International Law Commission International Law Commission

Last update: September 22, 2017

Analytical Guide to the Work of the International Law Commission

Crimes against humanity

See also: Summary | Texts and Instruments

Mandate

Studies undertaken by the Secretariat and Reports of the Secretary-General

  • 68th session of the International Law Commission (2016)
    • Memorandum prepared by the Secretariat

Reports of the Working Group or Sub-Committee

None

Reports of the Special Rapporteur

  • Discussion of the general background with respect to the emergence of the concept of crimes against humanity as an aspect of international law, its application by international courts and tribunals and its incorporation in the national laws of some States. Proposal for two draft articles: one on prevention and punishment of crimes against humanity and the other on the definition of such crimes.
    • First Report of the Special Rapporteur, Mr. Sean D. Murphy (67th session of the ILC (2015))
  • Discussion of the various actions to be taken by States under their national laws with respect to crimes against humanity. Proposal for five draft articles respectively on criminalization under national law, establishment of national jurisdiction, general investigation and cooperation for identifying alleged offenders, exercise of national jurisdiction when an alleged offender is present, aut dedere aut judicare, and fair treatment of the alleged offended.
    • Second Report of the Special Rapporteur, Mr. Sean D. Murphy (68th session of the ILC (2016))
  • Discussion of several additional issues relating to crimes against humanity. Proposal for a draft preamble and for seven draft articles on: extradition of an alleged offender, non-refoulement, mutual legal assistance, participation, protection and reparations for victims, witnesses and others, the relationship to competent international criminal courts, obligations upon federal States, and inter-State dispute settlement.
    • Third Report of the Special Rapporteur, Mr. Sean D. Murphy (69th session of the ILC (2017))

Reports of the Drafting Committee

  • 67th session of the International Law Commission (2015)
    • Text of draft articles 1, 2, 3 and 4 provisionally adopted by the Drafting Committee on 28 and 29 May and on 1 and 2 June 2015
    • Statement of the Chairman of the Drafting Committee
  • 68th session of the International Law Commission (2016)
    • Text of draft articles 5, 6, 7, 8, 9 and 10 provisionally adopted by the Drafting Committee on 25, 26, 30 and 31 May and 1 and 2 June 2016
    • Statement of the Chairman of the Drafting Committee
  • 69th session of the International Law Commission (2017)
    • Texts and titles of the draft preamble, the draft articles and the draft annex provisionally adopted by the Drafting Committee on first reading
    • Statements of the Chairman of the Drafting Committee (1 June 2017 and 19 July 2017)

Comments by Governments

 
 
 

Other

None

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its sixty-seventh session, 4 May–5 June and 7 July–7 August 2015
    • The Commission had before it the first report of the Special Rapporteur (A/CN.4/680 + Corr.1) which was considered at its 3254th to 3258th meetings, from 21 to 28 May 2015.
    • At its 3258th meeting, on 28 May 2015, the Commission referred draft articles 1 and 2, as contained in the Special Rapporteur’s first report, to the Drafting Committee.
    • At its 3263rd meeting, on 5 June 2015, the Commission considered the report of the Drafting Committee and provisionally adopted draft articles 1, 2, 3 and 4.
    • At its 3282th to 3284th meetings, on 3 and 4 August 2015, the Commission adopted the commentaries to the draft articles provisionally adopted at the session.
    • At its 3282th meeting, on 3 August 2015, the Commission requested the Secretariat to prepare a memorandum providing information on existing treaty-based monitoring mechanisms which may be of relevance to its future work on the present topic.
    • Discussion in Plenary: 3254th, 3255th, 3256th, 3257th and 3258th meetings (21 to 28 May 2015), 3263rd meeting (5 June 2015), and 3282th to 3284th meetings (3 and 4 August 2015)
  • ILC Report, A/70/10, 2015, chap. VII, paras. 108–117
  • Report of the International Law Commission on the work of its sixty-eighth session, 2 May–10 June and 4 July–12 August 2016
    • The Commission had before it the second report of the Special Rapporteur (A/CN.4/690), as well as the memorandum by the Secretariat providing information on existing treaty-based monitoring mechanisms that may be of relevance to the future work of the International Law Commission (A/CN.4/698), which were considered at its 3296th to 3301st meetings, from 11 to 19 May 2016.
    • At its 3301st meeting, on 19 May 2016, the Commission referred draft articles 5, 6, 7, 8, 9 and 10, as contained in the Special Rapporteur’s second report, to the Drafting Committee. It also requested the Drafting Committee to consider the question of the criminal responsibility of legal persons on the basis of a concept paper to be prepared by the Special Rapporteur.
    • At its 3312th and 3325th meetings, on 9 June and 21 July 2016 respectively, the Commission considered two reports of the Drafting Committee and provisionally adopted draft articles 5 to 10.
    • At its 3341st meeting, on 9 August 2016, the Commission adopted the commentaries to the draft articles provisionally adopted at the session.
    • Discussion in Plenary: 3296th, 3297th, 3298th, 3299th, 3300th, 3301st (11 to 19 May), 3312th (9 June), 3325th (21 July) and 3341st (9 August 2016) meetings.
  • ILC Report, A/71/10, 2016, chap. VII, paras. 77–85

General Assembly Action

None

Final Outcome

Work in progress