The Liability of Legal Persons in the Future Convention on the Prevention and Punishment of Crimes Against Humanity

Contrary to other international crimes, like war crimes and genocide, there is currently no international treaty specifically devoted to crimes against humanity.

The crimes against humanity that have likely been committed in various parts of the world demonstrate the urgent need to address them through a universally applicable treaty adopted by States.

In 2019, the International Law Commission (ILC), a United Nations body mandated to promote “the progressive development of international law and its codification” adopted the Draft Articles on the Prevention and Punishment of Crimes Against Humanity (Draft Articles) and submitted them to the United Nations General Assembly (UNGA) for consideration. After several years of deadlock, in December 2022 the UNGA established a two-year process during which States exchanged “substantive views […] on all aspects of the draft articles” and examined the recommendation made by the ILC concerning the elaboration of a convention based on the said draft articles.

Finally, in December 2024, the UNGA adopted a resolution providing for the process towards the negotiation and conclusion of the future Convention on the Prevention and Punishment of Crimes Against Humanity.

Key steps toward the adoption of the future Convention on Crimes Against Humanity:

What role is TRIAL International playing? 

Since late 2023, TRIAL International has been actively engaged in the UN process towards a Convention on the Prevention and Punishment of Crimes against Humanity through a combination of advocacy, expert contributions, and convenings.

The organisation has participated in key events  and has regularly engaged with States and civil society actors through both public and closed-door meetings.

TRIAL International has also contributed substantive legal analysis to the process through the co-publication of several briefing papers, addressing core issues such as the non-applicability of statutory limitations (including for reparations claims), the liability of legal persons, universal jurisdiction, the prohibition of amnesties, and victims’ rights in the future Convention.

Read the paper “(March 2024) Towards a Convention on the Prevention and Punishment of Crimes against Humanity: Recommendations to States”

Spearheading accountability for legal persons

Crimes against humanity are not only committed by individuals. In diverse contexts worldwide, legal persons, especially corporate entities, have enabled, facilitated, or profited from these crimes.

As States  prepare to negotiate and conclude a Convention on the Prevention and Punishment of Crimes against Humanity, it is imperative that this instrument addresses the involvement of legal persons in such crimes.

The future  Convention will shape how these crimes are prevented and punished for decades to come. By clearly addressing the responsibility of legal persons, it offers a unique opportunity to strengthen accountability and close long-standing gaps in international justice.

Take Action

Read our briefing paper on the inclusion of a comprehensive provision on the liability of legal persons in the future Convention on Crimes against Humanity and consider endorsing this work by completing this form.

We believe that the future Convention on Crimes against Humanity represents a unique opportunity to advance accountability and justice for crimes committed by legal persons, including companies. By acting together, we can help ensure that the future text delivers a clear, effective, and meaningful legal response to the involvement of those entities in crimes against humanity.

Ongoing list of signatories:

Organisations

• Amnesty International
• European Center for Constitutional and Human Rights (ECCHR)
• Global Initative Against Impunity (GIAI)
• International Federation for Human Rights (FIDH)
• REDRESS
• Women’s Initiatives for Gender Justice

Individuals

• Alessandra De Tommaso, Senior Lecturer in Law (Middlesex University)
• Daniel Marín-López, Colombian lawyer and political scientist (University of Los Andes)
• Daphne Demetriou, Senior Lecturer in Law and Campus Programme Coordinator, Postgraduate Law & Politics (Middlesex University Dubai)
• Greta Schulze Dorfkönig, LLM in Public International Law
• Nadia Volodar, Lawyer and political scientist (University of Buenos Aires)
• Grace Lee, Programme Coordinator, Business and Human Rights (Friedrich-Alexander-Universität Erlangen-Nürnberg)
• Venesa Sulimani, Intergenerational Trauma Advocate (Kosovo)
• Hannah Garry, Director, USC School of Law Gilbert Global Justice and Human Rights Center
• David Donat Cattin, Adjunct Professor of International Law at Center for Global Affairs (New York University)