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In July 2014, the U.N. International Law Commission placed the topic “Crimes against humanity” on its current program of work and appointed a Special Rapporteur. According to the topic proposal, the objective of the Commission is to draft articles for what could become a Convention on the Prevention and Punishment of Crimes against Humanity.

In 2015, based on the Special Rapporteur’s First Report, the Commission provisionally adopted the first four draft articles with commentary. In 2016, based on the Special Rapporteur’s Second Report, the Commission provisionally adopted an addition six draft articles with commentary. In this Third Report, which will be debated by the Commission during the summer of 2017, the Special Rapporteur proposes a draft preamble and seven additional draft articles, which are focused on various obligations of States with respect to the prosecution of crimes against humanity within national law. Specifically, the seven proposed draft articles address: extradition (draft article 11); non-refoulement (draft article 12); mutual legal assistance (draft article 13); treatment of victims, witnesses and others (draft article 14); relationship to competent international criminal tribunals (draft article 15); federal State obligations (draft article 16); and inter-State dispute resolution in the event of non-compliance (draft article 17).

Annex I to the report contains the ten draft articles provisionally adopted by the Commission to date. Annex II contains the draft preamble and seven draft articles proposed in this report.

GW Paper Series

GWU Law School Public Law Research Paper No. 2017-26; GWU Legal Studies Research Paper No. 2017-26

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