Relating to "the Other" - The ILC Draft Convention on Crimes against Humanity and the Mutual Legal Assistance Initiative

Abstract

The International Law Commission (ILC) Draft Convention on Crimes Against Humanity and the Mutual Legal Assistance (MLA) Initiative have largely run in tandem throughout their development. Both projects are motivated by similar gap- filling desires and both projects aim to expand the international criminal justice toolkit; however, these similarities have led to questions if both projects are neces‐ sary. This article addresses that question, looking at how different actors have answered this question during the respective processes of maturation of both pro‐ jects and where both projects stand today. It argues that, while there is significant overlap between the projects, both instruments have merits which the other is lack‐ ing, and the optimal solution would be to bring both projects to fruition.