- 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))
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- 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))
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- 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))
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- Description of the comments and observations of States, international organizations and others on the draft articles and commentaries adopted on first reading, and suggestions of the Special Rapporteur in response. Possible additional draft articles. Separate initiative for a convention addressing crimes against humanity, genocide and war crime. Special Rapporteur’s recommendation for the final form of the draft articles. Indication of the Special Rapporteur’s suggested changes to the draft articles adopted on first reading (Annex I). Table of relevant treaty provisions on which the Commission based itself when provisionally adopting on first reading the draft articles and commentaries (Annex II).
- Fourth Report of the Special Rapporteur, Mr. Sean D. Murphy (71st session of the ILC (2019))
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- 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)
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- ILC Report, A/70/10, 2015, chap. VII, paras. 108–117
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/689)
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- 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.
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- ILC Report, A/71/10, 2016, chap. VII, paras. 77–85
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/703)
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- Report of the International Law Commission on the work of its sixty-ninth session, 1 May–2 June and 3 July–4 August 2017
- The Commission had before it the third report of the Special Rapporteur (A/CN.4/704), which was considered at its 3348th to 3354th meetings, from 1 to 9 May 2017.
- At its 3354th meeting, on 9 May 2017, the Commission referred draft articles 11 to 17 as well as the draft preamble, as contained in the Special Rapporteur’s third report, to the Drafting Committee.
- At its 3366th and 3377th meetings on 1 June and 19 July 2017, respectively, the Commission considered and adopted the two reports of the Drafting Committee on the draft preamble, draft articles 1 to 15, and the draft annex. It accordingly adopted the entire set of draft articles on crimes against humanity on first reading.
- At its 3383rd and 3384th meetings, on 31 July 2017, the Commission adopted the commentaries to the draft articles on crimes against humanity.
- At its 3384th meeting, on 31 July 2017, the Commission decided, in accordance with articles 16 to 21 of its statute, to transmit the draft articles on crimes against humanity, through the Secretary-General, to Governments, international organizations and others for comments and observations, with the request that such comments and observations be submitted to the Secretary-General by 1 December 2018.
- Discussion in Plenary: 3348th, 3349th, 3350th, 3351st, 3352nd, 3353rd, 3354th (1 to 9 May 2017), 3366th (1 June 2017), 3377th (19 July 2017), 3383rd and 3384th (31 July 2017) meetings.
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- ILC Report, A/72/10, 2017, chap. IV, paras. 35–46
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/713)
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- Report of the International Law Commission on the work of its seventy-first session, 29 April–7 June and 8 July–9 August 2019
- The Commission had before it the the fourth report of the Special Rapporteur (A/CN.4/725 and Add.1), as well as comments and observations received from Governments, international organizations and others (A/CN.4/726, Add.1 and Add.2).
- The Commission considered the fourth report of the Special Rapporteur and instructed the Drafting Committee to commence the second reading of the entire set of draft articles on the basis of the proposals by the Special Rapporteur, taking into account the comments and observations of Governments, international organizations and others, as well as the debate in plenary on the Special Rapporteur’s report.
- The Commission considered the report of the Drafting Committee (A/CN.4/L.935) at its 3468th meeting, held on 22 May 2019, and adopted the entire set of draft articles on prevention and punishment of crimes against humanity on second reading.
- At its 3496th to 3499th meetings, from 31 July to 5 August 2019, the Commission adopted the commentaries to the aforementioned draft articles.
- At its 3499th meeting, on 5 August 2019, the Commission decided, in conformity with article 23 of its statute, to recommend the draft articles on prevention and punishment of crimes against humanity to the General Assembly. In particular, the Commission recommended the elaboration of a convention by the General Assembly or by an international conference of plenipotentiaries on the basis of the draft articles.
- Discussion in Plenary: 3453rd, 3454th, 3455th, 3456th, 3457th and 3458th (29 April to 7 May 2019), 3468th (22 May 2019), 3496th, 3497th, 3498th and 3499th (31 July to 5 August 2019) meetings.
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- ILC Report, A/74/10, 2019, chap. IV, paras. 34–45
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/734)
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International Law Commission (71st session, 2019)
- The Commission adopted the draft articles on prevention and punishment of crimes against humanity, together with commentaries.
- The Commission decided, in conformity with article 23 of its statute, to recommend the draft articles on prevention and punishment of crimes against humanity to the General Assembly. In particular, the Commission recommended 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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General Assembly
- Resolution 74/186 of 18 December 2019
- Expressed its appreciation to the International Law Commission for the work accomplished at its seventy-first session, and noted…the completion of the second reading of the draft articles on prevention and punishment of crimes against humanity.
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- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/734 + Add.1)
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- Resolution 74/187 of 18 December 2019
- Took note of the draft articles on prevention and punishment of crimes against humanity, presented by the Commission.
- Decided to include in the provisional agenda of its seventy-fifth session an item entitled “Crimes against humanity” and to continue to examine the recommendation of the Commission contained in paragraph 42 of its report on the work of its seventy-first session.
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- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/734 + Add.1)
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- Resolution 75/136 of 15 December 2020
- Took note of the draft articles on prevention and punishment of crimes against humanity, presented by the Commission.
- Decided to include in the provisional agenda of its seventy-sixth (2021) session an item entitled “Crimes against humanity” and to continue to examine the recommendation of the Commission contained in paragraph 42 of its report on the work of its seventy-first session.
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- See the website of the Sixth Committee of the General Assembly
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- Resolution 76/114 of 9 December 2021
- Took note once again of the draft articles on prevention and punishment of crimes against humanity, presented by the Commission.
- Decided to include in the provisional agenda of its seventy-seventh (2022) session an item entitled “Crimes against humanity” and to continue to examine the recommendation of the Commission contained in paragraph 42 of its report on the work of its seventy-first session.
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- See the website of the Sixth Committee of the General Assembly
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- Resolution 77/249 of 30 December 2022
- Took note once again of the draft articles on prevention and punishment of crimes against humanity, presented by the Commission.
- Took note of all the views, comments and concerns expressed in the debates of the Sixth Committee on this topic, as well as the comments and observations received from Governments on the draft articles and on any future action thereon.
- Decided that the Sixth Committee would 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.
- Also decided that a written summary of the deliberations during the two resumed …would be prepared by the Sixth Committee at the end of the second resumed session.
- Invited States to submit by the end of 2023 written comments and observations on the draft articles and on the recommendation of the Commission, and requested the Secretary-General to prepare and circulate a compilation of those comments and observations well in advance of the session of the Sixth Committee to be held in 2024.
- Decided that the Sixth Committee, at the seventy-ninth session of the General Assembly [in 2024], in the light of the written comments and observations of Governments, as well as the views expressed in discussions at the seventy-seventh and seventy-eighth sessions of the General Assembly and the written summary, will further examine the draft articles and the recommendation of the Commission and take a decision on this matter, without prejudice to the question of their future adoption or other appropriate action.
- Encouraged all Member States to continue the substantive dialogue on an informal basis during the period prior to the seventy-eighth session of the General Assembly.
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- See the website of the Sixth Committee of the General Assembly
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