{"id":26960,"date":"2026-06-17T17:31:02","date_gmt":"2026-06-17T15:31:02","guid":{"rendered":"https:\/\/fibgar.es\/?p=26960"},"modified":"2026-06-17T17:31:09","modified_gmt":"2026-06-17T15:31:09","slug":"progress-toward-an-international-convention-on-crimes-against-humanity-states-submit-their-proposed-amendments","status":"publish","type":"post","link":"https:\/\/fibgar.es\/en\/progress-toward-an-international-convention-on-crimes-against-humanity-states-submit-their-proposed-amendments\/","title":{"rendered":"Progress Toward an International Convention on Crimes Against Humanity: States Submit Their Proposed Amendments"},"content":{"rendered":"\n
\n

The process of adopting an International Convention on the Prevention and Punishment of Crimes Against Humanity continues to move forward within the United Nations. In this regard, following years of debate in the International Law Commission and the General Assembly, the process has entered a new phase with the <\/a>publication of the proposed amendments submitted by States to the draft articles<\/a> that will serve as the basis for future treaty negotiations.<\/p>\n\n\n\n

The broad participation of countries from all regions of the world\u2014more than sixty States submitted comments and proposals before the deadline set for April 30, 2026\u2014reflects the growing recognition of the need for a specific international instrument for the prevention and punishment of crimes against humanity, one of the main gaps that persist in the international legal architecture.<\/p>\n\n\n\n

The publication of these proposals marks a particularly significant milestone in the process. In accordance with United Nations General Assembly Resolution 79\/122, the amendments submitted by States will be incorporated into a consolidated text that will serve as the basis for the work of the Preparatory Committee and, subsequently, for the negotiations at the Conference of Plenipotentiaries scheduled for 2028 and 2029.<\/p>\n\n\n\n

The importance of this phase lies in the fact that future negotiations will be based precisely on that consolidated text. The proposals currently on the table make it possible to identify the priorities of the various States and to anticipate some of the debates that will shape the negotiation of the future convention, ranging from the scope of State obligations to the very definition of certain acts constituting crimes against humanity.<\/p>\n\n\n\n

A process driven by decades of development in international law<\/strong><\/p>\n\n\n\n

The draft articles on the prevention and punishment of crimes against humanity were drafted by the International Law Commission after several years of work and were presented to the General Assembly in 2019. Since then, various States, international organizations, experts, and civil society organizations have participated in an intense process of discussion regarding the advisability and content of a future international convention.<\/p>\n\n\n\n

The objective of this future instrument is to strengthen international cooperation, promote the prevention of these crimes, reinforce state obligations regarding investigation and prosecution, and ensure greater protection for victims, while also consolidating prevention standards. Furthermore, the future convention could help consolidate mechanisms for judicial cooperation, extradition, and mutual legal assistance among states\u2014essential aspects for combating impunity for those responsible for crimes against humanity.<\/p>\n\n\n\n

The active participation of civil society has also played a prominent role during this process. Numerous organizations, academic networks, and expert groups have made recommendations on issues such as victim protection, the incorporation of a gender perspective, children\u2019s rights, and the strengthening of international cooperation mechanisms. Many of these proposals are now reflected in some of the amendments submitted by States.<\/p>\n\n\n\n

The proposals submitted by Spain<\/strong><\/p>\n\n\n\n

Among the contributions submitted to the United Nations, the <\/a>proposal submitted by Spain<\/a> stands out, incorporating various modifications aimed at strengthening victim protection and updating the draft articles in light of recent developments in international law.<\/p>\n\n\n\n

One of the most significant changes involves the expansion of the forms of sexual and reproductive violence <\/strong>included in the definition of crimes against humanity. Spain proposes to expressly include forced marriage<\/strong> alongside other acts already covered, such as sexual slavery, forced prostitution, forced pregnancy, or forced sterilization. It also introduces a specific definition of forced marriage within the text of the treaty.<\/p>\n\n\n\n

Another notable proposal is the inclusion of the crime of gender-based apartheid<\/strong> as a distinct category within crimes against humanity.<\/p>\n\n\n\n

The Spanish proposal calls for the explicit recognition of those institutionalized regimes of systematic oppression and domination based on gender, an issue that has gained increasing relevance in contemporary debates on international justice and human rights, particularly in relation to the situation experienced by millions of Afghan women under the Taliban regime since 2021.<\/p>\n\n\n\n

Furthermore, beyond the inclusion of these specific categories, the Spanish proposal reflects a consistent concern for integrating a gender perspective into various areas of the future Convention<\/strong>. This approach is based on the recognition that the experiences, risks, and consequences of crimes against humanity can vary by gender, and therefore legal and institutional responses must be capable of identifying and addressing these distinct violations. Overall, the proposed amendments submitted by the Spanish government aim to ensure that the future instrument responds more adequately to the specific ways in which women, girls, and other individuals may be affected by crimes against humanity, in line with recent developments in international human rights law and international justice.<\/p>\n\n\n\n

Spain also proposes expanding the grounds for persecution set forth in the draft articles to expressly include age, thereby strengthening protection against discriminatory practices targeting specific age groups.<\/p>\n\n\n\n

Regarding victims\u2019 rights, the proposal places special emphasis on guarantees of participation, protection, and reparation. The text expressly recognizes the right of victims to obtain reparation for material and moral damages, both individually and collectively, including measures of restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition.<\/p>\n\n\n\n

Likewise, Spain proposes strengthening mechanisms for international cooperation and consolidating the principle of aut dedere aut iudicare<\/em>, according to which a State must extradite or prosecute those suspected of international crimes when they are within its jurisdiction.<\/p>\n\n\n\n

Finally, the Spanish proposal eliminates the possibility for States to exclude the jurisdiction of the International Court of Justice in resolving disputes related to the interpretation or application of the future convention. This amendment seeks to strengthen oversight mechanisms and ensure a more uniform application of the treaty once it enters into force.<\/p>\n\n\n\n

A Decisive Moment for International Justice<\/strong><\/p>\n\n\n\n

The publication of the state proposals constitutes an important step toward the eventual adoption of a convention long awaited by the international community. Beyond the existing differences between various national approaches, the high level of participation demonstrates that there is growing interest in moving toward an instrument that will strengthen the prevention and punishment of crimes against humanity.<\/p>\n\n\n\n

Over the coming years, the Preparatory Committee and subsequently the Conference of Plenipotentiaries will need to address complex issues related to the definition of crimes, jurisdiction, international cooperation, victim protection, and dispute resolution mechanisms. The outcome of these negotiations will be decisive for the future of the international accountability system.<\/p>\n\n\n\n

The future convention has the potential to strengthen the existing international legal framework, complement other instruments of international justice, and help close one of the most significant regulatory gaps in the fight against impunity for the most serious crimes affecting the international community as a whole.<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"

The process of adopting an International Convention on the Prevention and Punishment of Crimes Against Humanity continues to move forward within the United Nations. 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