Proposed International Convention on the Prevention and Punishment of Crimes Against Humanity

Author(s):  
Emmanuel Decaux

The chapter is a presentation of the newest international human rights treaty, which entered into force in 2010. It is a very innovative and modern instrument, with a precise definition of the victim of a crime of enforced disappearance, as an autonomous crime, and a broad codification of the ‘right to truth, to justice and to reparation’ enshrined in article 24 of the treaty. As the ILC is working on the draft of an international convention for the prevention of crimes against humanity, it is important to avoid watering down the key legal progress enshrined in the International Convention for the Protection of All Persons from Enforced Disappearance.


Author(s):  
Leila Nadya Sadat

This chapter asks why––and whether––the international community should finally codify crimes against humanity in an international convention, particularly given its recent inclusion in the Statute of the International Criminal Court. It considers the normative foundations and practical application of crimes against humanity by international and national courts, and how a new treaty might strengthen both the preventive and punishment dimensions of national and international responses to these crimes. It is a particularly appropriate contribution to a volume in honour of William Schabas, for he has been a member of the steering committee for the Crimes Against Humanity Initiative from the very beginning. Professor Schabas is a leading expert on international criminal law, the international criminal court, and international human rights law, and his contributions to the Crimes Against Humanity Initiative have been vital to the project’s success.


Author(s):  
Mettraux Guénaël

This chapter examines the jurisdiction to investigate and prosecute crimes against humanity. There is no international convention providing for a jurisdictional arrangement regarding crimes against humanity similar to the one provided for grave breaches of the Geneva Conventions or genocide. However, the absence of a conventional root did not foreclose the development of a principle of international law pursuant to which states enjoy a right to exercise universal jurisdiction over crimes against humanity. Crimes against humanity are crimes which, by their nature and magnitude, affect the interests of humanity as a whole. Thus, when a nation takes on the responsibility of prosecuting such crimes, it effectively acts on behalf of all nations. The chapter then considers the effect of the right to exercise universal jurisdiction over crimes against humanity. In some jurisdictions, the existence of such a right would provide a valid and sufficient jurisdictional basis on which judicial and prosecutorial authorities could bring such cases to justice. The recognition of the existence of such a right could also be sufficient and provide the necessary support in some jurisdictions to authorize the extradition of an individual suspected of committing crimes against humanity.


Author(s):  
Siti Aeisha Joharry ◽  
Nor Diyana Saupi

The International Convention for the Elimination of Racial Discrimination (ICERD), which was not ratified in Malaysia, created a heated public discourse in the media. This cross-linguistic comparative study investigates the representation of ICERD in Malaysian news reports of two online sources in Malaysia – the widely read English portal: The Star Online, and its Malay equivalent: Berita Harian. A corpus-assisted discourse analysis was conducted to examine how news on ‘ICERD’ were reported in both English and Malay online newspapers. Initial comparative analysis of both newspapers revealed that the search term co-occurs statistically more frequently with the verb ‘ratify’ and its equivalent: ‘meratifikasi’. Patterns indicate that ‘ICERD’ was mostly referring to the act of sanctioning the agreement –particularly to ‘not ratify’ or ‘tidak akan meratifikasi’, which is concurrent with the timeframe of events. Interestingly, different patterns can be found in Berita Harian (e.g. the expression of ‘thanks’ or gratitude of not ratifying ICERD) that are not as revealing in The Star Online reports. Some inconsistencies were also reported between the two newspapers, e.g. referring to different ministers’ speech about the initial plan to ratify ICERD alongside five (The Star Online) or six (Berita Harian) other treaties in the following year.  


2017 ◽  
Vol 30 (1) ◽  
pp. 71-93
Author(s):  
Gustav Muller

In this article an attempt is made to put forward a convincing case for giving substantive content to the right of access to adequate housing and looks towards relevant international law elaborations on the meaning of this right as contained in the International Convention on Economic, Social and Cultural Rights (ICESCR). It does so while being aware of the Constitutional Court’s prior rejection of an international law-based minimum core interpretation of the right and opting, instead, for the so-called model of reasonableness breview. Given that the court has so expressly taken and stuck to this stance, it is argued in the article that an international law-based substantive interpretation of the right is possible – given that South Africa has recently ratified the ICESCR – and that it is preferable given the shortfalls of the model of reasonableness review. The article further highlights what difference the preferred reading of section 26(1) would make as to how courts ‘interpret’ reasonableness, that is, how courts review compliance with section 26 at present if ‘adequate’ housing is understood as having security of tenure and access to basic municipal services; is affordable, habitable and accessible; is located in close proximity to social facilities; and is culturally adequate.


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