Crimes Against Humanity in the ‘Western European and Other’ Group of States: A Continuing Tradition

Abstract

This article appears in a volume of the African Journal of International Criminal Justice devoted to the International Law Commission's Draft Articles on Prevention and Punishment of Crimes Against Humanity and its reception in different regions of the world. This article focuses on the Western Europe and Other Group (WEOG) of states. WEOG states have a long history with crimes against humanity. They were pivotal in the juridical creation of this concept, in launching prosecutions in both international and national courts, and in formulating the modern definition of the crime. However, some members have expressed concerns around the International Law Commission (ILC)’s Draft Articles on the Prevention and Punishment of Crimes Against Humanity. This article provides a summary of the history of crimes against humanity in Western Europe and the Other Group of states, as well as the current status of crimes against humanity in their legal systems. It argues that although these states have successfully incorporated crimes against humanity into their legal frameworks, it would be beneficial for them to embrace the proposed Crimes Against Humanity Convention.