
University of Georgia School of Law Professor Diane Marie Amann recently took part in a New York conference that launched the Children and Crimes Against Humanity Coalition, formed to ensure that child justice is embedded in a treaty to be negotiated at the United Nations.
Held at Columbia University, the May 5 conference centered on “Justice for Children in the Future Convention on the Prevention and Punishment of Crimes Against Humanity” (pictured above right), a Coalition white paper setting forth provisions aimed at ensuring due recognition of children.
Professor Amann, who chaired a conference panel entitled “Increasing Visibility of Crimes Affecting Children and New Crimes Against Children,” commented on drafts and is an individual endorser of the Coalition white paper. Here at Georgia Law, she is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Dean Rusk International Law Center. She was Special Adviser to International Criminal Court Prosecutor Fatou Bensouda on Children in & affected by Armed Conflict from 2012 to 2021, and has served since 2023 on the Bring Back Kids UA Task Force. Her recent publications in this field include “Child-Taking,” 45 Michigan Journal of International Law 305 (2024), and “International Child Law and the Settlement of Ukraine‑Russia and Other Conflicts,” 99 International Law Studies 559 (2022).
By U.N. General Assembly resolution, states will conclude the Crimes Against Humanity Treaty – known formally as the Convention on the Prevention and Punishment of Crimes Against Humanity – following diplomatic plenipotentiary conferences in 2028 and 2029. Preparatory meetings will take place in the interim, beginning next January.
The treaty’s text will derive from draft articles adopted in 2019 by the International Law Commission, and from amendments to those articles which U.N. member states may propose during the negotiation process.
Through efforts like the Columbia conference and the just-released white paper, the Children and Crimes Against Humanity Coalition will endeavor to promote states’ proposals to include in child-related provisions in the final treaty text. Its white paper proposes, inter alia: that every person under 18 be defined as a child; that the crime of persecution expressly include age as a prohibited ground; and the enumeration of acts that may constitute crimes against humanity explicitly include recruitment and use of children by armed groups and armed forces, as well as forced marriage. Further provisions relate to national justice and reparations proceedings; among these is the proposal that any child suspected of having committed a crime against humanity will be treated in a country’s child justice system, and not via an adult criminal prosecution.
The white paper’s authors are Véronique Aubert (Save the Children), Zoé Bertrand (Global Survivors Fund), Janine Morna (Amnesty International), and Zama Neff (Human Rights Watch). Those nongovernmental organizations co-sponsored the May 5 conference, along with various units of Columbia University and the U.N. permanent missions of Andorra, Brazil, Malta, Mexico, and the United Kingdom.