Statement by the Permanent Representative of Brazil to the United Nations, Ambassador Sérgio França Danese, at the I Preparatory Committee of the United Nations Diplomatic Conference of Plenipotentiaries on Prevention and Punishment of Crimes against Humanity - January 19th, 2026

Mister Chair/Madam Chair,

Allow me to salute you, as well as Professor Sean Murphy, and the distinguished colleagues on this important occasion.

After so many years without consensus in the General Assembly on a negotiating mandate for a universal convention on such an important subject, there is all the more reason to welcome the opening of this session, especially in light of the challenging context currently facing the multilateral system.
It is reassuring to note that, when confronted with shared challenges, the international community finds it worthwhile to reaffirm its commitment to the pursuit of common solutions, grounded in cooperation and the rule of law.

Mister Chair / Madam Chair,

The obligation to prevent and punish crimes against humanity goes hand in hand with the obligation to respect and ensure respect for fundamental human rights, so as to avoid impunity for grave violations. As members of the international community, we must engage accordingly.
On the basis of this necessary cooperation, Brazil considers it crucial that the negotiation of a convention on crimes against humanity be guided by three fundamental approaches.

First, we must keep a firm commitment to the principles of the Charter of the United Nations. It is essential that the "travaux préparatoires" and the final instrument reflect the full respect for core principles such as cooperation and non-intervention.Second, and as a consequence, it is necessary to depoliticize our debates as much as possible, so that our collective endeavor aimed at preventing and punishing crimes against humanity prevails over any lesser divisions.

And third, we must keep in mind our purpose of enhancing legal certainty through harmonization. In light of this task, it is essential to give due consideration to customary international law, existing international criminal law and human rights treaties and decisions of international courts and tribunals applicable to the prevention and punishment of crimes against humanity.

In order to move forward in a pragmatic and constructive way, it will be necessary to seek to build upon existing frameworks, rather than fragment them.

Mister Chair / Madam Chair,

Just as we are not starting from scratch, we must make clear that sets of rules falling outside the scope of the Conference will not be affected by the conclusion of a future convention on crimes against humanity.

It is also necessary to avoid a new instrument encompassing acts that, under international criminal law, would not be regarded as properly falling within the concept of crimes against humanity.

Finally, we must take into account that a future convention must be designed for application by the domestic criminal courts of States, which are subject to principles such as that of strict legality.

Accordingly, not all provisions contained in the statutes of international criminal courts would be automatically transposable to the future convention without appropriate adaptation.

Brazil believes that such guiding parameters would assist us in looking to the horizon with our feet firmly on the ground, and in moving forward in a constructive and responsible manner, building upon the International Law Commission’s 2019 draft articles.

Without prejudice to submitting revised proposals to the Secretary-General by the end of April, the Brazilian delegation looks forward to sharing its views on the draft articles over the course of these two weeks. We stand ready to contribute to bridging efforts and to fostering a constructive atmosphere in preparation for the much-anticipated diplomatic conference on crimes against humanity.

The success of our common endeavor will depend on our collective commitment. You can count on Brazil.

Thank you.