A.
Mandate
G.A.
Res. 177 (II) of 21 November 1947 (E,
F, S,
R,
C)
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| B.
Studies undertaken by the Secretariat and Reports of the Secretary-General |
|
1. 2nd
session of the International Law Commission (1950)
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|
-
Memorandum presented by the Secretariat
|
- U.N.
Doc. A/CN.4/39
(F)
(in Ybk,
1950, vII) |
2. 5th
session of the International Law Commission (1953)
|
|
-
Note by the Secretariat
|
- U.N.
Doc. A/CN.4/72
(F) |
| C.
Reports of the Working Group or Sub-Committee |
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|
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| D.
Reports of the Special Rapporteur |
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1. The
task of the International Law Commission, subjects of criminal
responsibility under the Draft Code, acts to be characterized
by the Draft Code as crimes under international law, other
acts punishable, rules concerning criminal responsibility,
implementation of the Code, and international control of
the execution of the Code by the parties to it.
-
Report of the Special Rapporteur, Mr. Jean Spiropoulos
(2nd session of
the ILC (1950))
|
- U.N.
Doc. A/CN.4/25
(in Ybk,
1950, vII)
- ILC Report, A/1316
(A/5/12), 1950, part V, paras.148-157 |
2. Discussed
the views expressed by delegations in the Sixth Committee
on the text of the Nürnberg principles as formulated
by the Commission. Provided a draft text to be submitted
to governments. Discussion on the possibility and desirability
of a definition of aggression.
-
Second Report of the Special Rapporteur, Mr. Jean
Spiropoulos (3rd session
of the ILC (1951))
|
- U.N.
Doc. A/CN.4/44
(in Ybk,
1951, vII)
- ILC Report, A/1858
(A/6/9), 1951, chp. IV, paras.57-59 |
3. Discussed
the observations received from Governments and, in the light
of those observations, proposed certain changes in the text
of the draft code previously adopted by the Commission.
-
Third Report of the Special Rapporteur, Mr. Jean
Spiropoulos (6th session
of the ILC (1954))
|
- U.N.
Doc. A/CN.4/85
(F)
(in Ybk,
1954, vII)
- ILC Report, A/2693
(A/9/9), 1954, chp. III, par.48 |
| E.
Reports of the Drafting Committee |
|
1. 2nd
session of the International Law Commission (1950)
|
|
-
Text prepared by the Drafting Committee: arts. I to VI
|
- U.N.
Doc. A/CN.4/R.6
(in Ybk,
1950, vI, 72nd mtg (20 July 1950), ft.3) |
| F.
Comments by Governments |
|
1. 2nd
session of the International Law Commission (1950)
|
|
-
Replies from Governments concerning a draft Code of Offences
against the Peace and Security of Mankind
|
- U.N.
Doc. A/CN.4/19
and Add. 1 and 2 (in Ybk,
1950, vII)
- ILC Report, A/1316
(A/5/12), 1950, part V, par. 148 |
2. 3rd
session of the International Law Commission (1951)
|
|
-
Observations of Member States on the Commission's formulation
of the Nürnberg Principles
|
- U.N.
Doc. A/CN.4/45
and Add. 1 and 2 (in Ybk,
1951, vII)
- ILC Report, A/1858
(A/5/9), 1951, chp. IV, par.57 |
3. 5th
session of the International Law Commission (1953)
|
|
-
Comments received from Governments regarding the draft
code of offences against the peace and security of mankind
and the question of defining aggression
|
- U.N.
Doc. A/2162 and Add.1 (Official Records of the General
Assembly, Seventh Session, Annexes, agenda item 54)
- ILC Report, A/2456
(A/8/9), 1953, chp. V(II)(iv), par.168 |
| G.
Other |
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1. 2nd
session of the International Law Commission (1950)
|
|
-
Additional Crimes Proposed by Members of the International
Law Commission for Inclusion in the Draft Code of Offences
Against the Peace and Security of Mankind
|
- U.N.
Doc. A/CN.4/R.1
(in Ybk,
1950, vI, 60th mtg (4 July 1950), ft.15, and 61st mtg
(5 July 1950), ft.4) |
-
List of Crimes Proposed in the Replies from Governments
for Inclusion in the Draft Code of Offences Against the
Peace and Security of Mankind
|
- U.N.
Doc. A/CN.4/R.2 (mimeograph) |
-
Systematic List of the International Crimes Proposed by
V. V. Pella in his memorandum
|
- U.N.
Doc. A/CN.4/R.3
(in Ybk,
1950, vI, 61st mtg (5 July 1950), ft.16) |
| H.
