UN: Momentum Builds for Crimes Against Humanity Treaty – Human Rights Watch

Report on the Development of an International Convention on Crimes Against Humanity and its Alignment with Sustainable Development Goals

Introduction: Advancing SDG 16 through International Law

A new briefing paper by Human Rights Watch and Columbia Law School outlines recommendations for the development of an International Convention to Prevent and Punish Crimes Against Humanity. This initiative is a critical step towards achieving Sustainable Development Goal 16: Peace, Justice and Strong Institutions. By establishing a dedicated international treaty, the global community can strengthen the rule of law (Target 16.3), significantly reduce all forms of violence (Target 16.1), and build effective, accountable, and inclusive institutions at all levels (Target 16.6).

Core Objectives and Contribution to SDG 16

The proposed treaty aims to create a coherent international framework for addressing crimes that are considered among the gravest under international law. Its development and implementation directly support key targets of SDG 16.

• Strengthening the Rule of Law (Target 16.3): The convention will provide a consistent legal basis for prosecuting crimes against humanity, spurring states to adopt national laws and enhancing mutual legal assistance. This reinforces the international legal order and ensures equal access to justice for victims.
• Reducing Violence (Target 16.1): By creating robust mechanisms for prevention and punishment, the treaty addresses the root causes and consequences of widespread and systematic attacks against civilian populations. Crimes covered include:
  • Extermination
  • Enslavement
  • Rape and forced pregnancy
  • Persecution
  • Enforced disappearance
  • Apartheid
• Promoting Non-Discriminatory Laws (Target 16.b): The treaty explicitly targets crimes like apartheid and persecution, directly contributing to the promotion and enforcement of non-discriminatory laws and policies essential for sustainable development.

An Inclusive Process for SDG 5 and SDG 10

The negotiation process emphasizes inclusivity, reflecting the principles of SDG 10: Reduced Inequalities and SDG 5: Gender Equality. Recommendations stress the need for a forward-looking approach that challenges historical inequities in international lawmaking.

• Ensuring Broad Participation: There is a strong call for the meaningful inclusion of diverse stakeholders, including victims’ and survivors’ groups, women’s rights defenders, Indigenous communities, and people with disabilities. This aligns with the goal of empowering and promoting the social and political inclusion of all.
• Addressing Gender-Based Violence: Negotiators are urged to refine the treaty to better recognize the unique harms faced by women, including crimes such as rape and forced pregnancy, thereby advancing the targets of SDG 5.
• Accessibility and Transparency: Proposals include webcasting proceedings with simultaneous translation and holding regional consultations to overcome barriers to participation, ensuring that the process is accessible and transparent.

Roadmap to Implementation: A Partnership for the Goals (SDG 17)

The path toward the treaty exemplifies SDG 17: Partnerships for the Goals, relying on multilateral cooperation and the collective will of member states and civil society.

1. UN General Assembly Mandate: In December 2024, Resolution 79/122 initiated formal work on the treaty.
2. Preparatory Committee: A preparatory committee is scheduled to begin work in January 2026, including working group sessions to discuss draft articles prepared by the International Law Commission.
3. Submission of Amendments: States are required to submit proposals for amendments to the draft articles by April 30, 2026.
4. Plenipotentiary Conference: Formal treaty negotiations are planned for 2028 and 2029.

This multi-year process highlights the importance of global partnerships, with leadership from Global South nations such as The Gambia, Mexico, Costa Rica, and Sierra Leone being instrumental. The active and vocal support for civil society participation further underscores the commitment to multi-stakeholder collaboration (Target 17.17).

Key Recommendations for an Effective Convention

To ensure the final treaty is a powerful tool for justice and prevention, the briefing paper advances several key recommendations:

• Maintain and strengthen the convention’s core principles on the prevention of crimes.
• Recognize and codify victims’ rights, particularly the right to reparations.
• Incorporate robust procedural protections for the accused to ensure fair trials.
• Limit safe havens for suspects to eliminate impunity.
• Maintain the maximum possible scope for jurisdiction to ensure broad accountability.

