Terrorist atrocities must be treated as crimes against humanity: India at UN

India has said that crimes and atrocities perpetrated by terrorists should be reflected within the framework of crimes against humanity, given the “grave nature” of terror acts and their impact on people.

“The overarching objective of international law is the preservation of universal values of humanity. Serious violations of international law run counter to the spirit and purposes of the Charter of the United Nations,” Counsellor in the Permanent Mission of India to the UN R Mythili said on Monday. Delivering India’s statement at the 81st Session of the UNGA Sixth Committee on ‘UN Conference of Plenipotentiaries on Prevention and Punishment of Crimes against Humanity,’ she said that states bear the responsibility to ensure justice and accountability for grave human rights violations and mass atrocities committed within their territory or by their nationals in accordance with their national legislation.

India noted that existing international instruments already address, to a considerable extent, the prevention and punishment of crimes against humanity. 

“Any new legally-binding instrument should complement rather than duplicate existing international legal mechanisms,” Mythili said.

India stressed that “crimes and atrocities perpetrated by terrorists, where they meet the requisite threshold, should be appropriately reflected within the framework of crimes against humanity, given the grave nature of such acts and their impact on people.

“This should, however, be considered in a manner consistent with the overall approach of the draft articles and without simply transposing existing legal regimes into a new convention,” she said. Further, India said a clear jurisdictional linkage should guide the exercise of jurisdiction by states over crimes against humanity.

“States exercising territorial jurisdiction or active nationality jurisdiction are generally best placed to investigate and prosecute such crimes effectively. Territorial and national jurisdiction should therefore be accorded primacy, taking into account the interest of justice, the rights of the accused, and the interest of victims,” she said.

She emphasised that such an approach is grounded in the fundamental principles of international law, recognising the sovereign prerogative of states to exercise jurisdiction through their national courts over crimes committed within their territory or by their nationals.

India underlined the need to strengthen national capacities for the effective prevention, investigation and prosecution of crimes against humanity.  “International cooperation and technical assistance should support and enhance national mechanisms rather than duplicate them,” she said. India stressed that the nature, scope, and format of any future legally-binding instrument should not be predetermined without comprehensive and substantive deliberation on all aspects of the draft articles. 

“The concerns and views of all member states, including those that are not parties to existing international instruments, must be considered through a transparent, inclusive, and meaningful dialogue within the preparatory committee meetings,” she said.