Chinese envoy urges safeguarding WWII outcomes at UN crimes against humanity talks

A Chinese envoy to the United Nations on Monday called for strengthened international cooperation to prevent and punish crimes against humanity, stressing respect for international law and historical justice, at a time when China-Japan relations have faced renewed strains.

Sun Lei, charge d'affaires of China's permanent mission to the United Nations, made the remarks at the first session of the Preparatory Committee for the UN Conference of Plenipotentiaries on the Prevention and Punishment of Crimes Against Humanity.

The committee was convened after the UN General Assembly decided through resolution 79/122 in 2024 to move toward negotiating a new treaty and creating a new global convention on crimes against humanity.

"Crimes against humanity constitute grave offenses that threaten international peace and security," Sun said, noting that the concept first appeared in the Charter of the International Military Tribunal at Nuremberg and the Charter of the International Military Tribunal for the Far East.

Sun recalled that during World War II, "Japanese militarism inflicted profound calamities upon the peoples of China, Asia and the world."

This year marks the 80th anniversary of the beginning of the work of the International Military Tribunal for the Far East, commonly known as the Tokyo trials. Sun said the tribunal "systematically adjudicated and exposed the crimes of Japanese militarism in planning, preparing for, and invading China and other Asian nations, as well as in launching the Pacific War".

"The Tokyo trials stand as irrefutable historical evidence of Japan's crimes of aggression," he said, adding that they "pioneered the development of international criminal law and sounded a clarion call for peace."

Sun said the international community should jointly safeguard the outcomes of victory in World War II, including the Tokyo trials, uphold the international order based on international law and prevent a return to militarism.

His remarks came amid growing tensions between China and Japan after Japanese Prime Minister Sanae Takaichi said on Nov 7 that the Chinese mainland's "use of force on Taiwan" could constitute a "survival-threatening situation" for Japan and implied the possibility of armed intervention in the Taiwan Strait.

China has voiced strong opposition to the remarks, including through two letters sent by China's UN envoy Fu Cong to UN Secretary-General Antonio Guterres.

Against the current international developments marked by intertwined changes and turmoil and regional conflicts, Sun said strengthening the prevention and punishment of crimes against humanity is "both timely and of great significance."

Sun said China has consistently supported the lawful punishment of crimes against humanity and has participated constructively in discussions within the UN Sixth Committee, submitting written government comments at the end of 2023.

Sun said combating crimes against humanity must comply with the UN Charter and universally recognized principles of international law.

"In recent years, crimes against humanity have been subjected to repeated political manipulation," he said. "Under the guise of combating crimes and protecting human rights, certain states have interfered in other countries' internal affairs and engaged in armed aggression."

He called for draft articles to emphasize respect for state sovereignty and territorial integrity, the prohibition of the use or threat of force, non-interference in internal affairs, and relevant rules of customary international law, including judicial immunity.

Sun also said the definition of crimes against humanity should not be directly transposed from the Rome Statute of the International Criminal Court.

"Over one-third of states are not parties to the Rome Statute," he said, adding that its definition "does not represent a universal consensus."

On international cooperation, Sun said flexibility and inclusiveness should be demonstrated, with full respect for differences in national legal systems. "These matters should fully respect national legal systems and discretionary powers," he said.

The UN's meeting on Monday looked in detail at how to take a more universal approach at punishing war crimes, murder or widespread attacks on civilians and ways to prevent future atrocities. But resolution 79/122 also stressed that "states have the primary responsibility to prevent and punish crimes against humanity."