Preparatory Committee for the United Nations Conference of Plenipotentiaries on Prevention and Punishment of Crimes against Humanity - General Assembly, First Session, 2nd plenary meeting General Assembly Date: 19 January 2026 Language: English Transcript: https://transcripts.un.org/en/asset/k15/k15vvx13gi Transcripts available through this tool are created by using automatic speech recognition and are not official records nor official documents of the United Nations. Official records and official documents are available on the Official Document System of the United Nations. --- Chair [0:00]: I call to order the second meeting of the preparatory committee. Distinguished delegates, this afternoon the preparatory committee will continue the general debate. Please note that given the number of remaining speakers on the list, it is likely that the general debate will have to continue through most of the day tomorrow, following which the working group will convene. I wish to recall my recommendation this morning that speakers seek to limit their statements to seven minutes, and any delegation wishing to deliver a longer statement is, of course, welcome to send those to the Secretariat for posting on the website. The first speaker on my list for this afternoon is the distinguished representative of the Republic of Korea. So, you have the floor. Republic of Korea [0:53]: Mr. Chair, the Republic of Korea is honored to participate in the first session of the Preparatory Committee and congratulate you, Mr. Chair, on your election and expresses its full confidence in your leadership. At the outset, my delegation wishes to reaffirm its strong support for the eventual adoption of a convention on prevention and punishment of crimes against humanity. Drawing on our experience as a non-permanent member of the Security Council over the past two years, my delegation comes to this meeting with a renewed sense of urgency and purpose, firmly convinced that crimes against humanity threaten the peace, security, and well-being of the world, as reflected in the preamble to the draft articles on prevention and punishment of crimes against humanity. The Republic of Korea has long been a staunch supporter of international criminal justice, as demonstrated by our steadfast commitment to international judicial bodies, including the International Criminal Court. We gather at a time when international law is under serious strain. Now, the international community cannot afford to fail in this vital endeavor to put an end to impunity for the perpetrators of crimes against humanity. This is why we cannot overemphasize the importance of this session of the Preparatory Committee. In this context, success will depend on our collective ability to build broad-based support for the Convention. Our ultimate goal must be a convention that enjoys the widest possible acceptance, as we need a treaty that will enable more States and other stakeholders to join the fight against impunity. My delegation would like to commend the excellent work by the International Commission under the leadership of the Special Rapporteur, Professor Sean Murphy. And we believe that the ILC draft articles provide a solid foundation on which this process can build. They are grounded in a careful analysis of the principles of international criminal law and the practical requirements of the implementation at the national level. In our view, the text reflects a workable balance between ideals and practical realities while maintaining coherence with the broader international legal framework. Building on this draft, we should focus our efforts on improvements that can secure the broadest possible support among states. Any improvement or modification should be made in light of existing law. And in this respect, the framework set out in the Rome Statute and the jurisprudence developed by international courts and tribunals can provide meaningful points of reference. What is also important is that the new convention should be conducive to effective domestic implementation, due regard being had to the diversity of criminal justice systems and the relevant experiences of different states. It will receive wide support when it is understood as an instrument that supports and reinforces domestic legal systems in the fight against the most egregious international crimes. It is imperative to strike the right balance between the goal of securing the widest possible acceptance and the task of providing for an effective response against impunity. Addressing impunity and narrowing existing accountability gaps remains an urgent task. The Republic of Korea will engage with other delegations in a constructive manner throughout this process listening carefully to different views and striving to build convergence. The Republic of Korea also underscores the importance of inclusive engagement with relevant stakeholders, including civil society, whose expertise and perspectives can meaningfully enrich our deliberations on crimes against humanity, in particular Civil society can bring to our attention the voices of victims and survivors that will inform our discussions. My delegation hopes that this session will serve as a forum to bring diverse perspectives together, deepen mutual understanding, and steadily widen the common ground ahead of the Diplomatic Conference. Thank you, Mr. Chair. Chair [5:46]: I thank the distinguished representative of the Republic of Korea for his statement, and I give the floor now to the distinguished representative of Germany. You have the floor. Germany [6:00]: Honorable Chair, distinguished delegates, Germany welcomes the convening of this Preparatory Committee and thanks the Chair and the Secretariat for their efforts in organizing our work. We attach great importance to this process and participate with a strong commitment to its success. We align ourselves with the statement delivered by the European Union. 80 years ago, in the wake of devastation and unprecedented human suffering, a new international order began to take shape. The Nuremberg trials were revolutionary because they introduced a new principle in international law. Individuals should be held accountable for grave violations of international law. The Nuremberg trials are based on the recognition that peace and justice are inseparable. The Nuremberg principles are the foundation of international criminal law. They reflect our commitment to prevent the recurrence of the most serious crimes and atrocities. For Germany, the horrors perpetrated by the Nazi regime remain the darkest chapter in our national history. and they gave rise to a firm and lasting commitment to international criminal law. Germany has developed a robust system ensuring that accountability under international law is mirrored nationally. Our Code of Crimes Against International Law, adopted in 2002, grants German courts universal jurisdiction over genocide, crimes against humanity, and war crimes. It is a direct legacy of Nuremberg and a reminder that the pursuit of justice does not stop at national borders. Crimes against humanity are among the gravest violations of international law. They shock the conscience of humanity, devastate societies, and leave long-lasting harm to victims and communities. They are one of the core crimes that the International Criminal Court can adjudicate upon, yet Unlike genocide and war crimes, they were not governed by a universal treaty dedicated to prevention and punishment before the Rome Statute came into being. Germany firmly believes that this presents a normative gap which must be closed. We therefore strongly support the elaboration of a comprehensive and legally binding convention on the prevention and punishment of crimes against humanity based on the draft articles adopted by the International Law Commission. and my delegation welcomes in that regard the presence of Professor Sean Murphy during this PrepCom. These draft articles provide a solid, balanced, and well-considered foundation for our work. Germany is of the view that crimes against humanity are prohibited under all circumstances, in times of peace as well as in armed conflict. No exceptional situation, no public emergency, and no official capacity can ever justify such crimes. Accountability must apply equally to all perpetrators. We attach particular importance to prevention. A future convention must not only address punishment, but also require States to take effective legislative, administrative and practical measures to prevent crimes against humanity from occurring in the first place. Education, early warning, protection of vulnerable groups, and strong institutions are essential elements of this effort. Germany also supports clear obligations for national implementation, including the criminalization of crimes against humanity in domestic law, the establishment of appropriate jurisdiction, and the effective investigation and prosecution of alleged offenders. International cooperation, including extradition and mutual legal assistance, must be a central pillar of the convention. Furthermore, the rights and protection of victims deserve special attention. Victims must have access to justice, protection from intimidation and retaliation, and the possibility of adequate reparation. Their dignity and voices must be respected throughout all proceedings. With regard to our working methods, Germany supports an inclusive, transparent, and efficient process. We believe that meaningful engagement with relevant international organizations, independent experts, and civil society can strengthen both the quality and the legitimacy of our work, while fully respecting the intergovernmental nature of this process. Chair, Germany stands ready to engage constructively, to listen carefully to all delegations, and to work towards solutions that combine high normative ambition with a realistic assessment of what can practically be implemented. Our shared objective should be a convention that is robust, effective, and capable of attracting broad cross-regional support by the international community. We look forward to working with all of you in this important endeavor. Thank you. Chair [11:25]: I thank the distinguished representative of Germany for his statement, and I give the floor now to the distinguished representative of Austria. You have the floor, sir. Austria [11:35]: Thank you, Mr. Chair. My delegation fully aligns itself with the statement made by the European Union and would like to make the following remarks in its national capacity. We would like to acknowledge the milestone that the opening of this Preparatory Committee represents on the path. Towards a convention on the prevention and punishment of crimes against humanity. After many years of discussions, it marks the beginning of the formal preparation and negotiation phase and allows the goal to come clearly into our view. The aim of the future convention is to strengthen the existing international criminal law framework. In order to achieve this, the text must not fall below standards already agreed upon by the international community. The following elements are crucial in this regard. First, the definition of crimes against humanity as adopted by the International Law Commission is drawn from and codifies customary international. Law. Therefore, it can be the only reasonable bottom line for our negotiations. Second. The obligation to establish jurisdiction in draft article. 7 reflects the common basis of criminal jurisdiction on the customary and treaty law, which together with the obligation to extradite or prosecute is indispensable to ensure accountability and to prevent safe havens for perpetrators. Of crimes against humanity. And third, we attach great importance to the peaceful settlement of disputes. A clear and compulsory dispute settlement mechanism is key in ensuring the success of the future convention, both regarding preventive and as well as accountability and responsibility aspects. Mr. Chair, let me take this opportunity to highlight the important role that civil society. Organizations are playing each and every day in preventing and documenting atrocity crimes promoting the fight against impunity and ensuring the rights of victims and survivors. Their input in the process towards a crimes against humanity convention is of essential value. We therefore strongly support the meaningful participation of civil society in the negotiations. The consensus adoption of General Assembly Resolution 79/122, deciding on a conference of plenipotentiaries and determining the process ahead of us, which required concessions and compromises from all sides, was an achievement as well as an endorsement of multilateralism and a commitment to a rules-based international order. But it was only the starting point. Austria is committed to keep on working together with all delegations towards a strong convention enjoying universal support. I thank you. Chair [14:32]: I thank the distinguished representative of Austria for his statement, and I give the floor now to the distinguished representative of Mexico. You have the floor, Madam. Mexico [14:45]: Thank you, Chairman. Allow me to congratulate you for your election to chair this preparatory committee And you can count on the support of my delegation for the successful conclusion of this session. Mexico is convinced that this process will lead to the adoption of a convention for the prevention and punishment of crimes against humanity. This forum represents a valuable opportunity to continue substantive and structured dialogue on draft articles of the International Law Commission. before the Conference of Plenipotentiaries for negotiation of the convention that will take place in 2028. Mexico would like to reiterate the great value that attaches to the work of the International Law Commission and the support that could represent to maintain a multilateralism based on the rule of law. This topic confirms that the technical work and the draft articles developed by the Commission contribute to revitalizing the codification and the progressive development of international law. The decision of the General Assembly to move towards the negotiation of this convention is historic. It demonstrates the firm commitment of the international community in favor of justice and against impunity for some of the most heinous acts that could be committed against people. The future convention will offer states an essential legal framework to prevent, investigate, prosecute, and punish these crimes at the national level, as well as to strengthen cooperation and mutual legal assistance among jurisdictions. The negotiation of an international treaty requires the greatest technical and legal rigor. However, this technical thoroughness should not make us lose sight of how urgent it is to have substantive debates or the debt, the persistent debt that the international community owes to the victims of crimes against humanity around the world. The credibility of this process will also depend on its capability to respond to this demand for justice. We trust that our debates in this preparatory committee will be dynamic and constructive, aware that the technical issues that arise could be addressed at a later stage in the various working groups as we prepare for the Conference of Plenipotentiaries. from Mexico, the debates that we will hold both in this preparatory committee as well as throughout this process must always mainstream human rights and gender perspective approach. It is essential that the future convention embodies meaningful discussions on the best forms of protecting women, girls and teenage girls and all the populations that could find themselves in a situation of vulnerability due to their gender. Similarly, it is a priority for my delegation for the final text of the convention to include a clause to resolve disputes that is sound and operational. Mexico has always highlighted the importance of peaceful means of resolving disputes as a demonstration of good faith and cooperation among states. We also believe it is fundamental that disputes that are not resolved through negotiations should be submitted to the jurisdiction of the International Court of Justice. Likewise, it is important for the Convention to envision mechanisms of this type to maintain its application and resolve possible disputes. To conclude, Mexico would like to renew its trust in this historic process and the importance that we attach to the negotiation of a future convention. We are convinced that this first session of the committee will produce significant progress. The ultimate goal is to strengthen our mechanisms to prevent and punish crimes against humanity. Based on the understanding that this is a fundamental and urgent task, this is a collective effort that can no longer be put off, that will make it possible to give credibility to our commitment to justice, international law, and human dignity. Thank you very much. Chair [19:34]: I thank the distinguished representative of Mexico for her statement, and I give the floor now to the distinguished delegate of Turkey. Türkiye · Delegate [19:45]: Thank you, Mr. Chair. Firstly, we congratulate your election as Chair. Also, we would like to take this opportunity to once again thank the International Law Commission and the Sixth Committee for their diligent work in preparing the draft articles on prevention and punishment of crimes against humanity. Crimes against humanity continue to pose existential threats against human dignity, peace and security, rule of law, international order, namely against the core principles that lay at the very foundation of the United Nations. Crimes against humanity are addressed under the Turkish Penal Code, reflecting Turkey's strong commitment to ensure accountability for such great offenses. It is well recognized that the definitions, jurisdictional approaches, and modes of application may vary across national legal systems, as well as within international judicial frameworks. These differences in interpretation and practice should be carefully considered. It is a challenging process, yet it is essential to ensure that the concept is applied in a manner that is objective and free from politicization. As serious violations of international law and impunity persist all around the world, the need to address, prevent, and punish these crimes continues to be of utmost importance for the whole international community. In this regard, Turkey closely cooperates with the ILC and the Sixth Committee in their work on the draft articles. We expect this work should proceed in line with the established principles of international law. We re-emphasize that the consensus principle should be strictly observed, concerns and expectations of all States should be duly addressed during the work of the codification of the prevention and punishment of crimes against humanity. However, as we are all aware, there is still a long path ahead to be covered before us achieving this objective. Rushing this process without due diligence may jeopardize the work that has been carried out so far. Mr. Chair. As we have clearly mentioned in our previous statements, there