CYIL vol. 8 (2017)

ČESTMÍR ČEPELKA

CYIL 8 ȍ2017Ȏ

Introduction In 2014, the International Law Commission (ILC) included the topic “Crimes Against Humanity” in its agenda, appointing Sean D. Murphy (USA) as Special Rapporteur. Early in the first report, regarding this topic, 1 S. Murphy advocated the conclusion of an appropriate convention as the final form of draft articles on Crimes against humanity. 2 This codifying convention is in fact a written record of the law of crimes against humanity that has primarily developed through the evolution of customary international law. 3 At the same time, it stipulates inter-State cooperation by the investigation and prosecution of alleged offenders, and the punishment of that crime, when this offender is present in territory under the jurisdiction of the State party. Such a convention could also contain provisions obligating State parties to prevent crimes against humanity. 4 The above-mentioned report also contains a wide range of scholarship analyzing various elements of the topic. 5 It is anticipated that a first reading of the entire set of draft articles could be completed by 2018, and a second reading could be completed by 2020. 6 Specification of the concept of “crimes against humanity” The term “crimes against humanity” is the common name for attacks directed against a civilian population by means of certain heinous acts. These incriminated acts against human life as well as the integrity and dignity of human beings can occur whenever there is a widespread or systematic activity of this kind. These acts are directed against any civilian population or an identifiable part of a population on national, political, ethnic, racial or religious grounds. Isolated incidents of violence or crimes committed for purely private purposes are not included in the definition. These attacks occur by means of the multiple commissions of certain particularized acts, such as murder, torture or forceful disappearance of persons. In its draft, the ILC uses the definition of these crimes contained in Article 7 of the Rome Statute. 7 The Rome Statute of Ibid. , p. 6.: “(II) Why a convention on crimes against humanity? (A) Objectives of a convention on crimes against humanity”. By way of explanation, see BASSIOUNI, M. CH. Crimes Against Humanity, AZ Guide, Law: “(…) crimes against humanity are distinguishable from genocide in that they do not require an intent to ‘destroy in whole or in part, ’ as cited in the 1948 Genocide Convention, but only target a given group and carry out a policy of ‘widespread or systematic ’ violations.” In: http://www.crimesofwar.org/a-z-guide/crimes-against humanity. 3 See https://en.wikipedia.org/wiki/crimes_against_humanity. 4 Another view is: “would it not be better if (…) (the draft articles’ text) remained an annex of a resolution adopted by the UN General Assembly”? See VÁLEK, Petr The Activities of the Sixth Committee During the 66th Session of the UN General Assembly: Business as Usual? In: Czech Yearbook of Public & Private International Law. Vol. 3. (2012), p. 293, at p. 296. 5 Ibid . (note 1), para. 28, there at note 37. 6 Ibid. (note 1), para. 182. 7 Rome Statute of ICC, Art. 7(1) (…): “(a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f ) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender (…) or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of 2. 1 See A/CN.4/680 First report on crimes against humanity by Sean D. Murphy, Special Rapporteur. 2

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