About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2020 AJICJ 151 (2020)
Asian Perspectives on the International Law Commission's Work on Crimes against Humanity

handle is hein.journals/ajicj2020 and id is 157 raw text is: Asian Perspectives on the International Law Commission's Work on Crimes Against Humanity Mari Takeuchi' Abstract No Asian States expressed regret over the failure of the Sixth Committee to reach a consensus on the elaboration of a convention on crimes against humanity. This art- icle examines the comments of Asian States during the Sixth Committee debate on the final Draft Articles submitted by the International Law Commission, demon- strating that most States believed further discussions were needed. It situates these comments against the wider Asian approach to international criminal law, and argues that the concerns of the Asian States during the Sixth Committee are part of a broader context. In doing so, it suggests a common ground for future dis- cussion and the progression of a convention. Keywords: Asian States, crimes against humanity, international criminal law, Draft Articles on Prevention and Punishment of Crimes Against Humanity. 1 Introduction In its seventy-first session in 2019, the International Law Commission (ILC) com- pleted the second reading of its Draft Articles on Prevention and Punishment of Crimes Against Humanity and submitted it to the General Assembly with a rec- ommendation that States elaborate a convention under the auspices of the United Nations or by an international conference of plenipotentiaries on the basis of the Draft Articles. However, the Sixth Committee was unable to agree on an elaboration of a convention as recommended by the ILC. The statement of the Singapore delegation, which introduced the draft resolution on crimes against humanity at the end of the Sixth Committee debate, urged delegations to con- tinue to genuinely seek to understand the view of others and work together to find mutually acceptable solutions.' This indicates that there was some division on how to proceed with the Draft Articles. In seeking a way to accommodate differing views among States on a way for- ward, it seems crucial to examine opinions of Asian States. Indeed, there was no Asian State among those 43 States expressing regret over the failure of the Sixth Committee to reach a consensus on an elaboration of a convention. In fact, as will * Professor of International Law, Kobe University, Graduate School of Law, Japan. 1 A/C.6/74/SR.35 (2019), Para. 31. African Journal of International Criminal Justice 2020 (6) 2 151 doi: 10.5553/AJ/2352068X2020006002006

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most