is still more work to be done for reaching a wide consensus among member states on the substantive content of an international convention about the crimes against humanity. We are currently far from that stage yet. We have also underlined that a considerable number of member states harbor serious concerns that an international regulation for this category of crimes could particularly be vulnerable to exploitation for non-legal motives. Although existing conventions addressing crimes against humanity provide an important basis, they have not fully reached a universal acceptance as envisaged. Accordingly, any legal codification should be developed with particular care and sensitivity. Therefore, the prospective international convention on crimes against humanity, first and foremost, should envisage substantial safeguards against potential misuses for political and other motives. The proposed rules and mechanisms should be crafted meticulously, inclusively, and with utmost clarity. Mr. Chair, the draft text appears to go beyond the existing legal framework by introducing new rules, some of which may give rise to general concerns among the member states. At the same time, we recognize that the codification processes may often include elements of progressive development, and it is not always easy to determine the appropriate balance. It should also be noted that, even within the current legal framework, further consideration of a number of different viewpoints is duly warranted. In this regard, Turkey expects that the negotiations and deliberations in the coming days may help address these concerns to ensure that the outcome will remain closely anchored to existing rules. Mr. Chair. In conclusion, we would like to stress once more that Turkey's position on the draft articles that we have expressed in previous sessions of the Sixth Committee remains unchanged. Turkey is committed to constructive engagement and ready to further contribute in a meaningful and cooperative manner to the discussions and deliberations in the upcoming days. Thank you. Chair [23:55]: I thank the distinguished delegate of Turkey for her statement, and I give the floor now to the distinguished delegate of New Zealand. You have the floor, Madam. New Zealand · Delegate [24:05]: Thank you, Chair. New Zealand warmly congratulates you on your election. You have our full support. Chair, crimes against humanity, along with genocide and war crimes, stand as the most serious crimes of concern to the international community as a whole. Wherever they occur, they threaten peace, security, and well-being. In the face of increasing atrocities worldwide, New Zealand reaffirms that the commission of such crimes must be condemned and that all states must remain steadfast in their commitment to prevent and punish these serious international crimes. The absence of a dedicated multilateral treaty addressing crimes against humanity leaves a gap in the international treaty law framework. Given the widespread, systematic and violent nature of these crimes, undermine and threaten all three pillars of the UN Charter, it is especially compelling that we address these gaps with treaty-level legal certainty, particularly in relation to interstate cooperation for prevention, investigation and prosecution of crimes against humanity and questions of state responsibility. For this reason, New Zealand has long held that the International Law Commission's draft articles on the prevention and punishment of crimes against humanity and the elaboration of a new convention based on them presents an important opportunity to close this gap. I take this opportunity to reiterate our appreciation to the International Law Commission and to Special Rapporteur Professor Sean Murphy for the extensive and dedicated work. Chair, effective prevention and prosecution of crimes against humanity require taking measures at the national level and enhancing international cooperation, including with respect to extradition and mutual legal assistance. We recognize the calls from many member states for assistance with respect to strengthening national capacities. A new convention designed to help states fulfill their primary responsibility in this regard will strengthen interstate cooperation and build national capacities to prevent, investigate, and prosecute crimes against humanity, including by defining a minimum standard framework. The ILC draft articles provide a strong foundation for the development of this convention. They are grounded in existing international law and seek to complement, not contradict, existing international legal regimes. including the Rome Statute of the International Criminal Court's complementarity regime. We welcome the progress made to date toward a UN Convention on Prevention and Punishment of Crimes Against Humanity, including the decision of the General Assembly in 2024 to formally proceed to treaty negotiations based on the ILC draft articles. Chair, we also welcome the opportunity during this preparatory committee to discuss the draft articles substantively, identifying areas of convergence and areas for greater clarification or elaboration. While we recognize the diverse views on the substance of the draft articles, we were encouraged by the constructive exchanges in the six committees' resumed sessions in 2023 and 2024. The nature and high level of engagement of all delegations reflect our shared commitment to combating impunity for these grave crimes. Because crimes against humanity are of concern to the entire international community, and in the interests of fostering widespread cooperation of states in this area, it is important that our discussions be constructive, inclusive, and involve the broadest possible participation of stakeholders. New Zealand supports the meaningful and effective participation of stakeholders in all phases of the negotiation process. While negotiations are a state-led process, stakeholders bring valuable expertise and perspectives that will strengthen our collective decision-making. New Zealand stands ready to engage constructively with all member states for a fruitful preparatory committee session and look forward to continued progress on this important work. Thank you. Chair [28:32]: I thank the distinguished delegate of New Zealand for her statement, and I give the floor now to the distinguished delegate of Luxembourg. Luxembourg · Delegate [28:45]: Thank you, Chair. Luxembourg fully endorses the statement delivered by the European Union. I would like to add a few national considerations now. I'd like to begin by congratulating you, Chair, on your election. We wish you every success as you carry out your mandate. Luxembourg welcomes the opportunity to participate in the first preparatory committee for the UN Conference of Plenipotentiaries on the Prevention and Punishment of Crimes Against Humanity. This important phase bears out the determination of the international community to fill a long-standing gap in international law and to strengthen our collective capacity to prevent and the most serious crimes. Since the outset, we have been actively supporting this initiative, beginning with our constant support for combating impunity and ensuring accountability for those responsible for the most serious crimes. In this regard, we reaffirm our full support for this process. We believe that the draft articles prepared by the International Law Commission in 2019 represent a robust basis for negotiations of the forthcoming convention. We take this opportunity to thank the International Law Commission for the support that they continue to provide to the codification and progressive development of international law. Luxembourg reaffirms its determination to participate in good faith in this process, constructively and in a spirit of multilateralism. We underscore the importance of ensuring that the process remains open, transparent and inclusive. It is our collective responsibility to establish an effective full legal framework to prevent crimes against humanity, to combat impunity and to ensure accountability for the perpetrators. We would also like to welcome the precious role played by civil society organizations that they have played and continue to play throughout this process. We fully support the participation of all stakeholders concerned in the work of the Preparatory Committee. Finally, we reaffirm our collective commitment to a future convention that fully recognizes the rights of victims, that strengthens international cooperation and contributes to preventing crimes against humanity, this in accordance with the principles and purposes of the UN Charter. We welcome the prospect for a productive session of this preparatory committee, opening the way for the organization of an inclusive, transparent diplomatic conference that is commensurate with its mandate. Thank you. Chair [31:22]: I thank the distinguished delegate of Luxembourg for her statement, and I give the floor now to the distinguished Permanent Representative of Liechtenstein. You have the floor, sir. Liechtenstein · Permanent Representative [31:32]: Thank you so much, Mr. Chair, and let me congratulate you on assuming the office of Chair of this very important gathering and to thank you for your availability to serve in this function. Mr. Chair, As we mark the 80th anniversary of the Nuremberg trials, we find ourselves in an era of increasing pressure on the international legal order. Advancing a convention on crimes against humanity is therefore an important opportunity to advance international law, to show resilience and the reaffirmation of the foundations of our international legal system. on our collective ability to come together in multilateral settings to make important progress on international law. Our longstanding commitment to the development of multilateral treaties that advance international law will guide us in our discussions. A reinforced legal framework on crimes against humanity would provide significant improvements for states and for victims and reflect an important addition to the existing framework under international law. Importantly, it would address the unfortunate but widespread false perception of a hierarchy among the most serious crimes under international law, even though Genocide, crimes against humanity, war crimes, and the crime of aggression are treated at the same level as the most serious crimes under international law in the Rome Statute. This convention would therefore close a legal gap as contrary to other serious crimes, no convention exists on state responsibility for crimes against humanity. It would also complement the ICC by emphasizing states' national obligations to prevent and punish crimes against humanity and play an important role in strengthening international cooperation among states in the area of mutual legal assistance. This convention is therefore an important legal and political investment that will help advance the responsibility of states and reaffirm our commitment to international criminal law. Chair, coherence with the existing international treaties and international criminal law is indispensable to ensure predictability on complementarity. We view the ILC's draft articles as a very good basis to reach this common goal, but we will remain open to examining proposals that could help us further advance international criminal law. The definition of crimes against humanity contained in Article 2 of the draft articles reflects the provision of the Rome Statute, which has been widely ratified, transposed into national legislations, and implemented by international and national courts. This definition has therefore stood the test of time, and it also provides the necessary flexibility to include other severe acts that require recognition and prosecution even if they are not specifically reflected in the definition. At the same time, international criminal law is not static, and there have been very important developments in this area since the adoption of the Rome Statute in 1998, and we look forward to a deep exchange on ideas that people have put forward with respect to the definition. The role of the ICJ as the mechanism for the dispute settlement between states is in our view essential. This role should be compulsory and not subject to an opt-out clause or to reservations. The continued and growing relevance of the ICJ is evident as reflected by its growing workload, and the court is best placed to play this role with respect to settlement of possible disputes among states, as it is mandated to do under many other treaties. Consistency with international law on immunity of state officials is also crucial, based on the precedents beginning with the Nuremberg and the Tokyo charters, and we support the ILC Commission's draft article 6 in this respect. In conclusion, let me emphasize that the meaningful participation of civil society will be essential to ensure diversity of views, but also of expertise in these important discussions, as many others before in this discussion be there for support provisions for the full inclusion and participation of civil society organizations in these important negotiations. I thank you. Chair [36:55]: I thank the distinguished permanent representative of Liechtenstein for his statement. My next speaker is the distinguished representative of China. You have the floor, sir. China [37:08]: Chair, Crimes against humanity constitute grave offenses that threaten international peace and security. This charge first appeared in the charters of the International Military Tribunal at Nuremberg and International Military Tribunal for the Far East. embodying the conscience of mankind. During the Second World War, Japanese militarism inflicted profound calamities upon the peoples of China, Asia, and the world. This year marks the 80th anniversary of the commencement of International Military Tribunal for the Far East. The tribunal systematically adjudicated and exposed the crimes of Japanese militarism in planning, preparing for, and invading China and other Asian nations, as well as in launching the Pacific War. It sentenced the relevant war criminals for crimes against peace, war crimes, and crimes against humanity. The Tokyo Trials stand as irrefutable historical evidence of Japan's crimes of aggression, pioneered development of international criminal law, and sounded a clarion call for peace to correct Japan's expansionist policies. The international community should jointly safeguard the achievements of the Second World War, including the Tokyo Trials, uphold the international order based on international law. and prevent Japan from reverting to the old and pernicious path of militarism. Against the backdrop of the current international developments marked by intertwined changes and turmoil and regional conflicts arising one after another, strengthening the prevention and punishment of crimes against humanity is both timely and of great significance. China has consistently supported the lawful punishment of the crimes against humanity, participated constructively in the deliberations within the Sixth Committee of UNGA, and submitted written government comment at the end of 2023. Here, China wishes to further emphasize the following positions. First, combating crimes against humanity must comply with the UN Charter and universally recognized principles and rules of international law. In recent years, crimes against humanity have been subject to repeated political manipulation. Under the guise of combating crime and protecting human rights, certain states have engaged in interference in international affairs and armed aggression, gravely violating the spirit of international law. We recommend that the draft articles further emphasize respect for the sovereignty and territorial integrity of states, the prohibition of the use or threat of use, and non-interference in internal affairs as principles of international law. It should also reflect the customary rules of international law such as respect for the judicial immunity of state officials. Second, the definition of crimes against humanity is one of the core issues of negotiation and should not be simply transposed from the Rome Statute of the ICC. Over one third of the world's nations are not parties to the Rome Statute, meaning its definition does not represent a universal consensus within the international community. Furthermore, definitions of crimes against humanity vary across other international treaties and instruments. The definition should be established on the basis of a comprehensive and thorough examination of state practice, broadly consolidating consensus among all parties. Third, the international cooperation in combating crimes against humanity should respect national circumstances and differences in legal systems. Flexibility. And inclusiveness should be demonstrated on contentious issues, such as whether all specific offenses under crimes against humanity should be exempt from statute of limitations, and whether criminal liability of legal persons should be established in domestic law. These matters should fully respect for national legal system and discretionary powers. Chair, China wishes to emphasize that as mentioned by G resolution 79/122, the discussions of the preparatory committee and the working group do not constitute formal treaty negotiations. The existing draft articles are not a zero draft of the convention either. The views expressed and amendments submitted by member states. Should serve as an important foundation and reference for future treaty negotiations. Convention negotiations constitute an intergovernmental process that must fully respect member state sovereignty and reflect the state-driven nature. NGO participation should comply with relevant UN procedural rules and customary practices. Their mandates and activities. Must be closely linked to combatting crimes against humanity and must not be used as a pretext to interfere in national internal affairs or undermine national sovereignty. All parties should determine NGO participation on the basis of consensus. Chair. The formulation of convention on crimes against humanity is of vital importance to the collective interest of international community and represents a major systematic undertaking. All parties should approach this work with a sense of responsibility, respect each other's legitimate concerns, and strive to achieve broadest possible consensus. China stands ready to work with all parties. To advance international cooperation in combating crimes against humanity, jointly promote world peace, and uphold international equity and justice. Thank you, Chair. Chair [42:40]: I thank the distinguished representative of China for his statement, and I give the floor now to the distinguished representative of Ethiopia. You have the floor. Ethiopia [42:51]: Thank you, Mr. Chair, and I congratulate you for being elected as chair of this preparatory committee. At the outset, Ethiopia would like to express its strong commitment to the promotion and protection of human rights and to the prevention and punishment of crimes against humanity, and stresses that impunity for