The United States has expressed its views on the International Law Commission's Draft Articles concerning crimes against humanity. These remarks were delivered during the resumed session of the Sixth Committee, focusing on key aspects such as the definition of these crimes, states' general obligations, and prevention duties.
Draft Article 2 is highlighted as a pivotal component due to its definition's impact on other provisions. The U.S. emphasized the "critical role that the chapeau element plays in the definition of crimes against humanity," noting its alignment with international humanitarian law and its distinction from other international offenses like genocide.
Acknowledging similarities with Article 7 of the Rome Statute of the International Criminal Court (ICC), the U.S. recognizes that while it is not a party to this statute, it considers its definitions largely reflective of customary international law. The U.S. supports using this definition as a basis for potential negotiations, stressing that acceptance does not equate to endorsing the Rome Statute or ICC jurisdiction.
Concerns were raised about some terms in Draft Article 2 lacking clarity. The U.S. proposed drawing insights from "the ICC Elements of Crimes" to clarify these definitions further. It also welcomed differences between Draft Article 2 and Article 7, particularly regarding gender definitions.
In discussing Draft Article 3, inspiration from the Genocide Convention was noted positively, though suggestions were made to include non-state actors explicitly in committing crimes against humanity.
For Draft Article 4, emphasis was placed on preventing such crimes within existing international law frameworks and ensuring fair trial guarantees when punishing offenders. Effective measures by states are encouraged alongside international cooperation efforts while recognizing situations where cooperation may be inappropriate.
These statements reflect ongoing discussions aimed at refining legal frameworks addressing crimes against humanity globally.