African Journal of International Criminal Justice

Article

Time to Deliver

Defining a Process Towards the Negotiation of a Convention on the Prevention and Punishment of Crimes Against Humanity

Keywords Sixth Committee, International Law Commission, intergovernmental negotiations, multilateral treaties, treaty-making process
Authors Pablo Arrocha Olabuenaga
Author's information

381377 Pablo Arrocha Olabuenaga
Vice-president of the Seventy-fourth Session of the Sixth Committee of the General Assembly, Legal Adviser of the Permanent Mission of Mexico to the United Nations and personal assistant to the ILC’s Special Rapporteur for the topic ‘provisional application of treaties’, Mr. Juan Manuel Gómez-Robledo.
  • Abstract

      In 2019, the International Law Commission (ILC) adopted its articles on the prevention and punishment of crimes against humanity and referred them to the UN General Assembly with the recommendation of adopting a multilateral treaty based on them. The General Assembly’s Sixth Committee was unable to take a decision on this matter and deferred its consideration to 2020. This article focuses on how, in resuming its discussion, the Sixth Committee will have a unique opportunity to define the process towards intergovernmental negotiations. This will close a gap in international criminal law, while generating a new dynamic in its relationship with the ILC on codification, breaking its current cyclical inertia of inaction.

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