the gravest crimes of concern to humanity must not be tolerated. Ethiopia also recognizes the importance of further discussions and exchange of substantive views on the ILCD draft articles for a possible coverage of positions on the scope and application of Future instruments has done principles of sovereign equality of states and intervention in the internal affairs of states and respect for territorial integrity. Ethiopia reiterates its longstanding concern that international justice mechanisms have, in practice, been applied in a manner that disproportionately affects developing countries, particularly Africa, while similar situations elsewhere remain unaddressed. Any future legal instrument must therefore include effective safeguards against politicization and abuse. Mr. Chair, Ethiopia further underscores the importance of ensuring that the definition and scope of crimes against humanity reflect the diverse historical, social, and legal realities of all regions. The development of international norms should not be based on narrow or exclusive set of experiences. that should take into account the perspectives and the legal traditions of developing countries. In this regard, I would like to mention Ethiopia's view on the need to incorporate crimes that were committed as part of the policies of colonization, slavery, and apartheid to constitute crime against humanity. Exploitation of natural resources without proper legal frameworks concluded with elected governments on behalf of the people shall also be considered in the draft articles to constitute as crimes against humanity. The draft articles assumes that the prohibition of crimes against humanity is a preemptory norm of general international law. However, there is no general agreement on such conclusion, while there is no agreement on the elements in the legal definition of those crimes. It further recognizes the Rome Statute as a legitimate base to define such crimes, while many countries do not recognize the statute itself. Such predefined positions alert questions. We believe that the draft articles under discussion should accordingly be centered on strengthening national mechanisms, such as legal reforms, investigations, prosecutions, and judicial processes at the national level. We strongly agree with the assertion that it is the duty of every state to exercise its criminal jurisdiction on crimes against humanity. Mr. Chair, in fighting against impunity, it is necessary to have a strong legal framework that aligns with universally accepted international legal instruments. This framework should allow for the successful prosecution of those responsible, and it should prioritize the enhancement of national capabilities in investigation and prosecution. Moreover, we stress the importance of respecting state immunity, sovereignty, and non-interference in internal affairs of states. This is a fundamental principle that must be fully respected and reflected in the draft articles in line with the UN Charter. TPIA believes that the draft articles should be designed as forward-looking to administer recent and future crimes, such as cyber crimes and crimes emanating from emerging technologies, with the aim of putting in place guiding international standards for every state to exercise its criminal jurisdiction on crimes against humanity and for the purpose of strengthening cooperation in mutual legal assistance and extradition. Japan stands ready to engage constructively in future discussions with a view to ensuring that any future legal instrument enjoy broad support and truly serve the interests of justice for all. I thank you. Chair [47:28]: I thank the distinguished representative of Ethiopia for his statement, and I give now the floor to the distinguished representative of Eritrea. You have the floor, sir. Eritrea [47:41]: Thank you, Chair, distinguished delegates. Eritrea aligns itself with the statement delivered by Cameroon on behalf of the African Group. My delegation extends its compliments to you, Chair, once again. We approach these deliberations with a solemn commitment to advance a treaty that ensures meaningful accountability for the most serious crimes under international law, while safeguarding the integrity of the international legal order by finalizing a widely acceptable, unambiguous, consolidated text for a new international criminal justice framework. It is, however, as we mentioned earlier this morning, deeply concerning that the process before us has already been marked by selective approaches and procedural inconsistencies, including in the establishment of the Bureau. Such practices undermine the credibility of this forum and reflect a broader pattern of inconsistent treatment of International Law Commission products, which is too often motivated by political interest. The ILC's work must not be subjected to such double standards. Moving forward, correcting this imbalance is essential. We must focus on genuinely improving the substance of the draft articles. This first session of the Preparatory. Committee provides an opportunity to exchange views within the working group format, as envisaged by resolution 79/122. Now, turning to Eritrea's key priorities, at the heart of our engagement, we hope to see a solid foundation of respect for the sovereign equality of all states. Jurisdictional provisions must be clear, precise, and must not create avenues for the exercise of extraterritorial jurisdiction that infringe upon the sovereignty of the state where the offense occurred. The primary responsibility for prevention and punishment rests with national systems, acting in accordance with the domestic law and without external interference. Second, the principle of non-interference in internal affairs must be unequivocally upheld. The draft of articles rightly focus on prevention and punishment. Measures for prevention must be carefully crafted to avoid being misinterpreted. as legitimizing interference in the internal affairs of states. Cooperation must be cooperative, consensual, and based on mutual respect, not unilateral imposition. Third, the fight against impunity loses all moral authority if it is applied selectively or used as a tool for political objectives against particular states or regions. Africa has experienced this directly. Therefore, we must incorporate robust and unambiguous safeguards against extradition or prosecution requests that are politically motivated, discriminatory, or form part of a pattern of selective justice. Fourth, immunities of state officials under customary international law are fundamental. the stability of international relations. The future convention must reflect these immunities. Fifth, for the treaty to garner broad acceptance, it must respect the legal position of all states. Applying the Rome Statute definition uniformly would disregard the foundational requirement of consent for non-parties like my own country. Chair, in closing, Eritrea supports an international justice system that serves all peoples and nations equally. We will work toward a balanced and widely acceptable treaty, one that respects state sovereignty and legal diversity. We look forward to engaging constructively to refine the draft articles accordingly. Thank you, Chair. Chair [52:27]: I thank the distinguished representative of Eritrea for his statement, and I give the floor now to the distinguished permanent representative of Iraq. You have the floor, sir. Iraq · Permanent Representative [52:41]: Chair, allow me to begin by congratulating you on your election to lead this important committee. I'd like to begin by expressing our appreciation for the efforts made to conclude an international convention addressing crimes against humanity in all of their forms. By codifying stable international rules and and to prepare new rules that should enjoy the acceptance of all Member States based on the mandate under resolution 79/122 entitled "Preparatory Committee for the Conference of Plenipotentiaries of the United Nations on the Prevention and Punishment of Crimes Against Humanity." In this regard, we welcome the efforts of the International Law Commission in the codification and development of relevant rules of international law and for its submission in 2019 of draft articles on the prevention and punishment of crimes against humanity. These draft articles represent a good starting point for the ILC's mission, which is to prepare a draft convention. Nonetheless, we must stress the fact that this must not be the sole source in this area. Rather, we must broaden the scope of negotiations to encompass all relevant international practices and the positions of Member States that have been expressed very clearly by Member States during the meetings of the Sixth Committee. this so as to achieve an effective text that will allow us to effectively address the aforementioned crimes. Indeed, the formulation of any new rules should be based on a robust, reliable foundation, achieving an effective convention for the prevention and punishment of crimes against humanity, which would also be able to be implemented by states in accordance with their national systems. The synergies between national and international efforts here should represent a priority that all necessary attention should be granted to when we draft the provisions of this convention, Chairman. Iraq's approach to crimes against humanity is informed by a very painful experience. Our citizens were indeed the victims of crimes against humanity perpetrated by Daesh, a terrorist group in Iraq. Accordingly, my government renews its commitment to cooperate with the international community to combat crimes against humanity, to hold perpetrators accountable, and to guarantee international peace and security. This is because we are convinced that this goal can only be achieved through sincere collective efforts, supported by a legal framework that regulates cooperation mechanisms and enhances those cooperation mechanisms, making individual efforts even more effective. This is particularly essential in terms of criminalizing crimes against humanity and encouraging states to not allow their territories to be used as the basis for perpetration of such crimes. Thank you. Chair [56:48]: I thank the distinguished Permanent Representative of Iraq for his statement, and I give the floor now to the distinguished representative of Portugal. You have the floor, sir. Portugal [57:00]: Thank you, Mr. Chair. I would like to begin by congratulating you and, hopefully soon, the other members of the Bureau for your election. We are truly in good hands. Portugal aligns itself with the statement delivered early today on behalf of the European Union and its Member States. Mr. Chair, we meet today at an historical moment, a moment that amplifies the voices of those, as us, who affirm that there is no alternative to international order based on the rule of law, an order where the authority of international law prevails over the might of the sword and of the powerful few. Today is a moment to celebrate what States, united in a common endeavour, can indeed accomplish. Today is a moment of hope. Mr. Chair, the commencement of negotiations that will lead to a convention on crimes against humanity marks not only the beginning of a new phase in this process, but also the culmination of a long and unfinished journey toward justice and accountability. That journey began almost 81 years ago at Nuremberg, where the international community first confronted the gravity of crimes that shocked the conscience of humanity. Yet a dedicated, comprehensive convention on crimes against humanity has long remained absent from international legal architecture. We are called to fill this gap. Mr. Chair, This process is also a milestone for the United Nations, including for the Sixth Committee of the General Assembly. Portugal welcomed the adoption of the General Assembly's groundbreaking resolution 79/12. Portugal was honored to chair the Sixth Committee during the resolution negotiations, and once again my delegation wishes to thank all Member States for their constructive and committed engagement. We wish to pay sincere tributes to International Law Commission and to the Special Rapporteur for the topic, Mr. Sean Murphy, whose draft articles form the basis of our work. For decades, the Commission has played an indispensable role in clarifying, systematizing, and advancing international law. Its contribution to this project reflects its expertise, independence, and commitment to the common interest of international community. It is therefore essential. that the Commission continues to receive the adequate resources and institutional support necessary to fulfill its mandate, a mandate that remains as vital today as ever. Mr. Chair, we are undertaking these negotiations in a time of chaos, to which the Secretary-General alluded just last week. A time when the world is facing grave challenges, including armed conflicts, mass atrocities, and a troubling erosion of respect for international norms. A convention on crimes against humanity will reaffirm our collective resolve to accountability, prevention, and the protection of human dignity. Mr. Chair, Portugal's approach to the process that begins today is simple. My delegation will continue engaging and contributing actively so that the Preparatory Committee can advance its mandate in a balanced and practical manner, allowing for concrete progress on the negotiations of a convention on the prevention and punishment of crimes against humanity. As we enter this crucial stage of negotiations, we call on all States to engage constructively, in good faith, and in a spirit of cooperation. This is a shared responsibility and a shared opportunity. We owe it to the victims past and present, and to future generations. Mr. Chair, our work and engagement today will be judged by history tomorrow. The honor of the mission vested upon us is only overshadowed by the immense responsibility it carries. Let us raise to the occasion together. I thank you. Chair [1:01:28]: I thank the distinguished delegate of Portugal for his statement, and I give the floor now to the distinguished representative of Singapore. You have the floor, sir. Singapore [1:01:39]: Thank you very much for giving me the floor, Mr. Chairperson. Singapore congratulates you on your election and wishes to express our support for your leadership. Crimes against humanity are among the most serious crimes of concern to the international community. It is imperative that the international community works together to end impunity for perpetrators and provide justice for victims. Singapore reiterates its appreciation to the International Law Commission for its work on this important topic, which resulted in the Commission's draft articles and commentaries on prevention and punishment of crimes against humanity. In 2024, the 79th session of the Sixth Committee, Singapore actively supported engagement, flexibility and compromise, and worked with many delegations to preserve the Committee's tradition of decision-making by consensus in establishing the present process for negotiations of a Convention on Prevention and Punishment of Crimes against Humanity. Singapore wishes to reiterate that it is important that the substantive outcomes of the Conference of Plenipotentiaries adopted by consensus, to achieve a convention that gains wide acceptance and implementation, and allow international law to develop in a manner that is inclusive and unfragmented. Our work in this Preparatory Committee must facilitate and support this goal of consensus-based outcomes for the Conference. Singapore looks forward to working constructively and collaboratively with all other delegations in the Preparatory Committee. Thank you very much for your attention. Chair [1:03:05]: I thank the distinguished representative of Singapore for his statement, and I give the floor now to the distinguished representative of Indonesia. You have the floor. Indonesia [1:03:19]: Thank you, Mr. Chair. At the outset, we wish to congratulate you for the appointment. Rest assured, our full support for your able leadership in this regard. Indonesia welcomes the convening of the first preparatory committee of this conference. We participate with a strong sense of responsibility, mindful of both the gravity of crimes against humanity and the broader condition of the international legal order today. Worth highlighting that these deliberations take place at a moment of profound strain on international law and humanity. The credibility of international legal order has been challenged by unilateral approaches, inconsistent accountability, and weakening trust in multilateral frameworks. In this context, Indonesia strongly believes that efforts to elaborate a convention on crimes against humanity must contribute to restoring faith in international law, not further fragment it. The preamble of our constitution affirms that Indonesia has a responsibility to contribute to a world order based on freedom, lasting peace, and social justice. Against this backdrop, we wish to underline the following key points. First, Indonesia reiterates the pertinence of maintaining a principled balance between international and national legal systems. National jurisdictions must remain the primary locus for the prevention, investigation and prosecution of crimes against humanity. Any international framework should be complementary in nature, designed to assist and reinforce domestic legal system, rather than override sovereign responsibility or substitute national process. A future convention must be fully consistent with the Charter of the United Nations, including the principles of sovereign equality, non-interference and territorial integrity. Second, inclusivity must guide both the substance and the process of this Preparatory Committee. Diverse legal traditions, historical experiences and institutional capacities should be reflected meaningfully in the text. We found that the draft articles have been deliberated in lengthy process, yet it remained crucial to take a look further, including on obligation of prevention, extradition, and mutual legal assistance. Equally important, the text also need to include a robust formulation on the promotion of international cooperation and capacity building as preventive instruments. Third, Indonesia stressed that justice must be impartial and non-selective. Crimes against humanity must never be addressed through double standards or politicized application. The credibility of any future convention will depend on its equal applicability to all, its adherence to due process, and its firm grounding in international law. In closing, Indonesia stands ready to engage constructively and in good faith with all delegations. We look forward to contributing to an outcome that responds to the current crisis of international law by reinforcing justice, respecting sovereignty, and renewing confidence in multilateral legal cooperation. I thank you, Mr. Chair. Chair [1:07:17]: I thank the distinguished representative of Indonesia, and I give the floor now to the distinguished representative of Nigeria. You have the