Search: A Future Crimes Against Humanity Convention and Asia: A New Tool for Accountability

Hague, Netherlands. The absence of any effective investigations or prosecutions of Duterte and other alleged perpetrators for the infamous nationwide ‘War Against Drugs’ campaign in the Philippines or in the region, coupled with a newfound willingness to cooperate by the new government, paved the way for the initial proceedings relating to charges of crimes against humanity before the ICC. In Asia, the Duterte case serves as an emblematic illustration of the accountability gap, particularly concerning crimes against humanity. In the absence of a regional human rights treaty or Asia-wide human...

...of specific options for accountability and justice for war crimes, crimes against humanity and genocide committed during the Ukraine-Russia conflict. The International Criminal Court The International Criminal Court (ICC) is the most likely option for accountability for the commission of war crimes, crimes against humanity and/or genocide. The ICC has jurisdiction over war crimes, crimes against humanity and genocide. The ICC’s status as most likely forum is because the ICC Prosecutor is already mobilised and investigating any possible crimes being committed in the Ukraine-Russia conflict, and because of the limitations...

Crimes: Examining the Utility of Universal Jurisdiction Efforts to Address Forced Displacement in Myanmar Symposium on Prosecuting Asia-Pacific Crimes: Choosing Justice – Forum selection in Universal Jurisdiction cases Symposium on Prosecuting Asia-Pacific Crimes: Crimes Against Humanity Convention and the Obligation to Prevent Symposium on Prosecuting Asia-Pacific Crimes: Universal Jurisdiction Under the Future Crimes Against Humanity Convention Symposium on Prosecuting Asia-Pacific Crimes: A Jacket, a Hearing, a Filing, and an Acquittal – What Justice Actually Looks Like Symposium on Prosecuting Asia-Pacific Crimes: Beyond Borders – From Local Truth to Global Justice...

application can be seen schematically as composed of three concentric circles. In the first, middle circle—at the heart of the Convention—lie the crime of genocide, crimes against humanity and war crimes as they were adopted in Rome in 1998, whose definitions are set out in article 5. As per article 2(1), these crimes will be covered by the Convention automatically upon its entry into force with respect to the States concerned. The Convention also has a number of annexes with eight additional crimes: the new war crimes that have so...

risk perpetuating systems that remain unaccountable to the very people they aim to serve, disconnecting accountability processes and their intended outcomes. These problematic gaps led us to three focal points for developing a thicker notion of accountability: situated accountability, polycentric accountability, and reflexive accountability. Each of these dimensions embodies a distinct relational aspect of accountability: situated accountability examines the relational dynamics between accountability mechanisms and the social, political, and cultural contexts in which they operate; polycentric accountability explores the relationships between different accountability forums and how they interact across scales...

crucial role in strengthening domestic legal frameworks and the cross-border cooperation essential to effective investigations, while also closing legal loopholes that have traditionally enabled perpetrators to escape accountability. The Architecture to Tackle Impunity Through International Cooperation 1. Domestic Incorporation of Genocide, Crimes Against Humanity and War Crimes States are mandated to criminalize and establish appropriate penalties for the crimes covered by Article 2(1) of the Convention – namely, genocide, crimes against humanity and war crimes as defined by the Rome Statute. Optionally, they may extend the Convention’s application to the...

victims and survivors. To begin with, Guinea should support the ongoing process at the UN relating to the proposed Convention on the Prevention and Punishment of Crimes against Humanity.  Guinea and the UN Draft Articles on Crimes against Humanity The draft articles for a United Nations Convention on the Prevention and Punishment of Crimes against Humanity (the future Convention) is the product of the work of the United Nations International Law Commission (ILC), a subsidiary body of the UN General Assembly (UNGA)  whose mandate is the codification and progressive development...

...African Court of Justice and Human Rights – to investigate and prosecute genocide, crimes against humanity, war crimes, among other “transnational” crimes. However, the Protocol has thus far not garnered the requisite number of ratifications to enter into legal force. Thus, given the lack of a regional or sub-regional accountability mechanism to address accountability crimes in Africa, the slow pace of ICC prosecutions and the reality that up to 40% of African States (23 States) are not parties to the Rome Statute, the future of legal accountability for atrocity crimes...

of the Russian Federation Against Ukraine by the Council of Europe Summit. In some other aspects, however, the outcome of the negotiations has leaned towards a more cautious approach. The international crimes included in the main text are the three core Rome Statute crimes defined in its 1998 version (genocide, crimes against humanity and war crimes) plus eight optional annexes (including the crime of aggression, five Rome Statute amendments on war crimes as well as two stand-alone crimes on torture and enforced disappearances, i.e. those outside of the framework of crimes against humanity or...

[Aakash Chandran is a Senior Legal and Advocacy Manager at Asia Justice Coalition. He leads the AJC’s advocacy on Crimes Against Humanity Convention] Asia has historically witnessed and continues to experience armed conflicts and atrocity crimes, including crimes against humanity (CAH) – crimes that are widespread or systematic attacks directed against civilian populations. The Taliban administration in Afghanistan represents a direct and systemic threat to democracy, women’s rights and human rights. The Office of the Prosecutor of the International Criminal Court (ICC) has requested the issuance arrest warrants against the...

the ICC and national courts on crimes beyond the ICC’s territorial, personal and temporal jurisdiction. It follows that positive complementarity encompasses both post-2002 and pre-2002 crimes, and that there is no justification for focusing the spotlight solely on post-2002 crimes and to silence crimes prior to 2002. II.- Positive complementarity and legal characterization of crimes drawn from the Rome Statute  This question deserves to be asked in view of the complexity and technicality of the contextual requirements of crimes under the ICC’s jurisdiction and given the poor quality of Congolese...

Southeast Asia and the Pacific (incl. Australia; none from Pacific island states); two from South Asia; plus six from other states part of the Asia-Pacific UN group. While capacity and different national priorities will have curtailed contributions, it is regrettable that states like Bangladesh, Indonesia, Malaysia, Mongolia, Aotearoa New Zealand, the Philippines, and Thailand did not submit proposals. The present post summarizes the state of discussions as of mid-2026 regarding universal jurisdiction in the convention and respective positions of Asian states, specifically in East and Southeast Asia. It concludes that relevant...