Introduction

In August 2016, the International Law Commission provisionally adopted the text of the draft articles on crimes against humanity. This text makes it clear that crimes against humanity, whether or not committed in time of armed conflict, are crimes under international law, which States undertake to prevent and punish. It is the content of this general obligation that will be addressed through this presentation.

Bibliographical note

Former Deputy Public Prosecutor, Ezéchiel Amani is currently a Permanent Judge in the Democratic Republic of Congo. He holds an LL.M in International Humanitarian Law and Human Rights from the UCB and a Certificate of Attendance in International Public Law from The Hague Academy of International Law. Ezéchiel is now a Ph.D. student at the VrijeUniversiteit Brussel on the topic of the obligation to prosecute mass crimes in international law.