floor. Nigeria [1:07:31]: At the outset, Nigeria extends its warm congratulations to you, Chair, on your election to steer the affairs of this first session of the Preparatory Committee. And we assure you of Nigeria's constructive engagement and full support throughout the session. Nigeria aligns with the statement delivered by the delegate of Cameroon on behalf of the Africa Group and seeks to make the following in our national capacity. For too long, crimes against humanity have remained the only core international crime without a dedicated and comprehensive legal instrument for holding perpetrators to account. Nigeria views this process not merely as a legal exercise, but as a moral imperative to close the gap in the international legal architecture and to send an unequivocal message that impunity for the most heinous crimes will not be tolerated. Chair, my delegation commends the International Law Commission for its diligent work on the draft articles. We believe the draft articles provide a robust and solid foundation for our work and look forward to engaging in substantive textual discussions to refine the draft articles, bridging the gaps where they exist and working towards a diplomatic conference that produces a convention with the widest possible acceptance. We commit to a convention that is pragmatic, universally acceptable and effective. While we reserve our right to provide concrete proposal for amendment of the draft articles ahead of the deadline of April 2026, my delegation would like to provide, in line with the mandate of this PrepCom, our initial commentaries on some of the ILC draft articles. Nigeria takes note of the draft provisions of the preamble, but we believe most of the paragraphs require slight modifications to bring it in line with the UN Charter and the emerging trends in international criminal justice administration. We also see merit in reflecting the historical injustices, including slavery and slave trade, colonialism, damage to cultural heritage, and all forms of economic exploitation. As the success of a treaty on crimes against humanity is intrinsically linked with the capacity of domestic institutions to prevent, investigate and punish these crimes, there is need to have a reference to capacity building in the preamble. Mr. Chair, we express our support for a broad scope that will cover all dimensions and manifestations of crimes against humanity. And in this regard, we recommend the inclusion of an interpretative note to indicate that the draft articles will also apply to continuing consequences of crimes whose unlawful effects persist. Regarding definition, Nigeria welcomes the current list of prohibited acts in the draft ILC articles and the reference to the Rome Statute. However, we are open to the expansion of the list to include other egregious crimes against humanity that have not been contemplated. Nigeria favors an approach that prioritizes prevention, accountability of all crimes against humanity, and restitution for victims. We further reiterate our support for the position of the African group to include slave trade as a crime against humanity. We all recall the evil of slavery and slave trade and the structural institutional consequences which continues to affect the African continent and the people of African descent, as well as other peoples affected by the heinous inhuman acts perpetrated in the history of humankind. These crimes, including the dreaded experience of colonialism and exploitation of natural resources, were not captured in either the Convention on War Crimes or Genocide. But this is a great opportunity to rewrite Africa's painful and dark stories. History will never forgive us to forget again to include these crimes in the Convention as crimes against humanity. My delegation is therefore expanding the scope of the request to demand the inclusion of colonialism and exploitation of mineral resources as crimes against humanity. Chair, it is noteworthy that draft Article 3 on general obligations is largely modeled on Article 7 of the Rome Statute. As a state party to the Rome Statute, Nigeria values legal consistency and certainty. We believe that diverging significantly from the Rome Statute definitions could lead to fragmentation in international law and operational difficulties for national prosecutors. Furthermore, Nigeria expresses its full support on linking Article 3, paragraph 1 of the draft articles to national obligations of states. We do not agree with the proposal to retain the last two paragraphs of Article 3 as it might create a legal gap that could be exploited. We must respect the principle of non-interference in internal affairs of states. In this connection, Nigeria calls for a reference of the principle of non-interference as contained in the UN Charter in draft Article 3 of the future convention. The reference to other organization in draft article 4, paragraph B on obligation of prevention must be clearly defined. It is our considered view that cooperation as a reference in this draft article should not be construed as conferring obligations of states on organizations. Chair, we also welcome the provision of article 12 on the rights of victims to obtain reparation for materials and moral damages on all the forms. including restitution, compensation, satisfaction, rehabilitation, which are not exhaustive. My delegation also proposes to include reparations for materials, especially for victims of historical injustices. We are also disposed to a mechanism for timely payments to victims of crimes against humanity, including criminal proceedings for defaulters. Nigeria continues to favor a process that takes into account the different views, comments, and observations expressed by member states and groups, including perspectives submitted as part of the ongoing process of collecting views on the draft articles ahead of the forthcoming negotiations. We consider this approach the best expression of the decision of the General Assembly Resolution 74/247 of 30th December, 2022. To conclude, Mr. Chair, Nigeria is ready to engage productively in this process and subsequent diplomatic conference with the aim of developing a global instrument that is fair, balanced, and enjoys the widest possible support. The world indeed needs a convention to criminalize crime against humanity, and the only way we can achieve our goal of preventing and punishing these heinous crimes is to be transparent and inclusive in the future convention. I thank you. Chair [1:14:25]: I thank the distinguished representative of Nigeria for his statement, and I give the floor now to the distinguished representative of Algeria. You have the floor, sir. Algeria [1:14:37]: Thank you, Mr. Chair, for giving us the floor. At the outset, we would like to congratulate you for assuming the chairmanship, and we reiterate our support for you. Our delegation aligns itself with the statements of Cameroon on behalf of the African group and Jordan on behalf of the Arab group, respectively, and we would like to. deliver this statement in our national capacity. We are honored to participate in the work of the first session of the preparatory committee for the United Nations Conference of Plenipotentiaries to elaborate a legally binding instrument on preventing and punishing crimes against humanity in line with General Assembly Resolution 79/122. We reiterate our principled support for this negotiation path as an important step to enhance the international legal framework to address impunity regarding the most serious crimes that are a concern for the entire international community and which threaten international peace and security. In line with our firm principles in supporting international justice and advancing the rule of law, we see that the success of this path necessitates adopting an approach that is consensual, inclusive and transparent, and the adoption of a comprehensive approach that takes into consideration balance between enhancing accountability and respect for the main principles of the UN Charter without selectiveness, especially state sovereignty, equal sovereignty, non-interference in internal affairs, and people's right to self-determination. In this context, we find that the draft articles proposed by the ILC can constitute a basis for discussion. However, they require more scrutiny and review during the preparatory phase in order to ensure that they are in line with international law rules and the comments and concerns of States. As we have previously said in previous meetings within the Sixth Committee, we would like to reiterate the need to reach a precise and consensus-based legal definition of the concept of crimes against humanity in order to avoid divergent interpretation that is not consensual or that may be politicized. to respect complementarity between national and international judiciary, while acknowledging the preliminary role for a national judiciary and accountability, while encouraging bilateral cooperation and regional cooperation for mutual legal assistance and the extradition of criminals, taking into account customary international law, including in relation to the immunities of state officials. establishing clear, reliable and effective mechanisms for dispute settlement in order to ensure the implementation of the instrument effectively and to ensure legal certainty, enhance prevention and victim protection. My delegation will provide written comments to the Legal Affairs Office regarding the draft articles proposed by the ILC before the deadlines. Mr. Chair. Algeria reiterates the importance of not ignoring crimes committed against people under foreign occupation or as part of their legitimate struggle for self-determination. We reiterate that any international effort to combat crimes against humanity and punish these crimes will remain lacking if it does not take into account historic crimes committed in the context of colonization, slavery, and racial discrimination, and the ongoing effects that that have diminished the rights of victims to the truth, recognition, justice and reparations. In conclusion, we reiterate that we stand ready to continue engaging in the work of this preparatory committee and in subsequent stages of the negotiation process in a spirit of openness and responsibility to contribute to formulating a just and balanced international agreement that is widely accepted by States and effectively enhances international efforts to prevent and punish crimes against humanity within the framework of full respect for international law. Thank you. Chair [1:19:45]: The distinguished representative of Algeria for his statement. I give the floor now to the distinguished representative of France. Madam, you have the floor. France [1:19:57]: Thank you, Mr. Chairman. Chairman, France would like to associate itself with the statement made by the European Union and would like to make the following statement on national capacity. France reiterates its full support for the current process in order to elaborate a convention for the prevention and punishment of crimes against humanity. and which is an essential element to strengthen the system of international criminal justice. With the conference of plenipotentiaries, we come to the end of a process that has lasted for a century because in 1924, crimes against humanity were mentioned for the first time at the assembly of the League of Nations. The emergence of the notion of crimes against humanity comes from a fundamental idea that the well-being of an individual is the ultimate goal of all law to, quote, the person who originated the notion of crimes against humanity in international law, motivated by justice that this notion was introduced in the statutes of the Military Tribunal of Nuremberg in 1947. This was the first legal text that defined crimes against humanity, and it was also present in the statute of the Tokyo Tribunal. The importance of these tribunals, both for history and for international criminal law, cannot be underestimated. In the words of Robert Jackson, the main prosecutor of the Nuremberg Tribunal, "This tribunal made it possible to substitute law for vengeance," and thus pay the most important tribute that the winning powers could pay to reason. In spite of the fundamental step taken by the Nuremberg and Tokyo tribunals that have pronounced the first convictions for crimes against humanity, there is still no universal convention dedicated to the prevention and punishment of crimes against humanity and the promotion of cooperation in this area, and this must be remedied now, Mr. Chairman. As atrocities increase around the world and we witness numerous violations of international law, this convention is more necessary than ever. It is part of a vision of an international order based on law. France would like to underscore the very important work of the International Law Commission, and in particular of Sean Murphy, its rapporteur on crimes against humanity, in the process of the elaboration of this convention. Beyond the fact that this convention will make it possible to refocus attention on prevention and punishment, it will help States to adopt and harmonize their national legislation in the area, thus opening the path towards a more effective cooperation in the area of prevention, investigation and prosecution in this area. This preparatory committee is a very important opportunity to go forward and to appropriate the work carried out by the International Law Commission by taking discussions in the resumed Sixth Committee. France also would like to underscore that the International Criminal Court, which is the first standing criminal jurisdiction that is universal, plays a key role in trying role in judging crimes that affect the international community while allowing national jurisdictions the obligation of judging these crimes first. France welcomes that the draft articles are inspired by the Rome Statute. However, we'd like to underscore that this should not be a factor of division among states parties and states non-parties to the Rome Statute. All participation in the process underway and then in the Convention does not imply becoming a party to the Statutes, even if France will continue to promote their universalization. France, furthermore, recalls the importance of ensuring coherence between the future convention and other existing texts, the Statute of Rome, but also the Ljubljana and the Hague Convention for International Cooperation in the Area of Investigation and Punishment of Crimes of Genocide, Crimes Against Humanity, War Crimes, and Other International Crimes adopted in 2023. If during the debates during the Sixth Committee While divergences arose about the draft articles, there was a consensus on the importance of preventing and punishing crimes against humanity. We must take advantage of this opportunity during these two weeks to discuss in a constructive way these draft articles and have an exchange of views on the methods of work on the Conference of Plenipotentiaries, in particular as far as the fundamental issue of the participation of civil society. You can count on the wholehearted support of France in this process to arrive at the adoption of an international and universal convention on the prevention and the punishment of crimes against humanity. Thank you very much. Chair [1:25:08]: I thank the distinguished representative of France for her statement, and I give the floor now to the distinguished representative of the United Kingdom. You have the floor, sir. United Kingdom of Great Britain and Northern Ireland [1:25:19]: Mr Chair, let me begin by congratulating you again on your election and expressing the United Kingdom's sincere appreciation to you for your efforts in facilitating this session. We would also like to take this opportunity to thank the special rapporteur, Mr Sean Murphy, for all his hard work on this important issue. The decision to agree the convening of a conference and this preparatory committee to negotiate a legally binding instrument to prevent and punish crimes against humanity reflects our shared commitment to advancing international law and co-operation. It also sends a strong signal of unity, resolve and collaboration in tackling atrocity crimes. The United Kingdom agrees with the sentiment expressed by other states today in that we continue to consider that the International Law Commission's draft articles constitute an excellent basis for a convention. We have been greatly encouraged by the active engagement of states from all regional groups in the process to date. This provides a strong basis to embark on substantive negotiations. We reaffirm our commitment to working transparently and collaboratively to expand that support. In that context, we welcome the convening of this first preparatory committee to discuss the draft articles and related procedural matters and to continue to build consensus and clarity. Although we recognise that certain substantive issues elicit differing views among member states, We continue to firmly believe that such divergences can be addressed through constructive dialogue and negotiation. The United Kingdom is pleased to have a further opportunity to discuss this important topic and hear the views of others. We are ready to continue to engage constructively and in good faith, with a view to the eventual agreement of a convention that enjoys the broadest possible support. and which also reflects our shared views and strengthens the international legal framework for the protection of humanity. Chair [1:27:36]: I thank the distinguished representative of the United Kingdom for her statement. I give the floor to the distinguished representative of the Gambia. Gambia [1:27:46]: Thank you, Chair. The Gambia congratulates you for chairing this important preparatory committee and assures you of our full support throughout the course of this process. Chair, distinguished delegates, the Gambia aligns with the statement delivered by the distinguished representative of Cameroon on behalf of the African group, and accordingly, we wish to make the following statement in its national capacity. At the outset, allow me to express appreciation for the convening of this Preparatory Committee, pursuant to the decisions of the General Assembly in resolution 77/249 and 79/122, which established the current process for the consideration of a convention on the prevention and punishment of crimes against humanity. Chair, The Gambia maintains strong commitment to the international effort to address atrocity crimes and reaffirms its steadfast dedication to ensuring accountability for the most serious crimes of global concern, including crimes against humanity. As we deliberate on the significance of this historic moment and cognizance of the ripple effects of the devastating consequences of crimes against humanity to the international community, The Gambia believes that this is a pivotal moment in history. And we must turn as to support all those who have endured the horrors of genocide, sorry, the horrors of crimes against humanity, to those who survived it, and to the generation of people who forever remain impacted. This preparatory