Analysis of SDGs in the Article

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

The article primarily addresses issues related to international justice, human rights, and global cooperation, which directly connect to several Sustainable Development Goals (SDGs). The most relevant SDGs are:

• SDG 16: Peace, Justice, and Strong Institutions: This is the central SDG related to the article. The entire text focuses on creating an international treaty to prevent and punish “crimes against humanity,” which is fundamental to promoting peaceful and inclusive societies, providing access to justice for all, and building effective, accountable institutions at all levels. The article discusses the rule of law, accountability for grave crimes, and the development of an international legal framework.
• SDG 5: Gender Equality: The article explicitly mentions the need for the treaty to “better recognize the unique harms faced by women” and calls for the inclusion of “women’s rights defenders.” It also lists crimes like rape and forced pregnancy as examples of crimes against humanity, directly linking the treaty’s development to the protection of women and the goal of achieving gender equality.
• SDG 10: Reduced Inequalities: The article advocates for an inclusive treaty-making process that challenges “exclusion and inequities.” It specifically calls for the participation of “victims’ and survivors’ groups, women’s rights defenders, Indigenous communities, academics, people with disabilities who may require reasonable accommodations to participate, and children and young people,” which aligns with the goal of empowering and promoting the inclusion of all.
• SDG 17: Partnerships for the Goals: The article highlights the importance of multilateralism and global partnerships. It mentions the collaboration between UN member states, the leadership of countries from the Global South (The Gambia, Mexico, Costa Rica, Sierra Leone), and the crucial role of “civil society organizations” in the treaty process. This emphasis on collective action to achieve a common goal is the essence of SDG 17.

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

Based on the article’s focus, several specific SDG targets can be identified:

1. Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.
   • The article’s core purpose is to develop a convention to “prevent and punish” atrocity crimes like extermination and murder, which directly contributes to reducing violence and death rates.
2. 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 that the treaty would “anchor justice for crimes against humanity more solidly in international law” and bolster domestic courts, directly promoting the rule of law. It also mentions recognizing “victims’ rights, particularly to reparations,” which is a key component of access to justice.
3. Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.
   • The article strongly advocates for this target by calling for the inclusion of “civil society organizations in every stage,” including those without formal UN status. It also pushes for webcasting proceedings with translation to “allow the broadest possible participation.”
4. Target 16.a: Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels… to prevent violence and combat… crime.
   • The article explains that a new treaty would “spur states to adopt national laws” and “enable cooperation among states to prevent these crimes” through mechanisms like “mutual legal assistance.”
5. Target 5.1: End all forms of discrimination against all women and girls everywhere.
   • By proposing that the treaty “better recognizes the unique harms faced by women,” the article supports the creation of legal instruments that address and aim to eliminate gender-based discrimination and violence.
6. 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 call to include “Indigenous communities,” “people with disabilities,” “children and young people,” and other marginalized groups in the treaty negotiations is a direct effort to ensure their political inclusion in a significant international lawmaking process.
7. Target 17.17: Encourage and promote effective public, public-private and civil society partnerships…
   • The article showcases this target in action by describing the “collective will of supportive states” working alongside “civil society” to make the treaty a reality. It highlights the partnership between governments and non-governmental organizations like Human Rights Watch.

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

The article does not mention official SDG indicators by their numerical codes, but it implies several qualitative and quantitative measures of progress:

• Development and Adoption of the Treaty: The successful negotiation and adoption of the “International Convention to Prevent and Punish Crimes against Humanity” would be a primary indicator of progress towards Target 16.3 (promoting international rule of law).
• Inclusion of Civil Society: The level and quality of participation by “civil society organizations,” “victims’ and survivors’ groups,” and other stakeholders in the preparatory and plenipotentiary meetings can serve as an indicator for Target 16.7 (inclusive decision-making). The article notes that Germany specifically supported their inclusion in the January 2026 working group sessions.
• Adoption of National Legislation: The number of states that “adopt national laws” to prosecute crimes against humanity as a result of the new treaty would be a measurable indicator for Target 16.a (strengthening national institutions).
• Inclusion of Specific Provisions: The final text of the treaty can be analyzed to see if it includes provisions that “better recognize the unique harms faced by women, people with disabilities, children, and other groups.” The presence of such language would be a key indicator for Targets 5.1 and 10.2.
• Establishment of Cooperation Mechanisms: The inclusion of articles on “mutual legal assistance” and other forms of interstate cooperation in the final treaty would be an indicator of progress towards Target 16.a.

4. Summary Table of SDGs, Targets, and Indicators

Source: hrw.org