Identifying Research Gaps in the Ljubljana-The Hague Convention on International Cooperation in Core International Crimes: A Literature-Based Analysis

  • Md. Irfanul Islam
  • Show Author Details
  • Md. Irfanul Islam

    LL.M. Student at School of International Law, China University of Political Science and Law, China

  • img Download Full Paper

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 (LHC) represents a significant treaty designed to enhance collaboration between nations in addressing impunity for major international offenses. Nonetheless, a comprehensive review of existing literature highlights notable research gaps that must be filled to fully grasp the Convention’s potential effects and constraints. Areas that warrant further exploration include: the impact of the LHC’s extensive substantive scope on achieving broad ratification; the practical enforcement of key obligations like aut dedere aut judicare, especially considering allowable reservations; the effectiveness of the Convention’s cooperation mechanisms in comparison to current frameworks; the implementation of improved victims’ rights provisions; the challenges states parties face in domestic implementation; and the LHC’s relationship with other international criminal law systems, such as the International Criminal Court and the proposed convention on crimes against humanity. Immediate research priorities include conducting empirical investigations into the factors that influence ratification, performing comprehensive legal analyses of key provisions and reservations, and evaluating the Convention’s practical implementation. Filling these gaps is vital for grasping the LHC’s journey from being a promising legal instrument to becoming a practical mechanism for enhancing accountability for the most severe international crimes.

Keywords

  • Ljubljana-The Hague Convention (LHC)
  • Core International Crimes
  • Mutual Legal Assistance (MLA)
  • Impunity Gap
  • Ratification

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 2245 - 2273

DOI: https://doij.org/10.10000/IJLMH.1110680

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021