committee has been mandated to facilitate consultations on the draft articles to enable governments to prepare proposals for amendments and to consider organizational and procedural matters relating to the conference, addressing a longstanding gap in the international legal framework. While genocide and war crimes are governed by dedicated treaty regimes, crimes against humanity, despite their central place in international criminal law, remain without a universal convention addressing prevention, punishment, and interstate cooperation. The Gambia, as a signatory to the Rome Statute, supports using Article 7 as a foundational reference, particularly given that the provisions on crimes against humanity within the Rome Statute resulted from thorough and multilateral intergovernmental negotiations preceding and during the Rome Conference. Article 7 of the Rome Statute of the International Criminal Court offers a comprehensive and widely recognized definition which aligns with customary international law. We do, however, welcome all divergent views in this process for states that are not parties to the Rome Statute. In addressing the need for a coherent, globally accepted definition of crimes against humanity, the draft articles expanded the legal framework, addressing matters that are not contemplated in the Rome Statute, in particular the horizontal obligations of states. Whereas the Rome Statute primarily governs the relationship between the Court and State parties, the draft articles regulate obligations of prevention, criminalization, jurisdiction, extradition, and mutual legal assistance among States themselves. It should not be overlooked that the ILC draft articles contains important duties for states to protect the rights of victims, to carry out investigations, and to take preliminary measures when an alleged offender is present on a state's territory, and of course, the duty to submit the case to its competent authorities for the purposes of prosecution, and if needed, to extradite or surrender the person to another state party willing and able to prosecute. In this respect, the draft articles complement existing international criminal law instruments and strengthen national legal frameworks. for states that are parties to the Rome Statute, including The Gambia. This complementarity reinforces commitments already undertaken and enhances the effectiveness of international criminal justice through domestic implementation and inter-state cooperation. As the first country to initiate proceedings under Article 9 of the Genocide Convention at the International Court of Justice, The Gambia firmly believes in upholding accountability for atrocity crimes. In this regard, we support clear provisions in observance of strong accountability measures for crimes against humanity, given their grave nature, similar to what is established in Article 4 of the 1948 Genocide Convention. Further provisions that could be included concerns a monitoring body to ensure that states may hold each other accountable to the commitments made in the future treaty. Chair, the current process is of particular importance to the Gambia and other states of the African group. African states, especially within the framework of the African Union, have consistently emphasized the need for international criminal law to support domestic capacity, prevention, and national ownership, while reflecting historical experience and contemporary realities, and avoiding double standards and selectivity in application. In this context, and as highlighted in the African group statement, several African states have drawn attention to the contemporary manifestations of slavery and slave trading as crimes against humanity. While such conduct may be reflected in the Rome Statute, specifically in the form of enslavement as a crime against humanity under Article 7. Proposals advanced in this process underscore the importance of ensuring clear, effective, and enforceable treatment of such practices within the framework of a future convention. In the view of the Gambia, the ILC draft articles therefore provide a sound and balanced basis for further negotiations. They reflect existing international law, fill a recognized normative gap, and offer a framework capable of broad acceptance. Nonetheless, And considering that the resolution that led to this process clearly envisaged the aim of developing an instrument that enjoys the broadest possible support, we further welcome the expansion of the scope beyond what is established in the ILC draft articles. In this regard, we continue to reflect on the different proposals emanating from several deliberations by member states and all interested parties as an important step to advance the discussion, to ensure appropriate action is taken to advance justice for all victims of crimes against humanity. Chair, as preparations continue towards the diplomatic conference, it will be important to maintain an open, constructive, inclusive and transparent process, with due regard to the views expressed by all regions and members of the civil society. This is a significant international matter, and there is a lot of attention on it. Impacted communities expect decisive action from us. The importance of the situation is substantial, and the recommended course is well defined. As The Gambia expresses its unwavering commitment to this process, We also call for concerted efforts towards an elaborate convention that delivers justice and provides greater legal certainty and stability to tackle the horrors of crimes against humanity. I thank you, Chair. Chair [1:33:49]: I thank the distinguished representative of the Gambia for her statement, and I give the floor now to the distinguished representative of Colombia. You have the floor, madam. Colombia [1:34:01]: Thank you, Chair. Today's meeting stands at a crucial time for humanity. The complex current situation in various regions of the world has cited some voices to put into doubt not only the effectiveness of the international system, but also the value of multilateralism. Therefore, we are facing the overwhelming need to address the scourge that has marked our history with suffering and pain, that is, crimes against humanity. History has taught us that indifference to these crimes perpetuates a cycle of violence and suffering. The lack of a robust legal framework would not only be a moral failing, but also run counter to our principles as the international community. More than 20 years have passed since the Rome Statute entered into force, and at the time it was celebrated as one of the most crucial achievements of the international community, both within the scope of diplomacy and the international community. The principles of the Rome Statute are the reflection of the international community's determination to prosecute the most serious crimes of the international community, but this needs to be supported by an appropriate legal framework for the full punishment and prevention of these crimes, which represents the obligation incumbent on all states. Despite the serious nature of crimes against humanity, they continue to lack a legal framework, represented rather by customary norms and unequal regulations, as well as ad hoc legal frameworks. This fragmentation weakens prevention, it hampers prosecution and legal certainty. The lack of specific treaty provisions in this area has historically hindered the investigation and effective prosecution of crimes against humanity, particularly when they involve transnational elements. An dedicated instrument would allow us to overcome these limitations, facilitating extradition, the exchange of information and evidence, and other forms of crucial cooperation to ensure that those responsible for these crimes do not benefit from legal loopholes. The draft articles on crimes against humanity provided by the ILC represents an opportunity to strengthen the legal framework and to respond to the demands for justice from millions of victims around the world. It represents not only a set of legal recommendations, but also a call for action, a roadmap towards justice and reparation to ensure effective prosecution of these crimes through measures at the national level and also strengthening international cooperation and legal assistance. It falls to us now as states to prepare and strengthen this framework in light of the current challenges to international criminal law. One additional aspect that my delegation would like to highlight is that crimes against humanity play a crucial role in the general framework in combating impunity and ensuring accountability for the most serious crimes on the international scale. The reason for this is that the category of this crime, such as genocide or war crimes, often for very different reasons, present great difficulties in their prosecution. In the case of genocide, it is well known that proving intention is very complex, as we can be seen in the practice of international tribunals that have faced this phenomenon, not only in ensuring individual legal liability, but also in the liability of the state under the Convention on Genocide of 1948. In the case of war crimes, while they are a very well developed legal concept at an international level, very often it is very difficult to ensure an adequate legal response in widespread violations. Indeed, in a specific situation, if it is not possible to demonstrate the existence of an armed conflict in the terms of international humanitarian law, the trial of perpetrators is seriously limited or demands recourse to conventional crimes such as murder. This is one of the reasons that why this was one of the innovative parts of crimes against humanity, which is one of the things that we're looking at today. None of these limitations can be seen in crimes against humanity, in which we see different concepts such as systemization and the scale of the crime. In many cases, as we've seen over history, the only real chance for a community to punish the perpetrators of atrocities is to prosecute them for crimes against humanity. This is one more reason that means that discussions on this convention are so important to ensure that crimes like this can be prosecuted and punished, and this is why this is a crucial step forward in crimes that afflict the international conscience. Chair, crimes against humanity, by their very nature, attack the very essence of our shared humanity. This was the Colombian case as well. The aggression that led to the conflict, which affected all of our community, but particularly our judicial authorities. However, thanks to the cooperation that we received from the international community, we were able to make successful headway in the investigation and move down the path that we are currently on. Overcoming these challenges, we have first-hand experience that we lack a specific international instrument on this area. This is a legal vacuum that we need to fill so as to strengthen international criminal law. In our view, the draft articles provide a good starting point to ensure that we have a clear, coherent legal framework. We believe, however, that it's important to continue to develop a few additional elements in light of current dynamics, particularly, for instance, the gender approach that would allow us to effectively reflect the concepts of victimization and others as they are related to crimes against humanity. I would like to conclude with some lessons from the past. We need to use the time that we have in these weeks to advance in our discussions so that we can then begin negotiations on the convention in a substantive, inclusive, and results-oriented fashion. This gives us an historic opportunity to show that the international community can join around a common aim to close an unacceptable legal loophole. in deed and not only in words, strengthen the protection of human dignity through international law. Thank you. Chair [1:41:44]: I thank the distinguished representative of Colombia for her statement, and I give the floor now to the distinguished representative of Brazil. Brazil [1:41:54]: Thank you, Mr. Chair. Allow me to salute you, as well as Professor Sean Murphy and the distinguished colleagues on this important occasion. After so many years without consensus in the General Assembly on a negotiating mandate for a universal convention on such an important subject, there is all the more reason to welcome the opening of this session, especially in light of the challenging context currently facing the multilateral system. It is reassuring to know that when confronted with shared challenges, The international community finds it worthwhile to reaffirm its commitment to the pursuit of common solutions grounded in cooperation and the rule of law. Mr. Chair, the obligation to prevent and punish crimes against humanity goes hand in hand with the obligation to respect and ensure respect for human rights so as to avoid impunity for grave violations. As members of the international community, we must engage accordingly. On the basis of this necessary cooperation, Brazil considers it crucial that the negotiation of a convention on crimes against humanity be guided by three fundamental approaches. First, we must keep a firm commitment to the principles of the Charter of the United Nations. It is essential that the preparatory work and the final instrument reflect the full respect for core principles such as cooperation and non-intervention. Second, and as a consequence, it is necessary to depoliticize our debates as much as possible so that our collective endeavour aimed at preventing and punishing crimes against humanity prevails over any lesser divisions. Third, we must keep in mind our purpose of enhancing legal certainty through harmonization. In light of this task, it is essential to give due consideration to customary international law, existing international criminal law and human rights treaties, and decisions of international courts and tribunals applicable to the prevention and punishment of crimes against humanity. In order to move forward in a pragmatic and constructive way, it will be necessary to seek to build upon existing frameworks rather than fragment them. Mr. Chair, just as we are not starting from scratch, we must make clear that sets of rules falling outside the scope of the conference will not be affected by the conclusion of a future convention on crimes against humanity. It is also key to avoid a new instrument encompassing acts that under international criminal law would not be regarded as properly falling within the concept of crimes against humanity. Finally, we must take into account that a future convention must be designed for application by the domestic criminal courts of states which are subject to principles such as the strict legality. Accordingly, not all provisions contained in the statutes of international criminal courts would be automatically transposable to the future convention without appropriate adaptation. Brazil believes that such guiding parameters would assist us in looking to the horizon with our feet firmly on the ground and in moving forward in a constructive and responsible manner, building upon the International Law Commission's draft articles. Without prejudice to submitting revised proposals to the Secretary-General by the end of April, the Brazilian delegation looks forward to sharing its views on the draft articles over the course of these two weeks. We stand ready to contribute to bridging differences and to fostering a constructive atmosphere in preparation for the much-anticipated Diplomatic Conference on Crimes Against Humanity. The success of our common endeavour will depend on our collective commitment. As always, you can count on Brazil. I thank you. Chair [1:46:10]: I thank the distinguished representative of Brazil for his statement, and I give the floor now to the distinguished representative of Serbia. You have the floor. Serbia [1:46:22]: Thank you, Mr. Chair, distinguished delegates. It is my honour to participate actively in this Preparatory Committee on behalf of the Republic of Serbia with a view to achieving our common goal to be fully prepared for the conference on one of the most important issues of contemporary international criminal law. The draft articles on the prevention and punishment of crimes against humanity, together with commentaries, prepared by the International Law Commission, constitute a starting point for discussion. However, In their present form, they are not acceptable and require substantial and comprehensive amendments in all parts, including the preamble section, the definition of crimes against humanity, and of the individual criminal acts encompassed by the crime, as well as the obligations of states and cooperation in criminal prosecution and dispute settlement proceedings. Crimes against humanity, namely certain inhuman acts committed in the context of widespread and systematic attack against the civilian population, are indisputable crimes under international law. However, the scope of crimes against humanity remains unsettled and must be clearly defined in the future convention. In this regard, it is necessary to ensure a significant degree of legal certainty. We see the role of the Preparatory Committee, as well as the forthcoming conference, not merely as codifying the practice of criminal tribunals, but thoroughly examining the nature and content of crimes against humanity and, where appropriate, even departing from the jurisprudence of criminal courts and tribunals, and particularly of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. The International Law Commission should be endorsed for the work undertaken on the topic of crimes against humanity, as well as the work of the Special Rapporteur, Professor Sean Murphy. However, the final product, namely the draft articles, does not meet the requirements of a convention that aspires to be one of the cornerstones of international justice. The objective is therefore to draft a convention that will be widely accepted as elaborated by, I believe, the delegate of Egypt. The draft of the International Law Commission is a good starting point, but only a starting point for discussion. Although it represents, in essence, an excellent doctrinal contribution, it suffers from a number of shortcomings. It is predominantly doctrinal in nature. Certain formulations do not resolve problems related to interpretation and application of crimes against humanity, nor do they eliminate significant deficiencies that have emerged in practice. Even the very concept of crimes against humanity and persecution as a crime against humanity is not defined with the precision required by criminal law. It also contains provisions or modes of formulation that render it unacceptable to a considerable number of states. Particular care must be taken, given that allegations of crimes against humanity, more than those relating to any other international crime, are susceptible to politicization. The text of the Convention must therefore define crimes against humanity and the obligations of states with utmost precision. It must be emphasized that this Convention