Abstract:
In 2019 the International Law Commission adopted two texts providing
for the peremptory character of the prohibition of crimes against
humanity, namely the draft articles on the prevention and punishment of
crimes against humanity and the draft conclusions on peremptory norms
of general international law. While both of these instruments recognise
the peremptory character of the prohibition of crimes against humanity,
neither of them address the consequences of the peremptory character of
the prohibition of crimes against humanity. This article, on the basis, inter
alia, of the internal processes leading to the adoption of these instruments,
addresses the consequences of the peremptory character of the prohibition
of crimes against humanity.