CYIL vol. 14 (2023)

EMIL RUFFER CYIL 14 (2023) The Diplomatic Conference to discuss and adopt the text of 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 Crimes under International Law (hereinafter as the “MLA Convention”) was held in Ljubljana, Slovenia, from 15 to 26 May 2023 (hereinafter as the “Diplomatic Conference”). In this contribution, I would like to briefly reiterate where it all started, how it went in Ljubljana and what is still ahead of us, also taking into account the context of the legal order of the Czech Republic with respect to the signature and ratification of the MLA Convention. 1. The (not so distant) Past In November 2011, Belgium, the Netherlands and Slovenia organized an expert meeting concerning mutual legal assistance between States for the national prosecution of core international crimes. 2 Experts from nineteen States from all regions unanimously concluded that there was a legal gap in international law, causing both legal and practical obstacles for inter-state cooperation. On the basis of the conclusions of this expert meeting, the three convening States, together with Argentina, launched the so-called MLA Initiative. Senegal and Mongolia subsequently joined the initiative. The above-mentioned six States constituted the Core Group to take this joint endeavour further. A Preparatory Conference was held from 16 to 19 October 2017 in Doorn (The Netherlands), with the participation of 41 States supporting the initiative, as well as practitioners and civil society. Discussions focused on the substantive elements of a possible treaty as well as procedural aspects, including the forum for negotiations. These consultations provided the basis for the Core Group’s work on the Preliminary Draft MLA Convention. A Second Preparatory Conference was held from 11 to 14 March 2019 in Noordwijk (The Netherlands), with the participation of 50 Supporting States, as well as practitioners and civil society, to discuss the Preliminary Draft MLA Convention and subsequently, the Core Group revised the text in light of the discussions. A Diplomatic Conference was planned for June 2020 to formally negotiate the text of an MLA Convention, but was postponed due to the COVID 19 pandemic. Nevertheless, three rounds of virtual consultations were held in June and November 2021 and in June 2022. As a result, the Core Group further revised the text of the draft MLA Convention and presented a new version on 30 November 2022, with a view to thoroughly discuss and adopt the draft at a Diplomatic Conference to be held in Ljubljana. Just prior to this Diplomatic Conference (as of 15 May 2023), the MLA Initiative was supported by a fairly remarkable number of 80 States. 3 2 Most predominantly, the focus was on crime of genocide, crimes against humanity and war crimes. The crime of aggression, the so-called “mother of all international crimes”, came into play as well and found its way into the MLA Convention, albeit as an optional element only for those States Parties wishing to extend the scope of application in their mutual relations. 3 Albania, Andorra, Argentina, Australia, Austria, Belarus, Belgium, Benin, Bolivia (Plurinational State of), Bosnia and Herzegovina, Botswana, Bulgaria, Burkina Faso, Canada, Chile, Costa Rica, Côte d’Ivoire, Croatia, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Ecuador, El Salvador, Estonia, Finland, France, Gambia (Republic of The), Georgia, Germany, Greece, Guatemala, Guinea, Hungary, Iceland, Ireland, Italy, Kazakhstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mexico, Mongolia, Montenegro, Netherlands, Nigeria, North Macedonia, Norway, Panama, Paraguay, Peru, Poland,

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