engleski

The International Law Commission and the Codification of Crimes Against Humanity - Has the Time Come for the Adoption of an International Convention?

In the focus of this research is the analysis of the codification process led by the International Law Commission on the issues of prevention and punishment of crimes against humanity. With the aim of preparing a legal basis for a universal convention on crimes against humanity, similar to conventions prohibiting some other international crimes, such as the crime of genocide and the crime of torture, after a five-year work the ILC has formulated the Draft Articles on Prevention and Punishment of Crimes against Humanity in 2019. The author of this research critically analyses and compares the definition of crimes against humanity, the obligations of States not to engage in the commission of such crimes, to prevent and punish crimes against humanity and other elements of the codification with theoretical reflections and the jurisprudence of international courts and tribunals concerning crimes against humanity. Special attention is given to the influence of the Rome Statute of the International Criminal Court on the definition of crimes against humanity as well as to comments of States on the ILC’s Draft Articles on Prevention and Punishment of Crimes against Humanity. In light of the reactions and suggestions made by States and the recommendation of the ILC to the UN General Assembly to consider convening an international conference with the aim of elaborating an international convention on crimes against humanity, the author concludes that the adoption of a legally binding document is necessary for the finalization of the codification process. Moreover, the conclusion of a widely accepted convention would be crucial for the improvement of inter-State cooperation in the prevention and punishment of crimes against humanity because impunity for these crimes must be put to an end.

codification, International Law Commission, Draft Articles on Prevention and Punishment of Crimes against Humanity, crimes against humanity, international convention

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