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A.
Mandate
G.A.
Res. 260 B (III) of 9 December 1948 (E,
F,
S,
R,
C)
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| B.
Studies undertaken by the Secretariat and Reports of the Secretary-General |
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1. 1st
session of the International Law Commission (1949)
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-
Historical survey of the question of international criminal
jurisdiction
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U.N. Doc. A/CN.4/7/Rev.1
(United Nations publication, Sales No.: 1949.V.8)
- ILC Report, A/925
(A/4/10), 1949, part I, chp. IV, par.33 |
2. 2nd
session of the International Law Commission (1950)
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Bibliography on international criminal law and international
criminal courts
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U.N. Doc. A/CN.4/28 |
| C.
Reports of the Working Group or Sub-Committee |
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| D.
Reports of the Special Rapporteur |
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1. Evolution
of the idea of an international criminal jurisdiction. Contemporary
opinions on the question of universal repression of international
crimes and the criminality of war. Conclusions regarding
the desirability of the international judicial organ, the
possibility of such an organ, and the possibility of establishing
a criminal chamber of the World Court.
-
Report of the Special Rapporteur, Mr. Ricardo J.
Alfaro (2nd
session of ILC (1950))
|
-
U.N.
Doc. A/CN.4/15 and Corr.1 (in Ybk,
1950, vII)
- ILC Report, A/1316
(A/5/12), 1950, part IV, paras.135-136 |
2. Possibility
of establishing an international judicial organ having competence
in criminal matters. Desirability and the pros and cons
of an international criminal jurisdiction. An international
judicial organ as envisaged in the General Assembly resolution
would be desirable only if effective. As the organ would
be defective and therefore ineffective, concluded that its
establishment was not desirable.
-
Report of the Special Rapporteur, Mr. A.E.F. Sandström
(2nd session
of ILC (1950))
|
-
U.N.
Doc. A/CN.4/20 (in Ybk,
1950, vII)
- ILC Report, A/1316
(A/5/12), 1950, part IV, paras.131-134 |
| E.
Reports of the Drafting Committee |
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| F.
Comments by Governments |
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| G.
Other |
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| H.
Reports of the International Law Commission |
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1. Report
of the International Law Commission on the work of its first
session, 12 April to 9 June 1949
-
Following a preliminary discussion the Commission decided
to appoint Mr. Ricardo J. Alfaro and Mr. A.E.F. Sandström
rapporteurs on the subject. They were requested to submit
one or two working papers on the question to the Commission
at its second
session in 1950.
- Discussion in plenary: 30th mtg (31 May 1949)
|
-
ILC Report, A/925
(A/4/10), 1949, part I, chp. IV, paras.32-34
- Ybk,
1949
- Ybk,
1949
|
2. Report
of the International Law Commission on the work of its second
session, 5 June to 29 July 1950
-
Following a discussion based on the two reports of the
Special Rapporteurs, the Commission decided by
eight votes to one, with two abstentions, that the establishment
of an international judicial organ for the trial of persons
charged with genocide or other crimes over which jursidiction
will be conferred upon that organ by international conventions
is desirable. It also decided by seven votes to three,
with one abstention, that the establishment of the judicial
organ is possible. With regard to the possibility of establishing
a criminal chamber of the International Court of Justice,
the Commission decided that, although it is possible to
do so by amendment of the Court's Statute, it did not
recommend it.
- Discussion in plenary: 41st to 44th mtgs (7 to
12 June 1950)
|
-
ILC Report, A/1316
(A/5/12), 1950, part IV, paras.128-145
- Ybk,
1950, vII
- Ybk,
1950, vI
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| I.
General Assembly Action |
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| J.
Final Outcome |
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International
Law Commission (2nd session, 1950)
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Concluded that the establishment of an international
judicial organ for the trial of persons charged with
genocide was both desirable and possible. It recommended,
however, against such an organ being set up as a chamber
of the International Court of Justice, though it was
possible to do so by amendment of the Court's Statute
which, in article 34, provides that only States may
be parties in cases before the Court.
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ILC Report, A/1316
(A/5/12), 1950, part IV, paras 140 and 145
- Ybk,
1950, vII |
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G.A.
Res. 489 (V) of 12 December 1950 (E,
F,
S,
R,
C)
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After giving preliminary consideration to the Commission's
report on the question of international criminal jurisdiction,
the Assembly established a committee composed of the
representatives of seventeen Member States for the purpose
of preparing concrete proposals relating to the creation
and the statute of an international criminal court.1
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(back)1.
The Committee met at Geneva in August 1951 and completed
a draft statute for an international criminal court. The International
Law Commission recommenced its consideration of the question of
an international criminal jurisdiction in 1992, under the topic
"Draft code of crimes against the peace and
security of mankind".
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