Table of Contents
Introduction
The article discusses a major step taken by the United Nations General Assembly (UNGA) on December 4, 2024, to begin negotiations for a treaty aimed at preventing and punishing crimes against humanity (CAH).
The article also examines India’s position, its concerns about the treaty, and the need for domestic laws to address these grave crimes, urging India to take a leadership role in global justice efforts.
On December 4, 2024, the United Nations General Assembly (UNGA) made an important decision by approving the draft text of a treaty focused on preventing and punishing crimes against humanity (CAH).
This decision kickstarts formal negotiations among countries to finalize the treaty. The move comes five years after the International Law Commission submitted a draft proposal to the Sixth Committee, the UNGA’s primary forum for legal discussions. This step is being celebrated as a significant moment in the global fight against grave crimes and ensuring that perpetrators are held accountable.
What are Crimes Against Humanity?
Crimes against humanity include severe offenses like murder, torture, rape, enslavement, and deportation committed as part of a systematic or widespread attack on civilians. These crimes were first formally addressed during the Nuremberg Trials after World War II.
However, unlike genocide and war crimes—which are governed by the Genocide Convention of 1948 and the Geneva Conventions of 1949—CAH are only covered under the Rome Statute, the treaty that established the International Criminal Court (ICC).
This arrangement leaves gaps in accountability because the ICC only has jurisdiction over its member states and focuses solely on punishing individuals, not holding countries responsible. Furthermore, there is no international treaty that explicitly obligates countries to prevent CAH or address their failure to do so.
A specific treaty for CAH could close these gaps. It would hold states accountable for failing to prevent such crimes, similar to the Genocide Convention, and encourage countries to pass national laws and policies to stop CAH from occurring.
For instance, The Gambia used the Genocide Convention to bring a case against Myanmar at the International Court of Justice (ICJ) in 2019 for alleged atrocities against the Rohingya population. A CAH treaty could allow for similar legal action.
Additionally, it could broaden the scope of CAH by including other heinous acts, such as starvation, terrorism, gender apartheid, and crimes against indigenous peoples, as suggested by several countries.
India’s Response
India has raised concerns about the proposed treaty and the ICC. It is not a member of the Rome Statute and has consistently opposed the ICC’s jurisdiction, particularly its ties to the UN Security Council and the prosecutor’s powers.
India also objects to the exclusion of terrorism and the use of nuclear weapons from the proposed definition of CAH. Furthermore, India believes that only crimes committed during wars—not those in peacetime—should be considered CAH.
Over the past five years, India has pushed for a detailed study and thorough debate on whether such a treaty is even necessary. It also prefers to handle such crimes through national laws and courts rather than relying on international mechanisms.
However, India currently does not have domestic laws addressing international crimes like CAH or genocide. This gap was highlighted in 2018 by Justice S. Muralidhar of the Delhi High Court, who noted that these crimes have yet to be incorporated into India’s criminal laws.
Despite this, there has been little discussion or action on the issue, and even recent updates to India’s criminal laws missed the chance to address this deficiency. This is at odds with India’s position that such matters should be handled domestically.
The article suggests that India should take the lead by creating national laws to address CAH and other international crimes. Even if it does not join the Rome Statute, India could demonstrate its commitment to justice and human rights. By doing so, it could position itself as a global leader in the fight against impunity for serious human rights violations.
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