U.S. discusses ILC's draft articles on crimes against humanity at UN meeting

Geopolitics
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Christopher P. Lu, Ambassador | U.S. Mission to the United Nations

The United States has addressed the Sixth Committee regarding the International Law Commission's Draft Articles on crimes against humanity. The U.S. emphasized the significance of Articles 13 and 14, which focus on international cooperation for extradition and mutual legal assistance in cases involving such crimes. "Crimes against humanity rarely respect international borders," noted the statement, underscoring the importance of global collaboration.

Concerns were raised about potentially vague terms like "membership of a particular social group" and "other grounds that are universally recognized as impermissible under international law." The U.S. pointed to existing instruments, such as the United Nations Convention against Corruption and the United Nations Convention against Transnational Organized Crime, as models for addressing these issues due to their widespread ratification.

Draft Article 15 was also discussed, highlighting the role of the International Court of Justice in resolving disputes related to any future convention on preventing and punishing crimes against humanity. The U.S. welcomed provisions allowing states to opt out of certain jurisdictional obligations, similar to mechanisms in other conventions like those addressing genocide and torture.

The possibility of establishing a treaty body to monitor state compliance with any future convention was mentioned, referencing successful monitoring by bodies under treaties like the International Covenant on Civil and Political Rights (ICCPR) and others.

In conclusion, there was a suggestion for streamlining paragraph 2 of the Annex.