The Vatican’s Advocacy for a Legally Binding Convention on Crimes Against Humanity
The Vatican Permanent Observer to the United Nations reaffirms the Holy See’s commitment to advocating for a legally binding convention on crimes against humanity that upholds justice principles, respects established international norms, and ensures support for victims while respecting state sovereignty.
As the United Nations finalizes discussions for the adoption of a Convention on Prevention and Punishment of Crimes against Humanity, the Holy See emphasizes the importance of creating a legal instrument based on existing customary law. Archbishop Gabriele Caccia, the Vatican’s Permanent Observer to the United Nations, highlights the necessity of upholding the dignity of every human person, promoting international cooperation, and ending impunity for perpetrators of these heinous crimes.
A Milestone in International Justice
The absence of a specific international treaty dedicated to crimes against humanity has led the UN to embark on a five-year process to address this gap. With debates ongoing, the Sixth Committee of the 79th UN General Assembly is expected to decide on a set of “Draft Articles” and recommendations by the International Law Commission.
Archbishop Caccia stresses the importance of aligning any definition of crimes against humanity with existing customary international law, particularly those outlined in the International Criminal Court (ICC) Statute. He expresses concern over the lack of a clear definition of gender in the Draft Articles, emphasizing the need to prosecute crimes that disproportionately affect women, such as rape, sexual slavery, and forced prostitution.
The Holy See also opposes any alterations to the definition of forced pregnancy as stated in Article 7 of the ICC Statute.
Respecting State Sovereignty and Promoting Cooperation
Archbishop Caccia insists that efforts to prevent and punish crimes against humanity must respect the sovereignty of states based on the principle of complementarity. States should have the primary responsibility to prosecute crimes within their borders and cooperate with each other in extraditing perpetrators and assisting victims.
The Vatican Observer emphasizes the importance of upholding principles such as legality, due process, and the presumption of innocence in any new legal instrument. He argues against addressing the procedural immunity of foreign public officials, highlighting its significance in maintaining peaceful relations between states.
Ensuring Rights and Support for Victims
Archbishop Caccia calls for the new Convention to allow states that have abolished the death penalty to refuse extradition if alleged offenders face capital punishment. He advocates for the protection of individuals from extradition to jurisdictions where they risk facing crimes against humanity, torture, or inhumane treatment.
Furthermore, he stresses the importance of upholding victims’ rights to compensation and assistance for their reintegration into society, with support from states, international organizations, NGOs, and religious institutions where necessary.
In conclusion, Archbishop Caccia asserts that the new treaty must prioritize human dignity and promote international cooperation, setting a precedent for global justice and accountability.
