1. This Memorandum identifies three potential avenues to advance the International Law Commission’s Draft Articles on Crimes Against Humanity to the next procedural step. It is intended as a practical, not a technical, guide.

2. The Draft Articles on Crimes Against Humanity have widespread support from States, yet opposition from a few States has caused them to stagnate in the United Nations General Assembly Sixth Committee due to the Committee’s tradition of acting by consensus.

3. Option 1 is for the Sixth Committee to act, by breaking consensus, if necessary. It could establish an Ad Hoc Committee to examine the Draft Articles on Crimes Against Humanity. Alternatively, there is precedent for moving directly to a Codification Conference or working directly on the Draft Articles as a Committee of the Whole.

4. Option 2 is for the General Committee to shift the Draft Articles on Crimes Against Humanity to the Third Committee or the Plenary of the General Assembly.

5. Option 3 is to pursue the development of a treaty on crimes against humanity either outside of, or adjacent to, the United Nations.

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