Bringing States to Justice for Crimes against Humanity – The Compromissory Clause in the ILC Draft Convention on Crimes against Humanity

KFG Working Paper Series, No. 12, Berlin Potsdam Research Group 'The International Rule of Law – Rise or Decline?'

24 Pages Posted: 27 Apr 2018  

Andreas J Zimmermann

University of Potsdam

Felix Boos

University of Potsdam

Date Written: April 2018

Abstract

Draft Art. 15 CCAH attempts to strike a balance between State autonomy and robust judicial supervision. It largely follows Article 22 CERD conditioning the jurisdiction of the ICJ on prior negotiations. Hence, the substance of the clause is interpreted in light of the Court’s recent case law, especially Georgia v. Russia. Besides, several issues regarding the scope ratione temporis of the compromissory clause are discussed. The article advances several proposals to further improve the current draft, addressing the missing explicit reference to State responsibility, as well as the relationship between the Court and a possible treaty body, It also proposes to recalibrate the interplay of a requirement of prior negotiations respectively the seizing of a future treaty body on the one hand and provisional measures to be indicated by the Court on the other.

Suggested Citation

Zimmermann, Andreas J and Boos, Felix, Bringing States to Justice for Crimes against Humanity – The Compromissory Clause in the ILC Draft Convention on Crimes against Humanity (April 2018). KFG Working Paper Series, No. 12, Berlin Potsdam Research Group 'The International Rule of Law – Rise or Decline?'. Available at SSRN: https://ssrn.com/abstract=3159024 or http://dx.doi.org/10.2139/ssrn.3159024

Andreas J Zimmermann (Contact Author)

University of Potsdam ( email )

August-Bebel Strasse 89
Potsdam, 14482
Germany

Felix Boos

University of Potsdam ( email )

August-Bebel Strasse 89
Potsdam
Germany

Register to save articles to
your library

Register

Paper statistics

Downloads
30
Abstract Views
143
PlumX