primarily serves to establish obligations for states to undertake appropriate measures within their national legislation. Its purpose is not, in itself, to replicate the Rome Statute, which also has certain shortcomings, but in addition to codification, to contribute elements of progressive development and to clarify issues that might have remained contentious in the jurisprudence of international and national criminal courts. This convention should serve as the principal international instrument in the field of crimes against humanity, rather than the Rome Statute. The jurisdiction of the International Criminal Court is clearly far from universal. And taking into account the Rome Statute and the jurisprudence of the International Criminal Court, we must be mindful of the fact that this is a separate convention that needs to be compatible with, but not identical to, the Rome Statute. This convention may contribute to improving the understanding and perception of the crimes against humanity, even within the framework of the International Criminal Court. We have an opportunity to draft a convention that will be universally acceptable. And the consideration of the draft articles, article by article, we should not hesitate to make critical remarks on the jurisprudence of the international and national courts and tribunals. Our aim should not be to draft a convention that merely confirms the past, but one that is oriented toward the future. Many states do not include crimes against humanity as such or under that name in their national legislation. This does not mean that they do not recognize acts constituting crimes against humanity as criminal offenses, but rather they do so under different legal determinations. Crimes against humanity are composite and complex offense, and their absence under specific name in national criminal legislation does not imply the absence of criminal liability for acts constituting crimes against humanity. Unlike national legal systems, which have a well-developed systematization of criminal offenses, international criminal law lacks a comprehensive structure. Crimes against humanity serve as an umbrella term for a large number of crimes committed in the context of widespread and systematic attack against civilian population. This conference presents an opportunity to make a concerted effort to establish a clear and coherent nomenclature of crimes against humanity, and it is the opportunity we should not miss. With regard to state obligations and interstate cooperation, particular caution is required. The aim is not to draft a convention that satisfies certain doctrinal standards, but one that can be accepted by a large number of States and that will be acceptable in practice. Far-reaching innovations in the field of international cooperation in criminal matters are unlikely to find their place in this Convention, as they would risk rendering it unacceptable to many States. Nevertheless, such possibilities should be left open by offering appropriate options through different forms, which I will address with the framework of the individual clusters. Thank you for your attention. Chair [1:54:03]: I thank the distinguished representative of Serbia for his statement. And I give the floor now to the distinguished Permanent Representative Van Dore. You have the floor, sir. Andorra · Permanent Representative [1:54:14]: Thank you, Chair, and congratulations again for your election, and to Professor Murphy for serving as a special rapporteur for the ILC for this topic. You can count on the full support of this delegation. The Principality of Andorra welcomes the work of this preparatory commission and considers the drafting of a new convention on crimes against humanity, like almost everybody has already said, a timely and necessary step. This process offers an important opportunity to reinforce international legal framework and to strengthen prevention, accountability, and international cooperation. This delegation firmly believes, unlike others, that the future convention must be grounded in the Rome Statute of the International Criminal Court, which remains the cornerstone of the fight against impunity for the most serious crimes of concern to the international community. At the same time, it should complement the statute by addressing gaps that persist at the national level and by responding to evolving forms of crimes against humanity. These crimes are not static. Today, they might be facilitated by new technologies, including artificial intelligence, transnational crime networks, or prolonged situations of instability and displacement. The convention should therefore be sufficiently forward-looking to take into account emerging partners of widespread or systematic attacks against civilian populations. From Andorran perspective, special attention must be given to children, who are among the most vulnerable victims of crimes against humanity and who are too often deliberately targeted. Let us remember that today there are more conflicts than ever, and the most affected ones continue to be our children. Mr. Chairman, Andorra grants particular importance to the protection of children within the framework of this future convention. Children are disproportionately affected by crimes against humanity, notably through forced displacement, recruitment by armed groups, sexual violence, trafficking, as well as attacks on schools and essential services. These acts are not coincidental consequences of conflicts or crises, but very often strategies aimed at destroying the social fabric and the future of societies. That is why the Convention should explicitly recognize crimes that specifically or disproportionately affect children. Furthermore, Andorra considers it essential to integrate a child-sensitive approach into mechanisms for prevention, investigation and prosecution. Child victims and witnesses require specific procedural safeguards as well as effective access to justice, aimed, among other things, at avoiding re-victimization and ensuring protection and reparation. Paying particular attention to children will strengthen the preventive dimension of the Convention and help detect situations at risk of atrocity crimes at an earlier stage. This delegation, like others, believes that the participation of all relevant civil society actors, regardless of their status, should be permitted in this unique process. in order to ensure full transparency and achieve a common objective, that is, a solid, lasting instrument that protects all of us from these atrocity crimes. Mr. Chair, to conclude, from Andorra's perspective, this convention must send a clear message: crimes against humanity cannot go unpunished, and the international community has the responsibility to prevent them and to sanction them effectively. Coherence with the Rome Statute and the system of the International Criminal Court is, in this respect, essential. At the same time, the new instrument must reinforce the obligations on States at the national level, promoting effective legal frameworks and strong international cooperation. Giving special attention to boys and girls is not only a matter of protection, but one of justice and collective responsibility. Children are rights holders and represent the future of our societies. Explicitly including their protection in this convention will strengthen its legitimacy and its impact. Andorra, therefore, reaffirms this commitment to an international order based on law, human dignity and the effective protection of the most vulnerable from crimes against humanity. Thank you very much. Chair [1:58:37]: I thank the distinguished Permanent Representative of Andorra for his statement, and I give the floor now to The distinguished representative of Slovakia. Slovakia [1:58:48]: Thank you, Mr. Chair. First, allow me to congratulate you on behalf of Slovakia on your appointment. You have our full support. Mr. Chair, Slovakia fully aligns with the statement delivered on behalf of the European Union and its member states. I would like to add a few additional remarks in its national capacity. My delegation has been a firm and active supporter of the long term process leading to the the historic decision of the UN General Assembly at its 79th session to convene a diplomatic conference to elaborate a legally binding international instrument on the prevention and punishment of crimes against humanity. We are therefore very pleased that, thanks to the constructive spirit of cooperation, we have reached an important milestone in the first session of the Preparatory Committee, which will enable us to further engage in the substance on the draft articles. We have a common responsibility to bring this process to a successful end, and we trust you, Mr. Chair, in guiding us efficiently through this session. We equally praise the Office of Legal Affairs, in particular Under-Secretary-General for Legal Affairs, Madam Elinor Hammar Axelsson, and Secretary Mr. Arnold Pronto, and their teams, for their tireless effort and continuous assistance on this topic. The prohibition of crimes against humanity is a peremptory norm of general international law and one of the most serious crimes of concern to the international community as a whole. Yet, the international community has witnessed until present day the commission of crimes that continue to deeply shock the conscience of humanity. A dedicated international treaty on prevention and punishment of crimes against humanity is a longstanding death of international lawmakers towards the protection of rights and civilian populations and ensuring accountability of the perpetrators of such crimes at the national level. As has been stated several times in our interventions over the last years, Slovakia considers draft articles adopted by the International Law Commission in 2019 as a very well drafted and well balanced set of provisions which form an excellent basis for a future convention. In that regard, we praise the Commission for its outstanding work and particularly the Special Rapporteur, Professor Sean Murphy, whose presence here today is highly appreciated. Obligation of states to prevent and punish crimes against humanity materialized into, by criminalization of specific offenses and establishing jurisdiction over them, will greatly contribute to harmonization of national legal systems and to closing of impunity gaps and safe havens for perpetrators such as atrocious acts. International cooperation between states is also crucial in this regard. We therefore welcome comprehensive provisions on extradition or mutual legal assistance, including a detailed annex. Accountability would not be complete without paying due regard to rights of victims of crimes against humanity especially the right to obtain reparation for material and moral damages on individual or collective basis. At the same time, procedural and human rights of alleged offenders must be guaranteed, including a right to a fair trial. Mr. Chair, it is the conviction of my delegation that the power of multilateralism can result in a solid and universally acceptable international treaty to prevent and punish crimes against humanity. The expectations are high and the process is in our hands. We believe that the upcoming two weeks will provide a fruitful platform to exchange views on the draft articles and enhance mutual understanding among states with a view to facilitate subsequent preparation of written proposals for potential improvement of draft articles if appropriate. My delegation stands ready to engage constructively in this important task within the working group and examination of particular clusters. In conclusion, Slovakia commends the civil society organization for their valuable contribution to the topic over the years. We therefore fully support a decision of the Preparatory Committee to be taken on the very last day of this session that would allow a participation of stakeholders other than those in consultative status with ECOSOC in the work of the second session of the Preparatory Committee and the Conference itself. I thank you, Mr. Chair. Chair [2:03:35]: I thank the distinguished representative of Slovakia for her statement, and I give the floor now to the distinguished representative of Guatemala. Guatemala [2:03:47]: Thank you, Mr. Chairman. First of all, allow me to congratulate you on your election. You can count on the support of this delegation. Guatemala welcomes the start of this process, which is the result of a lengthy and complex negotiation which culminated in the adoption by consensus of resolution 79/122. We welcome the Special Rapporteur of the International Law Commission on crimes against humanity, Sean Murphy, and we're grateful to the Commission for its valuable contribution. This preparatory committee offers us an opportunity to lay the procedural and substantive groundwork that will allow the Conference of Plenipotentiaries to fulfill its mandate in an orderly, inclusive way and geared towards concrete results, and that is to conclude a legally binding instrument on the prevention and punishment of crimes against humanity. These crimes are an affront to the conscience of humankind and a threat to peace, security, and the well-being of every individual. Recent history and past history reminds us with painful clarity that the commission of these acts undermines the very foundation of human dignity of the international legal order, and in particular, the UN Charter. In the face of this scourge, the member states of this organization have assumed the responsibility of developing international legal norms that prevent such acts, and in any case, that ensure that they do not remain unpunished. Bearing this in mind, Guatemala would like to make an appeal to all states to participate in good faith in this process and to contribute in a constructive way to the preparation of the conference. Bearing this in mind, we would like to recall that the resolution that establishes this process urges that we all make every possible effort to reach agreements by consensus, including during this preparatory phase. My delegation will participate in the work of this preparatory committee and of the working group in a constructive spirit with the goal of developing and submitting at the appropriate time formal proposals of amendments to the draft articles for consideration by the conference. We'd like to express our firm commitment so that this process takes place in an open, transparent and inclusive way in both among states and with the participation of civil society, both in the framework of the preparatory committee as well as in the working group. Thank you very much. Chair [2:06:50]: I thank the distinguished representative of Guatemala for his statement, and I give the floor now to the distinguished Permanent Representative of Ukraine. You have the floor, sir. Ukraine · Permanent Representative [2:07:09]: Distinguished Chair, Assistant Secretary-General Declan Smith, dear Professor Murphy, dear Director Pronta, distinguished delegates. First of all, I would like to once again congratulate Mr. Chairman on your election and to wish you success in your crucial, not easy mission. Ukraine aligns itself with the position of the European Union. Let me now make a statement on behalf of Ukraine. More than a decade has passed since the first idea of codifying crimes against humanity was finally placed on the agenda of the international community. Today, we are all participants in a truly historic process marked by the opening of this first session of the Preparatory Committee. It is no exaggeration, almost three decades have passed since the international community last codified international criminal law through the adoption of a new universal convention in this field, one which is not only timely, but long overdue. This moment undoubtedly marks important progress and reflects the sustained efforts of a wide range of governments, scientists, experts, and civil society over recent years. I wish to express Ukraine's deep respect and appreciation for the International Law Commission, and in particular to the brilliant Special Rapporteur, Professor Sean Morphy, who has devoted many years of tireless work to the development of the draft articles on crimes against humanity. Ukraine shares the opinion of many delegations that these draft articles constitute a genuinely fundamental achievement reflecting the ILC's many years of dedicated work and stand out as an exceptionally solid, remarkably thorough, and very balanced text. It is a strong foundation on which we are now going to build our edifice of a future convention. At the same time, today's statements have already generated a wealth of valuable and forward-looking ideas, and we can anticipate that in the days and years to come, these contributions will continue to multiply, aimed at further developing and complementing the draft articles. Ukraine fully supports a careful and inclusive approach to further refining and improving the draft articles that would be acceptable to the overwhelming majority of UN Member States. However, Ukraine's delegation stresses the importance of timely decision-making and believes that this process should not be artificially prolonged. so as to enable our committee to submit a well-balanced draft text to the UN Conference without any further delay. Our shared objective shall be to reach the right balance, so to say, to strike what might be called the golden mean and arrive at a carefully calibrated text that can command the broadest possible support. Distinguished delegates, the reasons for working at maximum speed and efficiency are self-evident. Crimes against humanity are not an abstract legal concept. Regrettably, they are being committed today in many regions of the world and across different continents. From Africa to the Middle East, from Asia to Europe, civilians continue to suffer from widespread and systematic attacks directed against them. Millions of people are affected by criminal acts that shook the very conscience of humanity, severely undermining the foundations of international peace, security and human dignity. In this context, Ukraine believes that any further delay in finalizing a universal treaty aimed at preventing crimes against humanity is unacceptable. Here is an open secret everyone knows: some states using procedural tricks seek to obstruct or significantly slow down this process. The reason is very simple. Accountability and the establishment of justice are not in their interest. Precisely for this reason, it is particularly important for the rest of the international community to demonstrate resolve and to stand against any hidden or open attempts to obstruct this process, while keeping it constructive and result-oriented. Chair, I wish to recall the historic roots of the concept of crimes against humanity. They are closely connected to Ukraine and, in particular, to my native city of Lviv and my alma mater, Lviv National University, through the legacy of the founding fathers of international criminal law who lived and studied there, such as Professor Hersch Lauterpacht, who coined the term, Professor Raphael