Ahead of the first session of the Conference Preparatory Committee and the Working Group for negotiations on a Convention on the Prevention and Punishment of Crimes against Humanity, organizations have called on all states to ensure broad, inclusive participation, particularly for persons with disabilities and their representatives. They emphasize that the rights and protection of persons with disabilities must be central to the future Convention. This comes after the UN General Assembly adopted Resolution 79/122 in December 2024, which advanced formal negotiations while deferring the decision on stakeholder participation beyond ECOSOC-accredited NGOs. States are urged to allow participation for organizations without ECOSOC status and to provide reasonable accommodations to ensure equal involvement.
The negotiations will use the International Law Commission’s 2019 Draft Articles as a baseline, with governments invited to submit proposed amendments by April 2026. While the Draft Articles provide a foundation, the organizations highlight the need to explicitly recognize crimes against humanity committed against persons with disabilities and to ensure mechanisms for their prevention, punishment, remedies, and reparations are fully inclusive. Broad civil society participation is considered essential for fair, transparent, and effective treaty-making, as it brings technical expertise, lived experience, and academic knowledge into the process.
Historical precedents, such as the Rome Statute negotiations and recent international conventions, show that inclusive participation strengthens treaty negotiations. The organizations argue that victims and survivors—particularly those from communities most affected, including persons with disabilities—must be allowed meaningful participation. Requiring new ECOSOC accreditation would exclude many organizations, especially from the Global South, and hinder equitable representation. Full participation should include procedural accommodations, accessible information, and the inclusion of disability experts on state delegations.
Persons with disabilities often face unique risks in conflicts, including targeted killings, torture, forced sterilization, and other abuses, as documented in historical and recent contexts. The organizations stress that the Convention should explicitly recognize disability as a ground for persecution and crimes against humanity. Provisions must address barriers to justice, ensuring accessible criminal proceedings, legal representation, recognition of legal capacity, and participation in reparations processes. The definition of victims should be broad enough to include those affected by disability-specific harms, and reparations should be tailored to address their specific needs, including psychosocial disabilities acquired as a result of crimes.
In conclusion, the undersigned organizations recommend that the Preparatory Committee and related negotiations enable full and meaningful participation for civil society, including persons with disabilities, without restrictive requirements. States should propose amendments to explicitly protect persons with disabilities, recognize crimes committed against them, and guarantee access to justice and reparations. A strong, inclusive Convention will strengthen international law, uphold human rights, and ensure that marginalized groups receive protection and recognition within global criminal justice frameworks.
Signatories include Amnesty International, Human Rights Watch, the International Commission of Jurists, the International Disability Alliance, and several academic and advocacy institutions.
