Crimes Against Humanity: State Obligations and Responsibility to Protect

Abstract

This article addresses three issues related to the legal basis of the Responsibility to Protect (RtoP) with respect to crimes against humanity (cah): the obligations of States on cah regarding their own population; States’ obligations on cah beyond their borders, with regard to the prevention of cah and cooperation, and the consideration of cah as a threat to international peace and security, as well as the powers of the un organs in this regard. To this end, the draft of the International Law Commission on the subject was examined through the RtoP lens, pointing to its successes and shortcomings in this context.