CYIL vol. 14 (2023)

CYIL 14 (2023) NOT JUST ANOTHER DIPLOMATIC CONFERENCE: A SUCCESSFUL CONCLUSION … in particular the issue of mutual legal assistance in the narrower sense, extradition, seizure and confiscation of the proceeds of these crimes, and the transfer of sentenced persons and the enforcement of sentences. Importantly, Part VI. of the MLA Convention also provides for the protection of victims, witnesses and experts and compensation for damage sustained as a consequence of the crimes committed. 3. The (imminent) Future The MLA Convention will be open for signature to all States on 14 and 15 February 2024 in The Hague, during a conference organised and sponsored by the Core Group States. According to its Article 90 (1), it will enter into force following just 3 ratifications, 11 which can be achieved fairly soon after the opening for signature. At the same time, much higher number of ratifications (at least of 53 participating States, but hopefully more) would be required for the MLA Convention to become an effective instrument in the international legal cooperation and gaining necessary legitimacy as a legal framework accepted and appreciated by the international community in the fight against impunity for the most serious international crimes. In this context, it is worth noting that within the UN framework, there is a parallel and closely related (in terms of substance) initiative on the Draft articles on Prevention and Punishment of Crimes Against Humanity, presented by the International Law Commission (hereinafter as the “ILC”) in 2019. 12 The ILC presented the draft articles to the UN General Assembly and recommended the elaboration of a convention, either by the Assembly or by an international conference of plenipotentiaries on the basis of the draft articles. Since then, difficult debates in the Sixth (Legal) Committee of the UN General Assembly ensued, with many States expressing strong support for the drafting of a Convention, but others expressing caution and reservations. It was finally at least possible to agree on resumed Sixth Committee meetings, where the substance of the draft articles should be discussed in more detail and in the form of an interactive exchange among delegation. 13 The Czech Republic, along with other EU Member States and the EU itself, has been a strong advocate for the follow-up work on the draft articles, with a view to negotiate a Convention. At the same time, if this important exercise is followed through, compatibility of the future Convention with the MLA Convention should be ensured, to avoid duplications and fragmentation of international law. In the Czech legal order, the MLA Convention will have the character of treaty of the so-called presidential category, as it regulates matters pursuant to Article 49 (a) and (e) of the 11 Article 90 (1) stipulates: “ This Convention shall enter into force on the first day of the month following the expiration of three months after the date of deposit of the third instrument of ratification, acceptance, approval or accession.” 12 Adopted by the ILC at its 71 st session in 2019, and submitted to the General Assembly as a part of the ILC’s report covering the work of that session (A/74/10). The report was published in Yearbook of the International Law Commission , 2019, vol. II, Part Two. 13 Resolution A/RES/77/249 adopted by the General Assembly on 30 December 2022, on the report of the Sixth Committee (A/77/416, para. 7). OP4 of the Resolution states the following: „ Decides that the Sixth Committee shall resume its session for five days, from 10 to 14 April 2023, and for six days, from 1 to 5 April and 11 April 2024, in order to exchange substantive views, including in an interactive format, on all aspects of the draft articles, and to consider further the recommendation of the Commission contained in paragraph 42 of its report on the work of its seventy-first session for the elaboration of a convention by the General Assembly or by an international conference of plenipotentiaries on the basis of the draft articles “.

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