S. Developments in International Criminal Law

Lawyers from governments worldwide are preparing for negotiations on a highly consequential international human rights and international criminal law convention: the Convention to Prevent and Punish Crimes Against Humanity. This is likely to be the most significant human rights treaty-making exercise in the foreseeable future.

Based on consideration of provisions in previous international instruments (the Genocide Convention, the Convention Against Torture, the Convention for the Protection of All Persons from Enforced Disappearances), students will consider the possible formulation of comparable text in the prospective Crimes Against Humanity treaty. The negotiation of these provisions will determine the effectiveness of this future Convention. These articles include: the definition of possible additional offenses determined as crimes against humanity; the breadth of jurisdiction granted to Convention States Parties; the obligation of States Parties to prevent these crimes; and the procedures by which disputes between States Parties, including breaches of state responsibility, will be resolved.

Students will come away from this course with a grasp of how the identified provisions bear on the effectiveness of the future Convention on Crimes Against Humanity and how these have evolved through the negotiation of earlier instruments.