Search: A Future Crimes Against Humanity Convention and Asia: A New Tool for Accountability
30 Oct Options for a Peace Settlement for Ukraine: Option Paper XVI – War Crimes, Crimes against Humanity and Genocide
...of specific options for accountability and justice for war crimes, crimes against humanity and genocide committed during the Ukraine-Russia conflict. The International Criminal Court The International Criminal Court (ICC) is the most likely option for accountability for the commission of war crimes, crimes against humanity and/or genocide. The ICC has jurisdiction over war crimes, crimes against humanity and genocide. The ICC’s status as most likely forum is because the ICC Prosecutor is already mobilised and investigating any possible crimes being committed in the Ukraine-Russia conflict, and because of the limitations...
25 Jul Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – A New Tool in the Fight Against Impunity for Core International Crimes
application can be seen schematically as composed of three concentric circles. In the first, middle circle—at the heart of the Convention—lie the crime of genocide, crimes against humanity and war crimes as they were adopted in Rome in 1998, whose definitions are set out in article 5. As per article 2(1), these crimes will be covered by the Convention automatically upon its entry into force with respect to the States concerned. The Convention also has a number of annexes with eight additional crimes: the new war crimes that have so...
26 May Futureproofing Human Rights Symposium: Beyond Ideal Types and Taxonomies – Towards A Relational Conception of Human Rights Accountability
risk perpetuating systems that remain unaccountable to the very people they aim to serve, disconnecting accountability processes and their intended outcomes. These problematic gaps led us to three focal points for developing a thicker notion of accountability: situated accountability, polycentric accountability, and reflexive accountability. Each of these dimensions embodies a distinct relational aspect of accountability: situated accountability examines the relational dynamics between accountability mechanisms and the social, political, and cultural contexts in which they operate; polycentric accountability explores the relationships between different accountability forums and how they interact across scales...
26 Jul Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Closing the Impunity Gap: The Prospects and Potential of the Ljubljana-The Hague Convention
crucial role in strengthening domestic legal frameworks and the cross-border cooperation essential to effective investigations, while also closing legal loopholes that have traditionally enabled perpetrators to escape accountability. The Architecture to Tackle Impunity Through International Cooperation 1. Domestic Incorporation of Genocide, Crimes Against Humanity and War Crimes States are mandated to criminalize and establish appropriate penalties for the crimes covered by Article 2(1) of the Convention – namely, genocide, crimes against humanity and war crimes as defined by the Rome Statute. Optionally, they may extend the Convention’s application to the...
16 Jan Following the Historic Trial of the 2009 [Stadium] Massacre, Guinea Should Support the Adoption of a United Nations Convention on Crimes Against Humanity
victims and survivors. To begin with, Guinea should support the ongoing process at the UN relating to the proposed Convention on the Prevention and Punishment of Crimes against Humanity. Guinea and the UN Draft Articles on Crimes against Humanity The draft articles for a United Nations Convention on the Prevention and Punishment of Crimes against Humanity (the future Convention) is the product of the work of the United Nations International Law Commission (ILC), a subsidiary body of the UN General Assembly (UNGA) whose mandate is the codification and progressive development...
03 Aug Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Fulfilling the Potential of this Landmark Treaty
of the Russian Federation Against Ukraine by the Council of Europe Summit. In some other aspects, however, the outcome of the negotiations has leaned towards a more cautious approach. The international crimes included in the main text are the three core Rome Statute crimes defined in its 1998 version (genocide, crimes against humanity and war crimes) plus eight optional annexes (including the crime of aggression, five Rome Statute amendments on war crimes as well as two stand-alone crimes on torture and enforced disappearances, i.e. those outside of the framework of crimes against humanity or...
06 Apr About Time: Statutory Limitations and Crimes against Humanity
to victims of such crimes and their families. In this sense, one can recall the 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity (entered into force on 11 November 1970). Similar rules are enshrined in the 1974 European Convention on the Non-Applicability of Statutory Limitations to Crimes against Humanity and War Crimes (entered into force on 27 June 2003). These treaties have respectively 56 and 8 States parties. On its part, Article 29 of the Rome Statute of the International Criminal Court establishes...
05 Aug Complementarity, Catalysts, Compliance Symposium: Two Problems of Positive Complementarity in the Context of the DRC
the ICC and national courts on crimes beyond the ICC’s territorial, personal and temporal jurisdiction. It follows that positive complementarity encompasses both post-2002 and pre-2002 crimes, and that there is no justification for focusing the spotlight solely on post-2002 crimes and to silence crimes prior to 2002. II.- Positive complementarity and legal characterization of crimes drawn from the Rome Statute This question deserves to be asked in view of the complexity and technicality of the contextual requirements of crimes under the ICC’s jurisdiction and given the poor quality of Congolese...
16 Apr Closing a Legal Gap on Crimes Against Humanity
suspected of criminal responsibility for crimes against humanity. Many international, regional and national tribunals have ruled that the non-application of amnesties for those suspected of criminal responsibility for crimes under international law, including crimes against humanity, is part of customary international law. Amnesty therefore urges states to incorporate a new provision in the Draft Articles whereby amnesties and other similar measures of impunity are explicitly prohibited. Crimes of Sexual Violence The Draft Articles recognize several crimes of sexual violence as crimes against humanity, including rape, sexual slavery and enforced prostitution...
28 Jul Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Victims’ Rights under the Ljubljana – The Hague Convention: Revisiting the Travaux Préparatoires
[Bruno Biazatti is a Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and a PhD candidate at the Federal University of Minas Gerais, Brazil.] The author attended the Ljubljana Diplomatic Conference and the observations contained here reflect his personal notes taken during the negotiations. The Ljubljana – The Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes and other International Crimes (“the Convention”), adopted on 26 May 2023 in Ljubljana, Slovenia, is an important step...