Lemkin, author of the Genocide Convention, and Professor Louis Sohn. These jurists' ideas formed the pillars of the 20th century international criminal justice regime, which redefined the scope of international law. In this context, the idea of finalizing the codification process in the Ukrainian city of Lviv would carry symbolic significance as the birthplace of the very notion of crimes against humanity, and I would appeal to the distinguished members to support this idea when the time is ripe. Distinguished delegates, unfortunately, the adoption of the Convention on the Prevention and Punishment of Crimes Against Humanity has, for us Ukrainians, not only a historic dimension. Since the beginning of the Russian aggression in 2014, and especially since Russia's large-scale military aggression in 2022, we have faced day and night, systematic violations of international law, war crimes, and crimes against humanity that Russian armed forces have been committing against the civilian population in Ukraine. These grave crimes are not an isolated case, but part of a systematic pattern that requires a much stronger international support and response. Recent actions by the International Criminal Court, including arrest warrants against senior Russian officials for alleged war crimes and crimes against humanity, send a clear message. Serious violations will be pursued, impunity will not be tolerated, and no one stands above justice. Chair, Ukraine is ready to contribute constructively to the negotiation process. Let us not allow further delay. Let us meet the expectations of millions of people around the world suffering from crimes against humanity who look to the UN for protection. I thank you. Chair [2:14:08]: I thank the distinguished Permanent Representative of Ukraine for his statement. And I give the floor now to the distinguished representative of Pakistan. Pakistan [2:14:24]: Thank you, Mr. Chair. My delegation would first like to congratulate you on assuming this responsibility. We assure you of our utmost cooperation. We appreciate International Law Commission for its draft articles to serve as the basis of an international treaty on crimes against humanity. We commend the role of International Law Commission in the development and codification of international law. Crimes against humanity are one of the gravest offenses. No act indeed is more sacrilegious than committing criminal offenses against innocent people. It is with great sadness and indignation that we see these crimes committed against innocent people in different parts of the world, including in the occupied Jammu and Kashmir and occupied Palestinian territories. Instead of addressing historic injustices meted out to these oppressed people, their dreams and hopes for a dignified future are being trampled down by brute force and violence. Pakistan unambiguously condemns these crimes and echo the call of all those who wish to eliminate impunity for them. Indeed, it is only by holding perpetrators accountable that we can take a meaningful and concrete steps for restoring the honor and dignity of the victims. International Law Commission's draft articles serve as a useful starting point for further deliberations on this important subject. Notwithstanding, we have yet to reach definitive conclusion regarding their substance and structure. We are confident that discussion in the preparatory committee would provide us more clarity on this subject. In the past sessions, numerous allegations voiced concerns related to the content of the draft articles, most notably draft articles 7, 9, and 10, which are grounded in a broad interpretation of the universal jurisdiction doctrine have raised concerns. The preamble draws inspiration from the Rome Statute of International Criminal Court, which lacks universal acceptance. Direct references to the Statute, particularly concerning the definition of crimes against humanity, could undermine the universal acceptance of any future convention. Similarly, It is vital to ensure that the definitions outlined in the draft articles on the prevention and punishment of crimes against humanity, specifically for crimes such as enslavement, torture, and enforced disappearances, align with those enshrined in the corresponding UN conventions. Chair, notwithstanding, Pakistan looks forward to working with the member states in the preparatory committee to conference of plenipotentiaries on the prevention and punishment of crimes against humanity. Pakistan hopes that the Committee would be able to harmonize differing perspectives to ensure that the forthcoming convention is widely embraced by the international community, especially by those states which are not party to the Rome Statute. In conclusion, it is of a considered opinion that draft articles should remain open to in-depth and weighted deliberation by the member states, without prejudice to logical views expressed by some states. It would be useful to focus on legal merits of the draft articles and avoid their politicization so that we are able to create an international legal architecture which addresses the issue of accountability and impunity of crimes against humanity in full conformity with the UN Charter. I thank you. Chair [2:17:42]: I thank the distinguished representative of Pakistan for his statement, and I give the floor now to the distinguished representative of Poland. Poland [2:17:51]: Mr. Chair, distinguished delegates, as in previous years, the Polish delegation takes the floor on the topic of crimes against humanity as we remain convinced about the need to develop an international convention on the prevention and punishment of crimes against humanity. Crimes against humanity are among the most serious international crimes and Poland fully supports the current efforts within the UN to close existing gaps in international law and develop a universal but ambitious, comprehensive, victim-oriented, child-sensitive, legally binding instrument that would contribute to the prevention and punishment of these crimes. Once again, we would like to applaud the efforts of many delegations that contributed to the successful adoption of resolution 79/122 on 4th of December 2024. In particular, we would like to thank the delegations of Mexico and Gambia. The General Assembly's resolution, which mandated preparatory and negotiating sessions to finalize the treaty, was faced at the time when the rule of law and institutions of accountability have been under intensive attack. Its adoption by consensus demonstrates the commitment of a significant number of states from all regions to strengthening the protection of international law for civilian population at risk. We hope that this unity bodes well for the work we are about to begin. Poland considers the draft articles elaborated by the International Law Commission in 2019 to provide a solid foundation for the negotiation of the Convention. We believe that during the negotiations, countries should focus their efforts on creating an instrument that will be accepted by a meaningful number of states. This instrument should provide effective mechanisms for inter-state cooperation in preventing, investigating and prosecuting crimes against humanity. Not only would it complement the existing international legal framework, it would also help States to adopt, improve and harmonize their national legislation in order both to deter such crimes and ensure accountability. To this end, we confirm our openness to discussing proposals for change and improvements to the current text in terms of both substance and the international monitoring mechanism. One issue that we think is worth considering is the enhancement of the protection of children who are victims or witnesses of or forced to act as perpetrators of international crimes. Poland will continue to promote a child-sensitive approach in the global fight against international crimes. The draft articles, as elaborated by the International Law Committee, are a great base for a convention that, using internationally agreed language, taken from the most widely ratified human rights instruments, would directly secure the rights of all children, regardless of their status. We look forward to the process that is just beginning and to the active participation of all stakeholders. Poland intends to play an active role in the upcoming negotiations and is ready to work with other parties to ensure swift and meaningful progress towards a consensual solution. Last but not least, Poland aligns itself with the statement delivered by the EU and its Member States. I thank you. Chair [2:22:22]: I thank the distinguished representative of Poland for his statement, and I give the floor now to the distinguished representative of Chile. You have the floor, sir. Chile [2:22:34]: Thank you, Mr. Chairman. Allow me to begin my intervention by expressing my sincere congratulations on your recent election as chair of this preparatory committee. I want to convey to you my wishes for success in your functions that are particularly important for the development of international law, and Chile reaffirms its commitment to this important effort. We find ourselves within historic opportunity to move forward in a thoughtful and responsible way towards a universal instrument on the prevention and punishment of crimes against humanity. and that there is a legal vacuum that exists on this topic. We agree with delegations that spoke before me that it is time for us to assume responsibility for this topic and that we are capable of ensuring accountability of those who commit these crimes. It is time that we assume in a serious way the duty of preventing and punishing effectively these crimes and that we send a message, a concrete message to the victims that we will not allow these crimes to be repeated and if they do occur, that they will be duly punished. Mr. Chairman, considering that this phase of the process is an exploratory phase, We should attentively listen to all the positions, concerns, and contributions of the various states without assuming premature positions or imposing any limitations that could unnecessarily restrict the scope of the dialogue. Chile considers it fundamental to fully take advantage of this preparatory committee to identify areas of convergence and possible improvements of the draft articles elaborated by the International Law Commission with a view to well-founded, substantive written comments that could be submitted to the Secretariat in April of this year. Mr. Chairman, Chile believes that the future instrument should contribute to strengthen international rule of law and consolidate the system of justice. In this framework, it is essential to avoid duplication or overlap with other existing legal regimes. The goal, as already mentioned, is to complement mechanisms that exist, strengthening international cooperation and national capacities to prevent and punish crimes against humanity, fully consistent with the international system of criminal justice. Mr. Chairman, in elaborating the draft articles, the International Law Commission sought to reconcile two goals that Chile also considers essential. Firstly, to contribute effectively to the prevention of crimes against humanity and combat against their impunity. Secondly, to draft provisions that are effective, realistic, and capable of marshalling broad support among States as a basis for a future convention. We believe that these draft articles represent this fundamental basis for our negotiations and that these goals should continue to guide our work. For this purpose, my delegation considers that the participation of non-governmental organizations and civil society beyond those with consultative status in the ECOSOC is essential to ensure the legitimacy and effectiveness of the provisions that we're negotiating. In particular, the voices of the victims of these horrific crimes could guide us in strengthening the capacity of each State to investigate and criminally prosecute the alleged perpetrators of crimes against humanity. Thereby, the future convention will contribute to complement existing mechanisms and strengthen justice at the national level and the truly complementary character of the international system of justice. Mr. Chairman, Chile reiterates its readiness to participate in a constructive way and in good faith in this preparatory committee with the goal of moving towards a balanced, robust, effective, and universal instrument that strengthens multilateralism, international rule of law, and cooperation among states and the prevention and punishment of crimes against humanity. Thank you very much. Chair [2:27:03]: I thank the distinguished delegate of Chile for his statement, and I give the floor now to the distinguished permanent representative of Canada. You have the floor, sir. Canada · Permanent Representative [2:27:11]: Thank you, Chair. I would like to congratulate you, first of all, for your confirmation. As we said earlier, you can count on our support. The need for a convention on the prevention and punishment of crimes against humanity is real. and I would say even it's urgent. Notwithstanding the lessons of the past, we find ourselves confronted by the fact that the gravest affronts to human dignity have not been relegated to the pages of history. Widespread or systematic persecution, violence, and other inhumane acts continue, with communities devastated in different parts of the globe, not to mention the countless victims and survivors of these atrocities. Crimes against humanity pose a serious and growing threat to international peace and security. Despite this reality, the international community still lacks a dedicated convention on the prevention and punishment of crimes against humanity. In the face of persistent and ongoing atrocities, we must give ourselves the necessary tools, including through national jurisdictions, to prevent and punish these most serious international crimes. Canada has supported and continues to support this essential undertaking. The pending absence of a convention on this topic represents a significant gap in our treaty architecture meant to tackle atrocity crimes. in contrast with existing multilateral treaties addressing genocide and war crimes. This moment presents an opportunity to codify the existing prohibition against the commission of crimes against humanity under customary international law, to consider progressive developments of international law, and to establish a collective duty to prevent and punish these crimes. Since the Second World War, international courts and tribunals have investigated and prosecuted dozens of cases involving crimes against humanity, serving as a powerful tool of accountability and deterrence. Yet, to truly address the ongoing threat posed by the commission of these crimes, it is necessary, in addition to pursuing individual criminal responsibility, to set out the obligations of states. Meeting our common goal will require international cooperation, both in achieving a result that attracts the widest possible support and in clearly conveying that the international community does not tolerate crimes against humanity. Chair, we welcome last year's decision by the General Assembly to convene this first preparatory committee session, which sets in motion the process to negotiate a treaty based on the draft articles adopted by the International Law Commission in 2019. Canada values the inclusive consultation process that underpinned the Commission's work, which provides a solid and credible foundation for our deliberations. We recognize that Member States have varying perspectives on certain aspects of the draft articles. We see these differences of views as normal in the context of a preparatory process, and our work will include resolving them. We also think these differences highlight the importance of meaningful participation in the structured and collaborative process envisaged by resolution 79/122, which emphasized that negotiations must be undertaken in an open and transparent manner. This resolution also tasked us to consider the participation of non-governmental stakeholders that do not have ECOSOC status. Canada believes that civil society and academia have a vital role to play in advocating for an international convention on crimes against humanity, and we strongly support their meaningful participation in the work of the Preparatory Committee and the subsequent diplomatic conference. Moreover, civil society and academia will enrich through publications, academic research and expert meetings our discussions with their invaluable expertise, their legal analyses, practical recommendations and their innovative ideas. Their engagement will help to ensure that our debates are informed by the latest legal thinking and reflect comparative experiences. We urge all delegations to support a future decision that will allow the effective participation of civil society organizations in our work. The elaboration of a convention on crimes against humanity is not an abstract exercise. It is an opportunity to reaffirm our shared commitment to justice, to strengthening the rule of law, to collaborating through appropriate mechanisms. This Convention will also ensure that those who commit the most serious international crimes are held to account and will provide victims and survivors with necessary access to justice. Canada stands ready to engage with all Member States in a spirit of openness, cooperation and mutual respect. We look forward to working with all delegations to advance this pivotal initiative and to formalise a collective responsibility to prevent and punish crimes against humanity. Chair [2:32:43]: I thank the distinguished permanent representative of Canada for his statement. I give the floor now to the distinguished representative of Japan. Japan [2:32:51]: Thank you for giving me the floor, Mr. Chair. At the outset, Japan expresses sincere appreciation to you, Mr. Chair, for convening and facilitating this preparatory committee for the United Nations Conference of Plenipotentiaries on Prevention and Punishment of Crimes Against Humanity. Acknowledging the significance of prevention and punishment of crimes against humanity, Japan welcomes this opportunity to have substantive consultations. With the other states on the draft articles. And to enable our preparation for formal proposals for amendments to the draft articles. For consideration by the United Nations Conference of Plenipotentiaries on Prevention and Punishment of Crimes Against Humanity to be held in 2028 and 2029. The ultimate purpose of the future. Convention based on the draft articles will be to prevent and punish crimes against humanity. We would fulfill this purpose by making the content of the draft articles acceptable to as many States as possible. At the same time, crimes against humanity are defined in the Rome Statute of the International Criminal Court, which has been playing a crucial role in prosecuting and punishing individuals who have committed crimes against humanity. Japan has been in support of the court's activities and in this regard and from the perspective of legal stability, Japan