Chair, 

Crimes against humanity constitute grave offenses that threaten international peace and security. This charge first appeared in the Charter of the International Military Tribunal at Nuremberg and the Charter of the International Military Tribunal for the Far East, embodying the conscience of humankind. During the Second World War, Japanese militarism inflicted profound calamities upon the peoples of China, Asia, and the world. This year marks the 80th anniversary of the beginning of the work of the International Military Tribunal for the Far East(“Tokyo trials”). The Tribunal systematically adjudicated and exposed the crimes of Japanese militarism in planning, preparing for, and invading China and other Asian nations, as well as in launching the Pacific War. It sentenced relevant war criminals for crimes against peace, war crimes, and crimes against humanity. The Tokyo trials stand as irrefutable historical evidence of Japan's crimes of aggression, pioneered the development of international criminal law, and sounded a clarion call for peace to correct Japan's expansionist policies. The international community should jointly safeguard the victorious outcomes of the Second World War, including the Tokyo trials, uphold the international order based on international law, and prevent Japan from reverting to the old and pernicious path of militarism. Against the current international developments marked by intertwined changes and turmoil and regional conflicts arising one after another, strengthening the prevention and punishment of crimes against humanity is both timely and of great significance. 

China has consistently supported the lawful punishment of crimes against humanity, and has participated constructively in the deliberations within the Sixth Committee and submitted written government comments at the end of 2023. Here, China wishes to further emphasize the following positions:

First, combating crimes against humanity must comply with the UN Charter and universally recognized principles and rules of international law. In recent years, crimes against humanity have been subjected to repeated political manipulation. Under the guise of combating crimes and protecting human rights, certain states have engaged in interference in other countries’ internal affairs and armed aggression, gravely violating the spirit of international rule of law. We recommend that the draft articles further emphasize the respect for the sovereignty and territorial integrity of states, the prohibition of the use or threat of force, non-interference in internal affairs, and other principles of international law. They should also reflect the rules of customary international law, such as the respect for the judicial immunity of state officials. 

Second, the definition of crimes against humanity is one of the core issues of negotiation, and should not be simply transposed from the Rome Statute. Over 1/3 of the States are not parties to the Rome Statute, meaning that its definition does not represent a universal consensus within the international community. Furthermore, definitions of crimes against humanity vary across other international treaties and instruments. The definition should be established on the basis of a comprehensive and thorough examination of state practices, broadly consolidating consensus among all parties. 

Third, international cooperation on combating crimes against humanity should respect countries’ own circumstances and differences in their legal systems. Flexibility and inclusiveness should be demonstrated on contentious issues such as whether all specific offenses under crimes against humanity should be exempt from statute of limitations, and whether criminal liability of legal persons should be established in domestic law. These matters should fully respect the national legal system and discretionary powers. 

Chair, 

China wishes to emphasize that, as mandated by GA Resolution 79/122, discussions of the preparatory committee and the working group do not constitute formal treaty negotiations. The current draft articles are not a zero draft of the convention either. The views expressed and amendments submitted by Member States should serve as an important foundation and reference for future treaty negotiations. The convention negotiation, as an intergovernmental process, must fully respect Member States’ sovereignty and reflect the state-driven nature. NGO participation should comply with relevant UN procedural rules and customary practices. Their mandates and activities must be closely linked to combating crimes against humanity and must not be used as a pretext to interfere in countries’ internal affairs or undermine national sovereignty. The NGO participation should be determined on the basis of consensus. 

Chair, 

The formulation of convention on the prevention and punishment of crimes against humanity is of vital importance to the collective interest of the international community and represents a major systematic undertaking. All parties should approach this work with a sense of responsibility, respect each other’s legitimate concerns, and strive to achieve the broadest possible consensus. China stands ready to work with all parties to advance international cooperation on combating crimes against humanity, and jointly promote world peace and uphold international fairness and justice. 

Thank you, Chair.