Delivered By: Myan Tantawy, Second Secretary

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Thank you, Chair.

• This is an important discussion, particularly in light of the continuing war on Gaza.

[Draft Article 2]

• The definition of crimes against humanity is among the most important draft articles because the rest of the draft articles hinge on the definition.

• We join other delegations in expressing the need for broad acceptance of this text. This requires a definition of crimes against humanity that can facilitate us reaching consensus. The definition of crimes against humanity should reflect the views of the international community as a whole, and should take account of existing definitions in national legislation of member states.

• We note that under paragraph 3, the definition in Draft Article 2 is “without prejudice” to any broader definition provided for in any international instrument, customary law or in national law. Indeed, the UAE, like many other member states, has existing national legislation on the issue of crimes against humanity. At the same time, further discussion is needed to determine the outer limits of this “without prejudice” clause, and we also must be mindful that international instruments have varying levels of acceptance by member states. Further clarification is required on the reference to “customary international law” in this clause, including as to whether this suggests that the definition in Draft Article 2 conflicts with or is otherwise different from existing customary norms on crimes against humanity. As noted above, the definition of crimes against humanity in this provision should reflect the views of the international community as a whole, as indicating otherwise will limit the role and contribution of this project.

[Draft Article 4]

• As regards Draft Article 4, we underline the critical importance of prevention – and in particular of the responsibility of States to cooperate to prevent crimes against humanity, including in their participation in international organizations.

• In this regard, and in consideration of Draft Article 4(b), we highlight the special responsibility of the Security Council and its members in the maintenance of international peace and security and their role in the prevention of crimes against humanity. This also means that, in situations of crimes against humanity, permanent members should refrain from using their veto power in order to fulfil the obligation of prevention.