Research On Legal Issues Related To The Convention On The Prevention And Punishment Of Crimes Against Humanity (Draft)

In the field of international law,crimes against humanity are one of the four core crimes under the jurisdiction of the International Criminal Court,and they are major international crimes.However,there is no global treaty to prevent and punish crimes against humanity.In 2014,the International Law Commission decided at its 66 th session to set up the topic of "Crimes Against Humanity" to start work on the formulation of the Convention on the Prevention and Punishment of Crimes Against Humanity(Draft).In the process of formulating the draft articles,countries and expert committees conducted in-depth discussions on whether the draft articles should be included in the criminal liability of legal persons;different parties have different opinions on whether the rights of victims to participate in litigation should be specified in the draft;There are also many differences in the inclusion of the prohibition of amnesty in the draft.This article analyzes the core of the dispute through the four reports of the special rapporteur,the opinions of the members of the International Law Commission,and the comments of various countries and international organizations,and addresses the three focal issues arising during the drafting process,the criminal liability of legal persons,the victim’s right to participate in litigation and amnesty.The article first discusses the criminal liability of legal persons,and proves the necessity of criminal liability of legal persons from the perspectives of personal behaviors that are not enough to bear responsibility,the draft clauses themselves,and the rights and obligations of legal persons.Second,the article discusses the victim’s right to participate in litigation.Article 12,paragraph 2 of the research draft stipulates the necessity of the victim’s right to participate in litigation.The article lists four aspects.The practice of victim’s litigation rights,the victims’ assistance to the court to find out the truth,the victims’ unique litigation perspective,and the protection of the victims’ right to participate will help avoid “secondary victimization”.These four angles analyze that draft should include the victim’s right to participate in litigation.The article also makes suggestions on issues that need attention.Finally,the issue of amnesty.The paper studies the provisions of amnesty through analysis and review,and discusses the legality of amnesty for crimes against humanity with reference to the practice of United Nations on amnesty issues,and suggests that the prohibition of amnesty should be included in the draft.