Question of the punishment of war criminals and of persons who have committed crimes against humanity

XXVI. RESOLUTIONS ADOPTED ON THE REPORTS OF THE THIRD COMMITTEE
2840. Question of the punishment of war criminals and of persons who have committed crimes against humanity

The General Assembly, Recalling its resolutions 3 (I) of 13 February 1946 and 170 (II) of 31 October 1947 on the extradition and punishment of war criminals and its resolution 95 (I) of 11 December 1946 affirming the principles of international law recognized by the Charter of the International Military Tribunal, Nuremberg, and the judgement of that Tribunal, Recalling further its resolution 2712 (XXV) of 15 December 1970 in which it condemned the war crimes and crimes against humanity at present being committed as a result of aggressive wars and the policies of racism, apartheid and colonialism, Again noting with regret that the numerous decisions adopted by the United Nations on the question of the punishment of war criminals and of persons who have committed crimes against humanity are still not being fully complied with, Recalling the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, Convinced that the effective punishment of war crimes and crimes against humanity is an important element in putting an end to and preventing such crimes, in the protection of human rights and fundamental freedoms, in the strengthening of confidence and in promoting cooperation between peoples as well as peace and international security, Expressing its deep concern at the fact that many war criminals and persons who have committed crimes against humanity are continuing to take refuge in the territories of certain States and are enjoying their protection, Affirming that war crimes and crimes against humanity are among the most dangerous crimes under international law, Firmly convinced of the need for international cooperation in the thorough investigation of war crimes and crimes against humanity, as defined in article I of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, and in bringing about the detection, arrest, extradition and punishment of all war criminals and persons guilty of crimes against humanity who have not yet been brought to trial or punished,

1. Urges all States to implement the relevant resolutions of the General Assembly and to take measures in accordance with international law to put an end to and prevent war crimes and crimes against humanity and to ensure the punishment of all persons guilty of such crimes, including their extradition to those countries where they have committed such crimes;

2. Further urges all States to co-operate in particular in the collection and exchange of information which will contribute to the detection, arrest, extradition, trial and punishment of persons guilty of war crimes and crimes against humanity;

3. Again calls upon a States which have not yet done so to become as soon as possible parties to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity;

4. Affirms that refusal by States to co-operate in the arrest, extradition, trial and punishment of persons guilty of war crimes and crimes against humanity is contrary to the purposes and principles of the Charter of the United Nations and to generally recognized norms of international law;

5. Requests the Commission on Human Rights to consider the principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity and to submit a report on this question to the General Assembly at its twenty-seventh session.

2025th plenary meeting,
18 December 1971.