Southeast Asian Governments Must Support a Global Convention on Crimes Against Humanity

During the 79th session of the UN General Assembly in October 2024, Member States will make a critical decision on whether to adopt the International Law Commission’s (ILC) recommendations to elaborate a new convention on crimes against humanity (CAH) based on its Draft Articles. We, as parliamentarians, must take this moment seriously, using our mandates to support this global effort to codify state obligations to prevent and punish these horrific crimes.

Crimes against humanity, while criminalized and prosecuted since the Nuremberg trials, remain without a specialized international convention unlike genocide and war crimes. The absence of such a convention allows these atrocities to continue unchecked, including in Southeast Asia, as evidenced by the devastating situation in Myanmar.

Kasit Piromya, APHR Board Member. ©APHR2024

“We cannot afford to let the current gap in international law persist. Crimes against humanity, by their very nature, demand accountability at all levels, and this proposed convention offers a critical opportunity for states to reaffirm their commitments to global justice,” Kasit Piromya, APHR Board Member and former member of Thai parliament.

A convention on CAH is necessary to ensure state responsibility for preventing and prosecuting these crimes. The Draft Articles represent a progressive step forward, ensuring that states take action at the national level to prevent, investigate and prosecute these crimes while strengthening inter-state cooperation to combat these crimes. This is not in competition with the Rome Statute or other international obligations but rather complements them by focusing on state responsibility, rather than individual criminal accountability.

APHR emphasizes the importance of convening a diplomatic conference to negotiate the global CAH convention. Any disagreements or concerns raised by states can and should be addressed through this negotiation process. Supporting the convening of such a conference is essential to move this crucial initiative forward.

Wong Chen, APHR Board Member, Malaysian MP. ©APHR2024

“As parliamentarians, we must ensure that our governments fully engage in this process. The global community must unite to establish a legal framework that ensures crimes against humanity are not only condemned but actively prevented and prosecuted”, said Wong Chen, APHR Board Member and Malaysia member of parliament.

Furthermore, Mercy Chriesty Barends, APHR Chairperson and member of the Indonesian House of Representatives added, “We cannot delay justice any longer. Parliamentarians must be the vocal advocates in pushing for progress and ensuring that victims and their families are given justice they deserve”.