Landmark Treaty: The Ljubljana-Hague Convention

By Joanna Michalopoulos, Human Rights and Law Intern

On May 26, 2023, more than 70 countries agreed on a landmark treaty that advances international cooperation in cases of genocide, crimes against humanity and war crimes. The treaty, known as the Ljubljana-Hague Convention or the Mutual Legal Assistance Treaty (MLA), provides steps countries can take to assist each other in investigating and prosecuting international crimes and establishes provisions to ensure justice for victims.

However, some countries have not agreed to ratify the convention and established provisional limitations to safeguard state sovereignty.

For example, France has proposed revisions that could grant suspected war criminals a loophole to evade prosecution and extradition. France took similar steps with the Rome Statute, proposing and invoking Article 124, which allows countries to refuse the jurisdiction of the International Criminal Court (ICC) over war crimes committed on their territory or by their own citizens for a period of up to seven years. Only one other country, Colombia, has invoked Article 124.

To date, the United States has not adopted the treaty.

The MLA will be open to all countries for signature in February 2024 in The Hague, Netherlands. The treaty will need to be ratified by at least 15 countries to enter into force.

Updated: July 2023.