EU Statement – UN General Assembly 6th Committee: Crimes against Humanity

11 October 2023, New York - Statement on behalf of the European Union and its Member States by Ms. Simona Popan, Counsellor, Delegation of the European Union to the United Nations, at the 78th Session of the United Nations General Assembly Sixth Committee Session on Agenda item 80: "Crimes against humanity"

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Mr./Madam Chair,

 

I have the honour to speak on behalf of the European Union and its Member States.

 

The Candidate Countries Türkiye, Montenegro*, Serbia*, Albania*, Ukraine, the Republic of Moldova and Bosnia and Herzegovina*, the potential candidate country Georgia, as well as Andorra, Monaco and San Marino align themselves with this statement.

 

Mr./Madam Chair,

 

Crimes against humanity are among the most serious crimes of concern to the international community as a whole.

 

Crimes against humanity were recognized by the international community in the Charters of the Nuremberg and Tokyo Tribunals over 75 years ago. They were subsequently also recognized in the Statutes of international or internationalized tribunals such as the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia, and the Extraordinary African Chambers within the courts of Senegal.

 

Yet, unlike the crime of genocide and war crimes, which are regulated in distinct conventions, crimes against humanity do not have a dedicated treaty, despite them being one of the atrocity crimes. Without an instrument dedicated to crimes against humanity there is a gap in the international treaty framework, which is no longer defendable and  – as many of us have said – must be filled.

 

Mr./Madam Chair,

 

We thank all delegations for constructively engaging in substantive discussion on the draft articles of the International Law Commission at the resumed session of the Sixth Committee last April. It is clear from the detailed and wide-ranging legal discussions that took place that the overwhelming majority  no longer questions the usefulness of a convention.

 

 

Our discussions showed a convergence of views on a broad number of legal issues related to the ILC draft articles on crimes against humanity. On some issues, there was more divergence. It is important to continue discussing and understanding our substantive differences with a view to finding a suitable path to move forward on the draft articles. In this regard, we look forward to resuming the debate in April next year.

 

Mr./Madam Chair,

 

In the last resumed session, one of our dear colleagues reminded us of an African Proverb that says: “If you want to go fast, go alone; if you want to go far go together”. It is our hope that we can continue to work together on this important topic with a view to progressing towards a global convention.

 

I thank you.

* Montenegro, Serbia, Albania and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.