Crimes Against Humanity Initiative
Overview
The Crimes Against Humanity Initiative is a project launched in 2008 by the Whitney R. Harris World Law Institute at the Washington University School of Law in St. Louis. The initiative aims to study and contribute to the development of a comprehensive legal framework to address crimes against humanity at the international level. This includes the drafting of a proposed international convention on the prevention and punishment of crimes against humanity.
Background
Crimes against humanity refer to widespread or systematic attacks directed against any civilian population, with knowledge of the attack. These crimes include, but are not limited to, murder, extermination, enslavement, deportation, imprisonment, torture, rape, enforced disappearances, apartheid, and other inhumane acts. The concept of crimes against humanity has been part of international law since the Nuremberg Trials following World War II, but there is currently no comprehensive international treaty that addresses these crimes specifically.
The Initiative
The Crimes Against Humanity Initiative was launched with the goal of addressing this gap in international law. It has three main components: research, consultation, and drafting. The research component involves a comprehensive study of the current state of international law regarding crimes against humanity, including existing treaties, customary international law, and jurisprudence from international courts and tribunals. The consultation component involves engaging with legal experts, government representatives, and civil society organizations around the world to gather input on the proposed convention. The drafting component involves the preparation of a draft convention, which is then revised based on the input received during the consultation process.
Research
The research conducted by the Initiative has resulted in a number of publications, including a comprehensive study of the current state of international law regarding crimes against humanity. This study examines existing treaties, such as the Genocide Convention and the Rome Statute of the International Criminal Court, as well as customary international law and jurisprudence from international courts and tribunals. The study also explores the gaps in the current legal framework and the need for a comprehensive international convention on crimes against humanity.
Consultation
The consultation process undertaken by the Initiative has involved a series of regional consultations with legal experts, government representatives, and civil society organizations. These consultations have taken place in various locations around the world, including Africa, Asia, Europe, and the Americas. The purpose of these consultations is to gather input on the proposed convention and to build support for its adoption by the international community.
Drafting
The drafting component of the Initiative has resulted in the preparation of a draft convention on the prevention and punishment of crimes against humanity. This draft convention covers a wide range of issues, including the definition of crimes against humanity, the obligation of states to prevent and punish these crimes, the establishment of jurisdiction over these crimes, and the cooperation between states in their investigation and prosecution.
Impact
The work of the Crimes Against Humanity Initiative has contributed significantly to the development of a comprehensive legal framework for addressing crimes against humanity. The draft convention prepared by the Initiative has been presented to the United Nations and is currently being considered by the International Law Commission. If adopted, the convention would fill a significant gap in international law and would provide a powerful tool for the prevention and punishment of crimes against humanity.