Critical analysis of international law commission’s draft articles on crimes against humanity

Abstract

International community of states has adopted specific conventions to prevent genocide and war crimes in 1949 itself. However, a universal convention to prevent and punish crimes against humanity is still pending. From 2014, the International Law Commission has started a serious work to formulate draft articles for a universal convention on crimes against humanity. After five years when the commission has come out with all draft articles for the proposed international convention on crimes against humanity, it is pertinent to critically analyse the same. Other than introduction and conclusion, this paper is divided in four parts. Introductory part has discussed the concept in brief and its development over the time from mere an idea to an international crime. First part of this paper is focussed on the desirability of this convention. Second part is exclusively dedicated to the definition of crimes against humanity as adopted by the commission. Third part presents a bird’s eye view on all other draft articles along with critical perspective on them. Fourth part has critically discussed the response of Sixth committee, the legal arm of United Nations, to these draft articles. This part has discussed the viewpoints of representatives of various member States, and has tried to chalk out common objections and suggestions of the States. In conclusion, some practical suggestions are provided which can increase acceptability of these draft articles in the United Nations General Assembly.