Negotiations for a landmark treaty on crimes against humanity face a critical test as states debate universal jurisdiction and demands for jurisdictional primacy, according to legal experts and submissions made public by the United Nations. Under United Nations General Assembly resolution 79/122, formal negotiations are underway following Draft Articles prepared by the International Law Commission in 2019, with Asia-Pacific states showing varied engagement in submitting written comments.
How Universal Jurisdiction Operates Under Draft Article 7
Draft Article 7 of the proposed convention establishes conditional universal jurisdiction for crimes against humanity, according to Amnesty International researchers Kate Schuetze and Jan Wetzel. The provision mandates that states establish criminal jurisdiction over territorial connections and suspects’ nationalities while requiring states to establish jurisdiction when a suspect is present in their territory and not extradited. Under Draft Article 10, custodial states carry a duty to prosecute or extradite suspects, while Draft Articles 9 and 13 govern notification and extradition requests.
Pro Tip: Unlike previous international treaties, the current draft maintains that no single legal basis of jurisdiction—whether territorial, active personality, passive personality, or universal—holds automatic primacy over another.
Asia-Pacific State Positions and Competing Proposals
Submissions from Asia-Pacific countries reveal a stark divide over the scope of universal jurisdiction, with China proposing to delete Draft Article 7 paragraphs 2 and 3 in full, according to Amnesty International’s analysis of state proposals. China’s submission argues that universal jurisdiction lacks clear legal evidence and conflicts with territorial primacy. Conversely, Japan suggests strengthening vertical international jurisdiction by allowing surrender to international tribunals, though it proposes a domestic law caveat for universal jurisdiction. Singapore and Türkiye advocate for explicit priority rules granting territorial or nationality states jurisdictional primacy, while South Korea supports the broader jurisdictional framework.
The Legal Case Against Jurisdictional Primacy
International law does not prescribe a ranking of jurisdiction, and introducing a hierarchy would severely weaken the convention, according to Schuetze and Wetzel. Creating conditions or primacy rules could render prosecution meaningless by forcing custodial states to seek permission or wait indefinitely for home states to act. Furthermore, the International Court of Justice affirmed in its 1970 Barcelona Traction ruling that crimes against humanity affect the legal interests of the international community as a whole, supporting robust, unhindered national prosecution mechanisms.
Did you know? Only a small number of Asia-Pacific states submitted written proposals ahead of the UN negotiations, with prominent omissions including Bangladesh, Indonesia, Malaysia, Mongolia, Aotearoa New Zealand, the Philippines, and Thailand.
Frequently Asked Questions
What is the timeline for the Crimes against Humanity Convention negotiations?
Formal negotiations are structured under UNGA resolution 79/122 to run until 2029 or 2030, following the first Preparatory Committee meeting held in January 2026.
What does Draft Article 7 require of states?
According to Amnesty International, Draft Article 7 obliges states to establish jurisdiction based on territory and offender nationality, and requires jurisdiction over any suspect present in their territory who is not extradited.
Why are some states pushing for jurisdictional primacy?
States advocating for primacy—such as Singapore, China, and Türkiye—argue that nations with territorial or nationality links have a greater interest in prosecuting the offense, though critics warn this could delay or obstruct accountability.
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