Combating crimes against humanity must comply with UN Charter, int'l law: Chinese envoy

Combating crimes against humanity must comply with the UN Charter and universally recognized principles and rules of international law, a Chinese envoy said on Monday.

Sun Lei, charge d'affaires of the Chinese Permanent Mission to the United Nations, made the remarks at the First Session of the Preparatory Committee for the United Nations Diplomatic Conference of Plenipotentiaries on the Prevention and Punishment of Crimes Against Humanity.

The UN Conference, scheduled for 2028 and 2029, is tasked with drafting a convention on the prevention and punishment of crimes against humanity.

In recent years, crimes against humanity have been subjected to repeated political manipulation, said Sun. 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, he explained.

"We recommend that the draft articles further emphasize 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," he said. "They should also reflect the rules of customary international law, such as respect for the judicial immunity of state officials."

Sun said the definition of crimes against humanity is one of the core issues concerning the convention, and should not be simply transposed from the Rome Statute.

Over one-third of UN members are not parties to the Rome Statute, meaning that its definition does not represent a universal consensus. Furthermore, definitions of crimes against humanity vary across other international treaties and instruments. The definition for the new convention should be established on the basis of a thorough examination of state practice, broadly consolidating consensus among all parties, said Sun.

International cooperation in combating crimes against humanity should respect the circumstances and differences in the legal systems of countries. Flexibility and inclusiveness should be demonstrated on contentious issues. The national legal system and discretionary powers should be fully respected, he said.

China wishes to emphasize that, as mandated by UN General Assembly Resolution 79/122, the discussions of the Preparatory Committee and its working group do not constitute formal treaty negotiations, and that the current draft articles are not a zero draft of the convention, said Sun.

The views expressed and amendments submitted by member states should serve as an important foundation and reference for future treaty negotiations. The convention negotiations, as an intergovernmental process, must fully respect member states' sovereignty and reflect the state-driven nature, he said.

The participation of nongovernmental organizations should comply with relevant UN procedural rules and customary practices, and must not be used as a pretext to interfere in countries' internal affairs or undermine national sovereignty, he said.

"The formulation of a convention on the prevention and punishment of crimes against humanity is of vital importance to the collective interests 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," said Sun.

China stands ready to work with all parties to advance international cooperation in combating crimes against humanity and jointly promote world peace and uphold international fairness and justice, he said.