On April 20, 2015, Prof. Leila Sadat gave a presentation regarding the need for a new global treaty on crimes against humanity at the Universidade Católica Portuguesa. In attendance were students, administrators, faculty, deans and members of Portugal’s Supreme Court. In particular, the presentation was attended by the President of the Portuguese Supreme Court, Justice António Henriques Gaspar, Justice Maria dos Prazeres Beleza, also from the Supreme Court of Justice and the Portugal’s Attorney General Joana Marques Vidal. Prominent members of the Academy were also present, including the Dean of the Lisbon School of Law of the Universidade Católica Portuguesa, Professor Jorge Pereira da Silva, Professor Germano Marques da Silva, a former Dean of Lisbon School of Law and a Criminal Law Professor, Professor Luís Barreto Xavier, the Dean of Católica Global School of Law and Professor Gonçalo Matias, Director of Católica Global’s Transnational Law Program, and special adviser to Portuguese President Aníbal Cavaco Silva.
There was a robust discussion about the need for and technical aspects of a possible new treaty on crimes against humanity. Students from Católica Global Law School have undertaken to prepare a Portuguese translation of the Proposed International Convention for the Prevention and Punishment of Crimes Against Humanity, under the direction of Professor Gonçalo Matias. A Portuguese translation will make the number of languages the treaty is available in eight; English, French, Spanish, Arabic, Russian, German and Chinese translations can be read here .
U.S. Senator Dick Durbin (D-Illinois) will reintroduce Crimes Against Humanity (CAH) legislation in Congress. Referring to the lack of such legislation as a “legal loophole,” he explained that “[d]espite longstanding U.S. support for the prosecution of crimes against humanity committed in World War II … in Pol Pot’s Cambodia, Rwanda, the former Yugoslavia, Sierra Leone and elsewhere … there is no U.S. law prohibiting crimes against humanity.” Senator Durbin’s initiative to reintroduce CAH legislation coincides with the recently formed ABA Working Group on CAH, of which Professor Leila Sadat, Director of the Harris Institute, is an inaugural member.
To read more and to watch Senator Durban’s speech, visit: http://bit.ly/1Hc0nxb
“Seventy years after the liberation of the Nazi concentration camps, many countries lack the legal authority to prosecute war criminals and perpetrators of atrocities and give redress to victims.” Genocide, and a number of war crimes, including torture and enforced disappearance, have dedicated UN treaties, but there is still none which covers crimes against humanity. Moreover, there is a gap in U.S. legislation that limits the country’s ability to bring perpetrators who are in its custody to justice.
Read more at:
The Economist: http://econ.st/1zl77lY
The Hill: http://bit.ly/1Hc0bhx
This important development follows the Experts’ Meeting entitled “Fulfilling the Dictates of Public Conscience: Moving Forward with a Convention on Crimes Against Humanity” and the subsequent conference Report published on July 17, 2014. Convened by the Crimes Against Humanity Initiative, the meeting in Geneva brought together leading experts in international criminal law, including members of the International Law Commission, to discuss the complex issues the ILC will face as it begins the study and drafting process of a global convention on crimes against humanity. More
Forging a Convention for Crimes Against Humanity
edited by Leila Nadya Sadat
Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.
Los Estados Partes en la presente Convención,
Conscientes de que todos los pueblos están unidos por estrechos lazos y comparten ciertos valores comunes,
Afirmando su creencia en la necesidad de proteger de forma efectiva la vida y la dignidad humana,
Reafirmando su compromiso con los propósitos y principios de las Naciones Unidas, enunciados en su Carta, y con las normas universales de derechos humanos reflejadas en la Declaración Universal de los Derechos Humanos y otros instrumentos internacionales pertinentes, …continue reading