The United States has expressed its views on the Draft Articles concerning national measures to prevent and punish crimes against humanity. During a session of the Sixth Committee, a representative highlighted key points from their written comments submitted in December.
Draft Article 6, paragraph 1, which requires states to criminalize crimes against humanity within their legal systems, was discussed. The U.S. noted that while these crimes are not currently classified as such under U.S. law, existing laws could address acts like murder, sexual violence, and human trafficking. The Biden Administration supports draft legislation in Congress to specifically criminalize crimes against humanity.
Regarding paragraph 3 of Draft Article 6, the U.S. emphasized the doctrine of command responsibility for holding superiors accountable for international crimes committed by subordinates. This doctrine has been significant since World War II. However, it acknowledged that states might interpret command responsibility differently and suggested future conventions allow flexibility in implementing obligations related to indirect liability.
The U.S. also supported Draft Article 8's requirement for states to investigate crimes against humanity but noted that some aspects might need further discussion. It stressed the importance of investigating allegations involving officials committing such crimes abroad.
Finally, the U.S. called for clarification on Draft Articles 8, 9, and 10 regarding alleged offenders who have already faced genuine investigations or proceedings by their state of nationality. The concern is about potential international tensions arising from duplicative or conflicting proceedings in different states.