TY  - UNPD
A1  - Zimmermann, Andreas
A1  - Boos, Felix
T1  - Bringing States to Justice for Crimes against Humanity
T2  - KFG Working Paper Series
N2  - Draft Art. 15 CCAH attempts to strike a balance between State autonomy and robust judicial supervision. It largely follows Article 22 CERD conditioning the jurisdiction of the ICJ on prior negotiations. Hence, the substance of the clause is interpreted in light of the Court’s recent case law, especially Georgia v. Russia. Besides, several issues regarding the scope ratione temporis of the compromissory clause are discussed. The article advances several proposals to further improve the current draft, addressing the missing explicit reference to State responsibility, as well as the relationship between the Court and a possible treaty body, It also proposes to recalibrate the interplay of a requirement of prior negotiations respectively the seizing of a future treaty body on the one hand and provisional measures to be indicated by the Court on the other.
T3  - KFG Working Paper Series - 12 
Y1  - 2018
UR  - https://publishup.uni-potsdam.de/frontdoor/index/index/docId/42203
UR  - https://nbn-resolving.org/urn:nbn:de:kobv:517-422035
SN  - 2509-3770
SN  - 2509-3762
IS  - 12
ER  -