Rights group report advocates for crimes against humanity treaty – Jurist.org

Report on the Proposed Treaty for Crimes Against Humanity and its Alignment with Sustainable Development Goals

Introduction: Advancing SDG 16 through International Law

A report released by Human Rights Watch (HRW) and Columbia Law School’s Prevention of Crimes Against Humanity Project advocates for the adoption of a new international treaty on crimes against humanity. This initiative directly supports the achievement of Sustainable Development Goal 16 (Peace, Justice and Strong Institutions) by seeking to strengthen the rule of law and ensure accountability for the most serious international crimes.

Core Objectives and Contribution to Global Justice

The proposed treaty aims to create a dedicated international legal framework for the prevention and punishment of crimes against humanity. Its primary objectives are to establish uniform treatment of such crimes across jurisdictions and to encourage member states to adopt robust national laws. This aligns with SDG Target 16.3, which calls for promoting the rule of law at the national and international levels and ensuring equal access to justice for all. The treaty would build upon the 2019 International Law Commission (ILC) draft articles, with formal negotiations discussed in October and a UN decision to commence formal work made in December 2024. The treaty could be adopted by 2029.

Promoting Inclusivity and Reducing Inequalities: A Focus on SDG 5 and SDG 10

A significant emphasis of the proposed amendments is the protection of historically marginalized groups, a key principle of SDG 10 (Reduced Inequalities). The recommendations seek to ensure the treaty addresses the specific vulnerabilities of:

• Indigenous communities
• Women and children
• People with disabilities
• LGBTQ people
• Survivors of crimes against humanity

Furthermore, the report highlights the need to refine legal definitions to better address gender-based violence, directly contributing to SDG 5 (Gender Equality). For example, experts recommend more explicit language to cover the crime of forced marriage, which is currently prosecuted under a general category in the Rome Statute. This recognizes the unique character of the crime as a violation of the right to consensually choose a spouse, reinforcing efforts to eliminate all forms of violence against women and girls.

Ensuring Inclusive Processes in Line with SDG 16 and SDG 17

To ensure responsive, inclusive, and participatory decision-making (SDG Target 16.7), the report argues for greater accessibility during treaty negotiations. This multi-stakeholder approach, central to SDG 17 (Partnerships for the Goals), recommends measures such as webcast proceedings and simultaneous translations to allow for meaningful participation from diverse groups, including:

• Victims’ and survivors’ groups
• Women’s rights defenders
• Indigenous communities
• Academics and people with disabilities
• Children and young people

Legal Framework and Definition of Crimes

Crimes against humanity are defined as serious offenses committed as part of a widespread or systematic attack directed against any civilian population. While the prohibition of these crimes is an established peremptory norm of international law and is codified in the Rome Statute, the new treaty would provide a focused instrument for justice and accountability. The crimes covered include:

• Murder and extermination
• Enslavement
• Torture
• Rape and forced pregnancy
• Persecution
• Enforced disappearance
• The crime of apartheid

Conclusion: A Pathway to Stronger Institutions and Sustainable Peace

The proposed Convention on the Prevention and Punishment of Crimes Against Humanity represents a critical opportunity to strengthen the international justice system. By creating a robust legal framework for accountability, the treaty is a vital tool for advancing SDG 16. Its specific focus on protecting marginalized communities and ensuring inclusive processes further supports the objectives of SDG 5 and SDG 10, contributing to a more just, peaceful, and equitable world.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

1. SDG 16: Peace, Justice and Strong Institutions
   • The article’s central theme is the promotion of a new international treaty to ensure the effective prosecution of crimes against humanity. This directly relates to building effective, accountable, and inclusive institutions at all levels and promoting the rule of law. The goal is to create a stronger legal framework to deliver justice for victims of serious crimes like murder, torture, and enslavement.
2. SDG 5: Gender Equality
   • The article explicitly mentions the need to refine treaty definitions to recognize “the unique harms faced by women.” It highlights crimes that disproportionately affect women, such as rape, forced pregnancy, and forced marriage, and advocates for stronger legal language to prosecute them, thereby aiming to eliminate violence against women.
3. SDG 10: Reduced Inequalities
   • The report advocates for amendments to protect “historically marginalized groups, such as Indigenous communities, women, children, people with disabilities, LGBTQ people.” By ensuring the treaty addresses the specific vulnerabilities of these groups and by calling for their inclusive participation in negotiations, the initiative aims to reduce inequalities and promote the social and political inclusion of all.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Targets under SDG 16 (Peace, Justice and Strong Institutions)
   • Target 16.1: Significantly reduce all forms of violence and related death rates everywhere. The treaty aims to prevent and punish crimes against humanity, which include “murder, extermination, enslavement, torture,” directly addressing this target.
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The article states the treaty would “anchor justice for crimes against humanity more solidly in international law, spurring states to adopt national laws and bolstering the efforts of domestic courts.”
   • Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels. The report argues for “greater accessibility in amendment discussions,” recommending “webcast proceedings with simultaneous translations” to allow groups like “victims’ and survivors’ groups, women’s rights defenders, Indigenous communities…people with disabilities” to participate.
2. Targets under SDG 5 (Gender Equality)
   • Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres. The treaty seeks to prosecute crimes such as “rape, forced pregnancy,” which are extreme forms of violence against women.
   • Target 5.3: Eliminate all harmful practices, such as child, early and forced marriage. The article specifically points out the need for “more express language to cover the crime of forced marriage,” which is currently prosecuted under a general category.
3. Targets under SDG 10 (Reduced Inequalities)
   • Target 10.2: By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status. The proposed amendments are designed to protect and advance redress for marginalized groups, including “Indigenous communities…people with disabilities, LGBTQ people.”
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices. The creation of a uniform international treaty is a legislative action aimed at ensuring that all victims of crimes against humanity have an equal opportunity for justice, regardless of their background.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

The article focuses on the development of a treaty, so the indicators are primarily related to the process and adoption of this legal framework rather than its long-term impact. The following indicators are implied:

1. Adoption of the Convention on the Prevention and Punishment of Crimes Against Humanity: The article states that “a new treaty may be adopted as soon as 2029.” The formal adoption of this treaty would be a key indicator of progress toward Target 16.3.
2. Inclusion of specific legal definitions in the treaty text: Progress towards Target 5.3 can be measured by whether the final treaty includes “more express language to cover the crime of forced marriage,” as advocated for in the report.
3. Implementation of inclusive participation mechanisms: An indicator for Target 16.7 would be the use of “webcast proceedings with simultaneous translations” during the negotiation process to enable the participation of diverse groups.
4. Adoption of national laws by member states: An indicator for Target 16.3 would be the number of states that adopt new or strengthen existing national laws to prosecute crimes against humanity, as the article suggests the treaty would “spur” states to do.

4. Table of SDGs, Targets, and Indicators

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