Holy See supporting future Convention on crimes against humanity

By Lisa Zengarini

As the United Nations finalize discussions for the adoption of a Convention on Prevention and Punishment of Crimes against Humanity, the Holy See has reiterated that such legal instrument should be elaborated on the basis of existing customary law, “with a view to upholding the dignity of every human person, promoting international cooperation and ending impunity for perpetrators.”

A five-year process

Unlike war crimes, genocide, torture and enforced disappearance, there is still no international treaty specifically dedicated to crimes against humanity. Since 2019 the UN has been working to fill this gap in the international justice system and after two years of debates the Sixth Committee of 79th  UN General Assembly (UNGA) is now expected to decide on a set of “Draft Articles” and recommendations submitted by the organization’s  International Law Commission.

Addressing the Committee on October 14, Archbishop Gabriele Caccia, the Vatican Permanent Observer to the United Nations, reiterated the Holy See’s support to the adoption of the treaty.

Unclear definition of gender in the draft text

Archbishop Caccia stressed, however, that any definition of crimes against humanity must align with existing customary international law, particularly the definitions set out 2002 in the International Criminal Court (ICC) Statute, as making changes could hinder consensus and the effectiveness of a new legal instrument.

In this context, he expressed concern over the omission in the "Draft Articles" of a clear definition of gender based on the biological reality of two sexes which,  he said, would undermine all efforts to prosecute those crimes that disproportionately affect women” such as rape, sexual slavery and forced prostitution.

Similarly, the Holy See opposes any changes to the definition of forced pregnancy as contained in  Article 7 of the ICC Statute.

State sovereignty and cooperation

At the same, Archbishop Caccia, continued, efforts to prevent and punish crimes against humanity must respect the sovereignty of other States “on the basis of the principle of complementarity”, meaning that states should have the primary responsibility to prosecute crimes against humanity within their borders, and they should cooperate in with each other in extraditing perpetrators and in assisting victims.

The Vatican Observer further emphasized that any new legal instrument must uphold the principles of legality, due process, and the presumption of innocence. He also argued that the negotiations should not address the procedural immunity of foreign public officials, as this immunity deriving from State sovereignty and the principle of non-interference, is vital for maintaining peaceful relations between states.

Upholding human dignity

He  called for the new Convention to allow States that have abolished the death penalty to refuse extraditing alleged offenders if they might face capital punishment. He also asserted that no one should be extradited to a jurisdiction where they risk being subjected to crimes against humanity, torture, or inhumane treatment.

Archbishop Caccia further underscored the need for the new instrument to ensure victims' rights to compensation and assistance to facilitate their reintegration into society, with the support of other states, international organizations, NGOs, and religious institutions, particularly when such assistance is not available in the affected territory.

Concluding,  the Vatican Observer  insisted  that the treaty must to uphold human dignity and promote international cooperation.