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GAPS IN THE LEGAL REGIME OF INTERSTATE COOPERATION IN PROSECUTING CRIMES
perceived by its authors as “distinct and independent” from the study on “Crimes
against humanity”.
68
On the other hand, it is probable and desirable that these initiatives will inspire
and enhance each other, and it is not so inconceivable that they might converge. The
work of the International Law Commission on the topic “Crimes against humanity”
may be useful in clarifying the issues concerning interstate cooperation (legal assistance
and extradition), which should form the basis and main part of any future instrument
in this area, as well as in clarifying the novel issues connected with the prosecution
of crimes against humanity mentioned above, such as the liability of legal persons,
prevention, relationship to the immunities under customary international law or an
institutional mechanism for the implementation of the possible new convention. In
the course of the Commission’s work on this topic (or after the work is successfully
concluded), the states and the Commission may consider whether it is desirable to
broaden the subject-matter of any possible future convention (by including in its
scope also the crime of genocide and war crimes), and if so, which of the novel
elements should be applied to these two additional categories of crimes as well
(having regard to already existing treaties covering these crimes). The solution for
how to combine these initiatives should be found, since the aim of them all is the same
– to close the remaining gaps in interstate cooperation in prosecuting atrocity crimes.
68
Non-paper “Towards a multilateral treaty …”,
op. cit.
sub 18, p. 4 (on file with the author).