmental organizations that do not hold consultative status with ECOSOC, as well as civil society organizations, academic institutions, and private sector actors, to apply to participate in the future Conference. These applications will be evaluated according to criteria of transparency, equitable geographical representation, and gender parity. In this framework, the President of the General Assembly was requested to compile and circulate a list of applications to Member States and members of specialized agencies for consideration, so that the Assembly may adopt a final decision on participation in the Conference. This decision represents a key step toward inclusive participation that strengthens the legitimacy, transparency, and effectiveness of the process, recognizing the essential role of civil society in building a strong normative instrument.
In this context, States now have until 30 April 2026 to submit proposed amendments to the draft articles to the UN Secretary-General for inclusion in the compiled text that will serve as the basis for negotiations at the Conference of Plenipotentiaries. These proposals will be consolidated into a single text to guide discussions and deliberations during the Conference, ensuring that negotiations proceed on a common and transparent foundation.
The Conference of Plenipotentiaries is scheduled to begin in early 2028 and continue throughout 2029. It is expected to be conducted in an open and inclusive manner, promoting the broadest and most effective participation possible.
Federica Carnevale, Project Manager of FIBGAR.
