January 30, 2019

What Counts as a Crime Against Humanity?


On Jan. 11-12, dozens of experts convened at Harvard Law School to provide commentary on draft articles for a future convention on the prevention and punishment of crimes against humanity. In a post for the Harvard International Law Journal blog, Gerald Neuman, HRP Co-Director and J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, explained the importance of establishing more clarity on the definition of “crimes against humanity” following the Rome Statute.

“A key issue in establishing state obligations to prosecute international crimes involves the choice of a definition that is appropriate to the obligations that are being imposed,” Neuman says. “The notion of ‘crimes against humanity’ has a long history, but its definition has evolved over the years. The definition negotiated for the Rome Statute, which created the ICC—an international tribunal with a limited capacity to prosecute and adjudicate—may not provide the right definition for an obligatory system of consistent national prosecution.”

Establishing a convention on crimes against humanity would give clarity to states’ obligations to enforce the prohibition against crimes against humanity, among other benefits. Read the full post on the International Law Journal website.


The Crimes Against Humanity workshop was organized by the Human Rights Program and led by Professor Neuman and Sean Murphy, Manatt/Ahn Professor of International Law at The George Washington University School of Law and Special Rapporteur for Crimes Against Humanity at the International Law Commission.

Professor Murphy will visit the Human Rights Program on April 4th for a public talk about the draft articles. Stay tuned to our events page for more.

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