is of the view that the present draft articles should be consistent with the Rome. Statute that provides for states parties obligation to cooperate with the court. Most of the acts that constitute crimes against humanity as articulated in the draft articles will be punishable in Japan under its existing national criminal law. Furthermore, Japan considers that the ultimate purpose of the future convention can be achieved by ensuring the punishment of a perpetrator of those. Crimes by the International Criminal Court through surrender of the person to the court. Japan welcomes this opportunity to discuss and explore together the ways to fulfill this purpose. Mr. Chair, it is regrettable that Chinese delegation made a groundless statement against Japan. Since the end of. World War II, Japan has consistently followed the path of a peace-loving nation and made innumerable contribution to the peace and prosperity of the international community. With respect to China's unsubstantiated sorry, unsubstantiated claims regarding history, I will refrain from refuting each one individually. The current administration has upheld in its entirety the position of the previous cabinets on history and will continue to do so. I thank you, Mr. Chair. Chair [2:36:00]: I thank the distinguished representative of Japan for her statement, and I give the floor now to the distinguished representative of Cyprus. You have the floor, sir. Cyprus [2:36:12]: Thank you, Mr. Chair. Allow me at the outset to congratulate you on your election and to wish you every success in the very important work ahead. You may count on the full support of my delegation. The Republic of Cyprus aligns itself with the statement delivered on behalf of the European Union and its Member States and wishes to make the following remarks in its national capacity. Cyprus welcomes adoption by the General Assembly in 2024 of resolution 79/122, This resolution represents a landmark step and reflects the clear commitment and collective willingness of the international community to consolidate international criminal law, to strengthen the protection of human rights, in particular the rights of victims and potential victims, and to advance the rule of law, peace, and security. Cyprus particularly welcomes the fact that this resolution was adopted by consensus. This achievement underscores the shared determination of states to address a long-standing gap in the international legal framework and to enhance our collective capacity to combat impunity against the most serious international crimes. As a first and essential step, we are here today in the framework of the Preparatory Committee. Cyprus stands ready to engage constructively and in good faith in all aspects of the Committee's work, with a view to ensuring that the Conference of Plenipotentiaries can efficiently conclude and adopt a legally binding international convention on the prevention and punishment of crimes against humanity. In this context, we attach particular importance to ensuring an inclusive process and encourage all delegations to engage constructively and in good faith in the work of the Committee. Mr. Chair, it is essential to recall the fundamental reason that brings us today here. A significant legal step persists within the existing treaty framework governing the most serious international crimes. While war crimes and genocide are addressed by widely ratified conventions imposing clear obligations on states to prevent, punish, and cooperate in respect of those crimes, crimes against humanity, despite their gravity, remain without a dedicated treaty framework. The absence of such a convention is all the more striking, given that crimes against humanity may be committed both during armed conflicts and peace, and do not require the specific intent necessary for the establishment of genocide. Their occurrence and impact are no less devastating for victims, societies, and international peace and security. A future convention would reinforce the central importance of prevention and punishment while assisting States in harmonizing relevant domestic legislation. It would also enhance inter-State cooperation, ensuring that perpetrators find no safe haven and strengthening deterrence and accountability. Mr. Chair, this step is long overdue, and a substantial body of work has already been accomplished. Cyprus recalls, in particular, the decision of the International Law Commission in 2014 to include crimes against humanity in its program of work, a decision which my delegation commends. Following five years of rigorous and inclusive work, the Commission adopted its draft articles in 2019 and it recommended that the General Assembly elaborate a legally binding instrument on the basis of those articles. In this respect, Cyprus is of the view that the work of the International Law Commission already constitutes a sound and coherent foundation for our discussions. The draft articles provide a comprehensive and forward-looking framework whose core elements should be maintained and further reinforced. Cyprus attaches particular importance to ensuring that prevention remains at the heart of the future Convention. Prevention is not only a legal obligation, but also a practical tool for protecting human dignity strengthening domestic institutions and reinforcing international cooperation before atrocities occur. Cyprus looks forward to contributing constructively to the work of the Preparatory Committee and to the success of this important process. Thank you, Mr. Chair. Chair [2:41:20]: I thank the distinguished representative of Cyprus for his statement, and I give the floor now to the distinguished representative of the Netherlands. Netherlands (Kingdom of the) [2:41:31]: Thank you, Mr. Chair. We align ourselves with the statement given by the European Union on behalf of the EU and its member states. In addition to the statement, the Kingdom of the Netherlands would like to make the following observations. The Kingdom of the Netherlands would like to start. By marking the importance and relevance of the work we are about to undertake. This Preparatory Committee for the United Nations Conference of Plenipotentiaries. Protocols on Prevention and Punishment of Crimes Against Humanity is an important next step in the process. Towards filling a gap in the international legal framework for the prevention and punishment of the worst international crimes. Crimes against humanity are amongst the most serious crimes under international law, and their prevention and punishment is of concern to the international community as a whole. Despite being categorically prohibited under international law, civilian populations continue to be victims of such. Atrocities and perpetrators continue to act with impunity. The elaboration of a convention based on the draft articles, as recommended by the ILC. Would reinforce the international criminal justice system and would contribute to strengthening national laws and criminal jurisdiction in the fight against impunity for crimes against humanity. The Kingdom of the Netherlands. Strongly welcomes the opening of treaty negotiations and looks forward to engage in constructive discussions on the. Basis of these articles and any proposals that will be introduced. In the next two weeks and in the coming months. The Kingdom of the Netherlands emphasizes the importance to involve all. Relevant stakeholders, including civil society organizations and academic experts, and therefore strongly supports their participation in the. Work of the Preparatory Committee. Mr. Chair, the Kingdom of the Netherlands would also like to recall the Ljubljana-The. Hague Convention on International Cooperation in Investigation and Prosecution of the Crime of Genocide, Crimes Against Humanity, War Crimes, and Other International Crimes, which pursues a similar objective of fighting impunity for the most serious crimes. And is now signed by 40 States. They are both of paramount importance in the fight against impunity for international crimes and are complementary to each other. The Kingdom of the Netherlands underlines the importance of consistency between the text of a future crimes against humanity convention. And the Libyan and Hague convention. Thank you, Mr. Chair. Chair [2:44:03]: I thank the distinguished representative of the Kingdom of the Netherlands for her statement. And I give the floor now to the distinguished representative of the Cote d'Ivoire. You have the floor, madam. Côte d’Ivoire [2:44:15]: Mr. Chairman, allow me to express our congratulations to you on your chairmanship. I wish to reassure you that you enjoy our full support. Chair, my delegation welcomes the holding of this meeting of the Preparatory Committee for the Plenipotentiary Conference on the Prevention and Punishment of Crimes against Humanity. We welcome this decisive phase in a multilateral process that augurs well for the bolstering of the international rule of law and combating impunity. Cote d'Ivoire aligns itself with the statement delivered on behalf of the African group by Cameroon. And we would like to express the following remarks on national capacity. Chairman, crimes against humanity are some of the most serious violations of international law. They are deeply shocking to the human conscience and they threaten the peace, security and well-being of people. The prohibition of crimes against humanity now formed part of peremptory norms of general international law, binding all states to prevent and punish them. Firmly committed to this process, Cote d'Ivoire has now for several years undertaken considerable legal and institutional reforms to ensure full compliance of our domestic law with our international obligations, particularly those related to major international instruments on international humanitarian law and human rights law, as well as such instruments contributing to the prevention of widespread crimes. In this regard, my country undertook a major overhaul of our criminal code, particularly through the Law of 26 June 2019. This law expressly criminalizes crimes against humanity. Indeed, it establishes such crimes as standalone offences and states that they are not to be subject to the statute of limitations. Chair, Cote d'Ivoire fully recognises the value and relevance of the draft articles prepared by the International Law Commission. We deem these drafts to represent a robust, balanced legal basis for the drafting of an international convention on crimes against humanity, similar to existing conventions on genocide and war crimes. My country therefore supports the aim of having a universal convention that would enhance international legal cooperation, would promote the harmonization of national legislation, and would fill persistent gaps in the international legal framework in the prevention and repression of crimes against humanity. At the same time, Cote d'Ivoire grants particular importance to ensuring that the work conducted here occurs in a spirit of dialogue that is inclusive, transparent and respects the concerns expressed by Member States. Some of these concerns relate in particular to phenomena that are liable of leading to mass atrocities, such as international terrorism, financing of terrorism, illicit arms trafficking, money laundering, modern slavery, gender-based violence, violations on the rights of the child, particularly during conflicts, and serious harm to the environment, as well as the use of weapons of mass destruction, among others. Chairman, Cote d'Ivoire remains convinced that the balanced consideration of these different concerns will strengthen the States' support for the ongoing process and will contribute to the adoption of a consensus-based, ambitious and operational text. Finally, we reiterate our readiness and commitment to participate actively, and constructively in the work of the Preparatory Committee and in the forthcoming negotiations, this so as to ensure international justice and the sustainable prevention of crimes against humanity. Thank you. Chair [2:48:55]: I thank the distinguished representative of the Cote d'Ivoire for her statement, and I give the floor now to the distinguished Permanent Observer of the Holy See. You have the floor, sir. Holy See · Permanent Observer [2:49:05]: Thank you, Mr. Chair. At the outset, I would like to express our congratulations for your election. In 1953, while reflecting on the widespread atrocities perpetrated against civilians during the Second World War, Pope Pius XII called for the adoption of international agreements which could secure effective protection and which would indicate clearly the crimes to be proscribed and would fix their characteristics with juridic precision. Although more than 70 years have passed since then, Papyrus' call still remains fully valid. Indeed, while this assembly is discussing how best to address those crimes, violations of the sanctity of human life persist and in many contexts appear to be increasing. The continued absence of effective collective responses is not without consequences. Children, women, and members of ethnic and religious minorities continue to suffer persecution, violence, and death in ways that profoundly wound human dignity and the moral conscience of humanity. In this light, the OLC welcomes the formal commencement of the work of this preparatory committee and appreciates the opportunity it offers to engage in a structured and thoughtful manner with one of the most serious challenges confronting humanity. Mr. Chair, it is well established that crimes against humanity are prohibited under customary international law. Therefore, the central challenge before us is not the recognition of these crimes, but the development of effective measures to prevent their commission and to ensure accountability when they occur. At the same time, any future international framework should build firmly upon existing customary international law in order to preserve legal coherence, foster trust among states and facilitate the broadest possible consensus. As Pope Leo said, in order to engage in dialogue, there needs to be agreement on the words and concepts that are used. Rediscovering the meaning of words is perhaps one of the primary challenges of our time. Mr. Chair, the duty to prevent and counter crimes against humanity rests first and foremost, with states. National jurisdictions remain thus the primary locus for investigation and prosecution. At the same time, international cooperation plays an indispensable complementary role, both in addressing the transnational dimensions of such crimes and in supporting those states that lack the capacity to fulfill their obligations effectively. Such cooperation should strengthen rather than weaken the principles of complementarity, due process, and full respect for fundamental human rights. Central to these efforts is also the situation of victims. Their sufferings calls for justice, protection, and assistance, as well as for legal approaches that ensure their voices are heard and their dignity upheld. Any future framework should therefore include appropriate safeguards for victims and witnesses, while ensuring fair procedures and full respect for fundamental human rights. Mr. Chair, as the Preparatory Committee begins its work, the OLC looks forward to an open and constructive dialogue, attentive to the legitimate concerns of all delegations, which the view to developing an effective and lasting response to crimes against humanity. Thank you, Mr. Chair. Chair [2:53:33]: I thank the permanent observer of the Holy See for his statement. Distinguished delegates, we have reached the end of our meeting for this afternoon, and we still have quite a few delegations remaining on the list of speakers. It is my understanding at this time that the delegation of China wishes to exercise the right of reply. Before we proceed further, I remind the committee that, in accordance with paragraphs 9 and 10 of annex 5 to the rules of procedure of the General Assembly, the number of interventions in the exercise of the right of reply for any delegation at a given meeting is limited to two per item, and the first intervention should be limited to 10 minutes and the second intervention should be limited to five minutes. In view of the tight schedule for our meetings this year, I would like to encourage any delegations exercising a right of reply to please be as brief as possible and to remain within those time limits. I now give the floor to the distinguished representative of China. China [2:54:54]: Thank you, Mr. Chair. Just now, the Japanese delegate said that China's allegations are baseless. We do not accept this statement. During World War II, Japan has committed crimes which are irrefutable. The notion of crimes against humanity was born out of the international trials. which is now Germany, France, and Liechtenstein, among many other countries, have mentioned the Nuremberg trials and the Tokyo trial, which are proof of that point. In particular, the charter of the IMT for Far East clearly stipulates crimes against humanity, which is a high-level summary and accurate description of the heinous crimes committed by Japanese militarists, as is known to all. During World War II, the Japanese military has systematically killed civilians in China and recruited comfort women forcibly. These are irrefutable evidence of their crimes against humanity. Just now, the Japanese representative mentioned that their government treats history in a holistic manner. We have to ask, what attitude they have toward history, especially the history of World War II. As a matter of fact, Japan has never repented or pleaded guilty in terms of its crimes. Recently, Japan's erroneous remarks have further exposed its dangerous trend of reviving militarism. China soundly urges Japan to face up to the irrefutable evidence of history and deeply reflect on its crimes, instead of going further down the wrong path. Thank you, Mr. Chair. Chair [2:56:57]: I thank the distinguished representative of China for his statement. It is my understanding that the delegation of Japan wishes to exercise the right of reply. I give the floor to the distinguished representative of Japan. Japan [2:57:13]: Thank you, Mr. Chair, for giving me the floor. What was said by the Chinese delegation against Japan is unacceptable. Japan's position is already stated in our previous statement. I will thus not repeat it. Thank you, Mr. Chair. Chair [2:57:36]: I thank the distinguished representative of Japan for her statement. Distinguished delegates, I will now say some words about how we will proceed tomorrow. and also in relation to the composition of the Bureau. The plenary of the Preparatory Committee will meet tomorrow morning at 10:00 a.m. in order to continue the general debate. We will resume with the statement of Nicaragua. The working group will convene immediately after the conclusion of the general debate. In relation to the composition of the Bureau, I wish to inform delegations that I will be making contact immediately after this meeting with the coordinators of the regional groups to begin a process of consultation. The meeting is now adjourned.