United Nations Diplomatic Conferences of Plenipotentiaries (established on the recommendation of the Sixth Committee) United Nations Diplomatic Conferences of Plenipotentiaries (established on the recommendation of the Sixth Committee)

Last update: February 27, 2025

United Nations Diplomatic Conference of Plenipotentiaries on Prevention and Punishment of Crimes against Humanity

Background

International Law Commission (2015–2019)

At its sixty-sixth session, in 2014, the International Law Commission decided to include the topic “Crimes against humanity” in its programme of work and appointed Sean D. Murphy as Special Rapporteur for the topic. At its sixty-seventh, sixty-eighth and sixty-ninth sessions, from 2015 to 2017, the Commission considered the topic on the basis of three reports of the Special Rapporteur. Also at its sixty-ninth session, the Commission adopted on first reading a draft preamble, a set of 15 draft articles and a draft annex, together with commentaries thereto, on crimes against humanity. In accordance with articles 16 to 21 of its statute, the Commission decided to transmit the draft articles on crimes against humanity, through the Secretary-General, to Governments, international organizations and others, for comments and observations.

At its seventy-first session, in 2019, the Commission considered the fourth report of the Special Rapporteur, as well as comments and observations received from Governments, international organizations and others. At the same session, the Commission adopted, on second reading, the entire set of draft articles on prevention and punishment of crimes against humanity, comprising a draft preamble, 15 draft articles and a draft annex, together with commentaries thereto. The Commission decided, in conformity with article 23 of its statute, to recommend the draft articles on prevention and punishment of crimes against humanity to the General Assembly. In particular, the Commission recommended the elaboration of a convention by the General Assembly or by an international conference of plenipotentiaries on the basis of the draft articles (see paragraph 42 of the Commission’s report on the work of its seventy-first session, document A/74/10).

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Sixth Committee (2019–2024)

At its seventy-fourth session, in 2019, the General Assembly, under the item entitled “Report of the International Law Commission on the work of its seventy-first session”, took note of the draft articles on prevention and punishment of crimes against humanity contained in chapter IV of the report of the Commission on the work of its seventy-first session. The Assembly also decided to include in the provisional agenda of its seventy-fifth session an item entitled “Crimes against humanity” and to continue to examine the recommendation of the Commission contained in paragraph 42 of its report on the work of its seventy-first session (resolution 74/187 of 18 December 2019). The Assembly has had the item on its agenda annually since its seventy-fifth session.

At its seventy-seventh session, in 2023, the Assembly took note once again of the draft articles and, by resolution 77/249 of 30 December 2022, decided that the Sixth Committee would resume its session for five days, from 10 to 14 April 2023 (first resumed session), and for six days, from 1 to 5 April and on 11 April 2024 (second resumed session), in order to exchange substantive views, including in an interactive format, on all aspects of the draft articles, and to consider further the recommendation contained in paragraph 42 of the report of the Commission on the work of its seventy-first session. The Assembly also decided that a written summary of the deliberations during the two resumed sessions would be prepared by the Sixth Committee at the end of the second resumed session (2024) and invited States to submit, by the end of 2023, written comments and observations on the draft articles and the recommendation of the Commission, which it requested that the Secretary-General circulate in a compilation well in advance of the second resumed session (2024). Finally, the Assembly decided that the Sixth Committee would further examine the draft articles and the recommendation of the Commission at the seventy-ninth session of the Assembly and take a decision on the matter, without prejudice to the question of their future adoption or other appropriate action (resolution 77/249).

The Sixth Committee continued its consideration of the item in the first resumed session from 10 to 14 April 2023, at the main part of the seventy-eighth session, and at the second resumed session from 1 to 5 and on 11 April 2024. At the second resumed session, the Sixth Committee adopted a written summary of its deliberations, in accordance with resolution 77/249 (A/C.6/78/2). The written summary was presented in the form of a technical report with an annex containing the Chair’s summary of the deliberations at both resumed sessions (A/C.6/78/2, annex).

At its seventy-ninth session, in 2024, by resolution 79/122 of 4 December 2024, the General Assembly decided, inter alia, to convene the United Nations Conference of Plenipotentiaries on Prevention and Punishment of Crimes against Humanity to elaborate and conclude a legally binding instrument on prevention and punishment of crimes against humanity, with a possibility to hold an additional session, if necessary, bearing in mind the aim of developing an instrument enjoying the broadest possible support. The Assembly also decided, inter alia, to convene a preparatory committee for the Conference, to meet from 19 to 30 January 2026, and in 2027, at United Nations Headquarters in New York.

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