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Document Type

Article

Language

English (en)

Publication Date

2025

Publication Title

Washington University in St. Louis School of Law Legal Studies Research Paper

Abstract

A draft text of a treaty on the prevention and punishment of crimes against humanity was finally sent to negotiations by the U.N. General Assembly on December 4, 2024, after six long years of advocacy by States and civil society. Questions remain, however, with regard to how crimes against humanity will be defined in the new treaty. On the one hand, some States have embraced a definition of crimes against humanity that tracks Article 7 of the Rome Statute of the International Criminal Court (“ICC”). Other States have rejected Article 7 as the basis for the new treaty, but theirs is a minority view. Finally, some have suggested that given the passage of twenty-five years since the ICC Statute was adopted, the definition of crimes against humanity in the new treaty could include new crimes either by way of codification (e.g., the slave trade), crystallization (e.g., forced marriage), or evolution (e.g., environmental crimes and colonial crimes). This Chapter explores the historical emergence and development of crimes against humanity in customary international law and then evaluates State positions regarding the unity, evolution, and diversity of their approach to this important international crime. The Chapter recognizes the value of having a common “minimum standard” by way of definition, in which the Rome Statute provision is the “floor,” so as to avoid fragmentation and enhance the legality principle. At the same time, it recognizes that modest improvements to the text may be desirable, and that retaining flexibility in the definition of the crime is consistent with current state practice and will allow it to evolve and remain a critically important legal protection for civilian populations during armed conflict and in peacetime.

Keywords

Crimes Against Humanity, Treaty on Prevention and Punishment of Crimes Against Humanity, Rome Statute, International Criminal Court, ICC Statute, Slave Trade, Crimes of Gender, Sexual and Reproductive Violence, Unity and Diversity, War Crimes, International Criminal Court, Abd-Al-Rahman

Publication Citation

Leila Sadat, Crimes Against Humanity and Customary International Law, Washington University in St. Louis School of Law Legal Studies Research Paper, No. 25-03-06 (2025)

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