United Nations member States are formulating their positions on a proposed treaty to prevent and punish crimes against humanity, ahead of a January 2026 “preparatory committee” meeting that will lay the groundwork for amendments and full negotiations on a draft that has been under consideration since 2019. Some States and advocates specifically favor adding language that recognizes gender apartheid as an international crime. That presents a unique opportunity to fill a gap in international law to protect the rights — and lives — of women and girls. Over the next four years at the U.N. General Assembly, States will offer amendments and debate the proposed treaty. The process, laid out in a December 2024 resolution, is scheduled to conclude in 2029. The final result is intended to be an essential addition to international law; while crimes against humanity have proliferated around the world, there is currently no specific and comprehensive international treaty to prevent and punish these egregious offenses, especially those committed outside a context of armed conflict. The absence of a specific treaty contributes to downplaying the gravity of crimes against humanity, diminishing public understanding and governmental response. The lack of a treaty also means there is no dedicated body of experts focused on interpreting and monitoring its enforcement, and limited pathways to litigate violations of state responsibility. Women’s rights defenders have identified ways the treaty also should strengthen international protections for the rights of women and girls, including by making gender apartheid a crime under international law.
Gender Apartheid Should Be an International Crime (Heather Barr, Macarena Saez and Stacey-Leigh Manuel – Just Security)
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