Russian Invasion of Ukraine: Global Implications

Crimes against humanity

Note4Students

From UPSC perspective, the following things are important :

Mains level: Global Conventions on War Crimes;

Why in the News?

UNGA committee approved a resolution to initiate negotiations for the first-ever treaty to prevent and punish crimes against humanity after Russia withdrew potentially obstructive amendments.

What are the present laws governing the conflict?

  • The 1949 Geneva Conventions provide the foundational legal framework for humanitarian protection during armed conflicts. These treaties outline the responsibilities of states to protect civilians and ensure humane treatment for non-combatants.
  • While the International Criminal Court (ICC) addresses war crimes and genocide, there is currently no specific treaty that comprehensively covers crimes against humanity. The ICC recognizes crimes against humanity as acts committed as part of a widespread or systematic attack against civilians, which include offenses such as murder, torture, and sexual violence.
    • The ICC operates as a court of last resort, intervening only when national courts are unable or unwilling to prosecute these crimes

Why there is a need for a treaty dealing with the Crimes Against Humanity Treaty?

  • Legal Gaps: Existing international treaties cover war crimes and genocide but do not specifically address crimes against humanity. This lack creates a legal void that allows perpetrators to evade accountability for serious offenses committed against civilian populations.
  • Increasing Incidence of Crimes: There has been a notable rise in crimes against humanity globally, with reports of such offenses in countries like Ethiopia, Sudan, Ukraine, and Myanmar. A dedicated treaty would facilitate international cooperation in prosecuting these crimes and provide a framework for justice.
  • Strengthening International Law: A new treaty would reinforce the international justice framework by imposing obligations on states to prevent and punish these crimes, thereby enhancing global standards for human rights protection.

What would be the step towards a Crimes Against Humanity Treaty?

  • Preparatory Sessions: Scheduled for 2026 and 2027, these sessions will prepare the groundwork for formal discussions on the treaty.
  • Formal Negotiating Sessions: Three-week sessions are planned for 2028 and 2029 to finalize the treaty’s text.
  • Broad International Support: The initiative is backed by Mexico, Gambia, and 96 other countries, indicating a strong international commitment to addressing these serious human rights violations

Way forward: 

  • Adopt a Survivor-Centric and Inclusive Approach: Ensure the treaty prioritizes the rights of victims, incorporates survivor input, and mandates comprehensive support mechanisms while maintaining a robust, enforceable legal framework.
  • Strengthen Global Collaboration: Mobilize international cooperation, with developed nations providing financial and technical assistance, to build national capacities for prosecuting crimes against humanity and preventing impunity.

Mains PYQ:

Q At the international level, the bilateral relations between most nations are governed on the policy of promoting one’s own national interest without any regard for the interest of other nations. This leads to conflicts and tensions between the nations. How can ethical consideration help resolve such tensions? Discuss with specific examples. (UPSC IAS/2015)

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