The Ljubljana-The Hague Convention – unveiling undefined opportunities of a predetermined success

Abstract

The Ljubljana-The Hague Convention on international cooperation in the investigation and prosecution of the crime of genocide, crimes against humanity, war crimes and other international crimes, adopted in 2023, marks the most significant advancement in international criminal law since the adoption of the Rome Statute for the International Criminal Court in 1998. Moreover, as a result of over a decade of negotiations, the Convention – through its structure, legal drafting techniques, and distinctive features – embodies the evolution of treaty-making theory, the concept of state consent, and broader principles of the law of treaties. This Article analyzes the Convention through the lens of treaty law, drawing comparisons to international environmental law, and highlights the role of the International Law Commission, the UN Sixth Committee, and relevant jurisprudence of the International Court of Justice. The Article’s central argument is that the Convention’s structure and flexible approach to state obligations reflect the negotiated compromises and allow parties to align national interests and legal systems with international commitments in order to promote cooperation, thus contributing to the development of international criminal law. The Article further explores contemporary trends in treaty interpretation and individualization of obligations, comparing provisions of the Convention to the relevant articles of the Rome Statute and other international instruments. It concludes that the broad margin of appreciation afforded to states must be exercised responsibly to strengthen international cooperation in addressing the gravest crimes under international law and to advance international criminal justice.