The United States has expressed its support for the International Law Commission's Draft Articles on the Prevention and Punishment of Crimes against Humanity during a session of the Sixth Committee. The U.S. joined over eighty co-sponsors in backing resolution 77/249, which called for this resumed session, and participated in previous discussions, including submitting written comments last December.
Despite more than seven decades since the Nuremberg and Tokyo trials, there remains no comprehensive multilateral convention addressing crimes against humanity. These crimes continue to occur frequently without consequence. The U.S. believes it is crucial to enhance the legal framework for preventing and punishing such acts. "Accordingly, as we will elaborate later in this resumed session, we support a decision this coming fall to begin a process to negotiate a convention on the prevention and punishment of crimes against humanity."
In discussing Cluster 1, the U.S. highlighted the significance of both the Preamble and Draft Article 1 within the Draft Articles' structure. The Preamble takes cues from language found in the Convention on Genocide, emphasizing prevention and accountability as central themes. "In many respects, like other delegations, the United States views the Genocide Convention as the primary model for any future convention on the prevention and punishment of crimes against humanity."
The U.S. noted that further clarification within Draft Article 1 would be beneficial. It stressed that nothing should authorize aggression or force contrary to UN principles. The articles should prevent misuse under false pretenses for unlawful force applications. Additionally, it was suggested that language should ensure no modification of international humanitarian law occurs.
The United States anticipates further discussion on these matters with other states, acknowledging "the need for the international community to do more to work toward the prevention and punishment of crimes against humanity."