148 THE INTERNATIONAL LAW COMMISSION'S PROPOSAL FOR A GLOBAL TREATY ON CRIMES AGAINST HUMANITY: A HUMAN RIGHTS PERSPECTIVE

This article evaluates key provisions of the International Law Commission's Draft Articles for a Convention on Crimes Against Humanity which are currently being reviewed by the Sixth Committee of the UN General Assembly as a possible blueprint for a binding treaty on crimes against humanity. While much of the commentary to date on the draft articles has been conducted through the lens of international criminal law, this article analyses core issues, including the definition of crimes against humanity, the question of state responsibility, amnesties and treaty monitoring arrangements from a human rights perspective. In doing so, the article seeks to discern whether there are any lessons from the theory and current practice of international human rights law which can usefully inform ongoing discussions at the UN on the value and potential effectiveness of the ILC's draft treaty on crimes against humanity.