An Analysis of State Reactions to the ILC’s Work on Crimes Against Humanity: A Pattern of Growing Support
African Journal of International Criminal Justice (Fall 2020, Forthcoming)
Washington University in St. Louis Legal Studies Research Paper No. 20-08-02
28 Pages Posted: 4 Sep 2020
Date Written: August 19, 2020
Abstract
The international community has been engaged with the topic of crimes against humanity since the International Law Commission (ILC) began work on it in 2013, with a view to draft articles for a future convention. Between 2013 and 2019, 86 States as well as several entities and subregional groups made comments on the ILC’s work at the United Nations Sixth Committee or through written comments to the ILC. This article is the culmination of the Whitney R. Harris World Law Institute’s work cataloguing and analysing States’ comments by assigning each statement to one of five categories – strong positive, positive, neutral, negative, and strong negative – examining both specific words and the general tenor of the comments. This article analyses the development of States’ reactions to the ILC’s work over time, as well as specific issues that frequently arose, observing that there is a pattern of growing support from States to use the ILC’s Draft Articles on Prevention and Punishment of Crimes Against Humanity as the basis for a new convention.
Keywords: Crimes Against Humanity, Sixth Committee, International Law Commission, Draft Articles, International Criminal Court, United Nations, Treaty Development, Rule of Law
Suggested Citation: Suggested Citation