Like the Genocide Convention, the draft articles on crimes against humanity are not confined to issues of punishment. They also, in the preamble and especially in article 4, impose an obligation of prevention. It is informed principally by the 2007 judgment of the International Court of Justice as well as be case law of international human rights tribunals. The obligation has an internal dimension, by which States must prevent crimes against humanity within their own jurisdiction. But it also has an external dimension that mandates international cooperation and even intervention which must necessarily be compatible with the Charter of the United Nations. The draft articles are not as robust as the Genocide Convention with respect to the inchoate crimes of incitement and conspiracy. The obligation of non-refoulement is also a dimension of the preventative role of the draft articles.

中文翻译：

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预防危害人类罪

与《灭绝种族罪公约》一样，关于危害人类罪的条款草案并不限于惩罚问题。它们还在序言中，特别是在第 4 条中规定了预防义务。其主要依据是国际法院 2007 年的判决以及国际人权法庭的判例法。该义务具有内部层面，各国必须据此防止其管辖范围内的危害人类罪。但它也有一个外部层面，要求国际合作甚至干预必须符合《联合国宪章》。条款草案在煽动和阴谋等早期罪行方面不如《灭绝种族罪公约》那么有力。