Written answer
United Nations
123. Deputy Ivana Bacik asked the Minister for Foreign Affairs and Trade the position regarding the omission of persons with disabilities from the draft United Nations Treaty on Crimes Against Humanity; if she will make submissions to ensure their inclusion; and if she will make a statement on the matter. [51845/26]
Comment on this
Ireland’s position on an international convention on crimes against humanity is very clear: we strongly support the elaboration of such a convention, on the basis of the International Law Commission (ILC) Draft Articles. Unlike the other core international crimes of genocide and war crimes, there is no stand-alone international instrument on the prevention and punishment of crimes against humanity. Such a convention is therefore essential to close a significant accountability gap in the international treaty law framework.
There has been an item on the Draft Articles on Crimes against Humanity on the UN General Assembly Sixth (Legal Affairs) Committee agenda since 2020, following the adoption of the Draft Articles by the International Law Commission in 2019. This has included two additional ‘resumed sessions’ of the Sixth Committee dedicated to this subject in April 2023 and April 2024. Ireland actively participated in the Sixth Committee’s work in this regard, through both written and oral submissions.
In December 2024, the Sixth Committee adopted resolution 79/122 establishing a treaty negotiation process, agreeing to hold a UN Diplomatic Conference of Plenipotentiaries on Prevention and Punishment of Crimes against Humanity in 2028 and 2029. The resolution also provided for the convening of a Preparatory Committee in 2026 and 2027, to consider the working methods of the Conference and to prepare the text that will serve as the basis for negotiations during the Conference.
The first meeting of the Preparatory Committee took place from 19 to 31 January 2026 and the Legal Adviser at the Department of Foreign Affairs & Trade, Declan Smyth, was elected to chair that Committee.
As an Irish official is now chairing the Preparatory Committee, and in accordance with long-standing custom with regard to the neutrality of the chair in these processes, it would not be appropriate for Ireland to submit any proposals for inclusion in the negotiating text at this point.
More broadly, however, Ireland is committed to championing the rights of persons with disabilities throughout its foreign policy, taking a human rights-based approach to the rights of disabled people in all international engagement. At the UN, Ireland supports resolutions at the General Assembly Third (Social, Humanitarian & Cultural Issues) Committee and at the Human Rights Council on the rights of persons with disabilities. Ireland burden-shares the biannual resolution on the Implementation of the Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto at the Third Committee. For example, Ireland was an early co-sponsor of the biannual resolution on the rights of persons with disabilities at HRC61, and of the Resolution renewing the mandate of the Special Rapporteur on the rights of persons with disabilities at HRC62. The rights of persons with disabilities in conflict is a priority in Ireland’s campaign for membership of the Human Rights Council 2027-2029.