Reports of the International Law Commission |
|
1. Report
of the International Law Commission on the work of its first
session, 12 April to 9 June 1949
-
Decided to appoint a Special Rapporteur to prepare
a working paper to be submitted to the Commission at its
second session.
Also decided to circulate a questionnaire to Governments
inquiring what offences, apart from those defined in the
Charter and judgment of the Nürnberg Tribunal, should
be included in the draft code.
- Discussion in plenary: 29th
and 30th
mtgs (27 and 31 May 1949)
|
- ILC
Report, A/925
(A/4/10), 1949, part I, chp. III, par.30
- Ybk,
1949, part II
- Ybk,
1949, part I
|
2. Report
of the International Law Commission on the work of its second
session, 5 June to 29 July 1950
-
Commission referred to the report of the Special Rapporteur
as the basis of its discussion. It considered the meaning
of the term "offence against the peace and security of
mankind". It then considered the meaning of the phrase
"indicating clearly the place to be accorded to" the Nürnberg
principles. Examined the question as to the subjects of
criminal responsibility under the draft code. Discussed
the particular offences to be included in the draft code.
Considered the responsibility of a person acting as Head
of State or as responsible government official. Considered
the responsibility of a person acting under superior orders.
Considered the implementation of the code. A Drafting
Sub-Committee was established which prepared a provisional
draft of the code, and which was referred to the Special
Rapporteur. He was requested to present a further
report at the Commission's third session in 1951.
- Discussion in plenary: 54th,
55th,
56th,
57th,
58th,
59th,
60th,
61st
and 62nd
mtgs (26 June to 6 July 1950), and 72nd
mtg (20 July 1950)
|
- ILC
Report, A/1316
(A/5/12), 1950, part V, paras.146-157
- Ybk,
1950, vII
- Ybk,
1950, vI
|
3. Report
of the International Law Commission on the work of its third
session, 16 May to 27 July 1951
-
Commission completed a draft Code of Offences against
the Peace and Security of Mankind consisting of five articles
and submitted it to the General Assembly, together with
commentaries thereon. In the course of the preparation
of the text, the Commission considered that it was not
necessary to indicate the exact extent to which the various
Nürnberg principles had been incorporated in the
draft Code. As to the scope of the draft Code, the Commission
decided to limit the Code to offences containing a political
element and endangering or disturbing the maintenance
of international peace and security. It therefore omitted
such matters as piracy, traffic in dangerous drugs, traffic
in women and children, slavery, counterfeiting of currency,
and damage to submarine cables. The Commission also decided
that it would deal only with the criminal responsibility
of individuals and that no provisions should be included
with respect to crimes by abstract entities. It refrained
from providing for institutional arrangements for implementing
the Code.
- Discussion in plenary: 89th,
90th,
91st
and 92nd
mtgs (25 to 30 May 1951), 106th,
107th,
108th,
109th,
110th
and 111th
mtgs (19 to 26 June 1951)
|
- ILC
Report, A/1858
(A/6/9), 1951, chp. IV, paras.54-59
- Ybk,
1951, vII
- Ybk,
1951, vI
|
4. Report
of the International Law Commission on the work of its fifth
session, 1 June to 14 August 1953
-
Following the decision of the General Assembly on 13 December
1951 to postpone consideration of the item until its seventh
session in 1952, the Secretary-General addressed a
circular letter to Member States, in which he drew their
attention to the draft code and invited them to submit
their comments or observations to the General Assembly.
Comments were received from fourteen governments. The
item was, however, not included in the final agenda of
the seventh session of the Assembly (1952) on the understanding
that the matter would continue to be considered by the
International Law Commission. The Commission, at its fifth
session in 1953, decided to request the Special
Rapporteur to undertake a further study and to prepare
a report for submission at the following session.
- Discussion in plenary: 235th
mtg (8 August 1953)
|
- ILC
Report, A/2456
(A/8/9), 1953, chp. V(II)(iv), paras.167-169
- Ybk,
1953, vII
- Ybk,
1953, vI
|
5. Report
of the International Law Commission on the work of its sixth
session, 3 June to 28 July 1954
-
After considering the draft code, the Commission decided
to make certain revisions in the previously adopted text,
and added a new offence, viz. the intervention by the
authorities of a State in the internal or external affairs
of another State by means of coercive measures. It also
decided to omit the condition that inhuman acts against
a civil population were crimes only when committed in
connection with other offences defined in the draft code.
The rule regarding crimes committed under order by a superior
was reworded to say that the perpetrator of such a crime
would be responsible if, under the circumstances at the
time, it was possible for him not to comply with the order.
In addition, it omitted article 5 of the previous text
dealing with the punishment of the offences defined in
the draft Code, as the Commission considered that the
question of penalties could more conveniently be dealt
with at a later stage, after it had been decided how the
Code was to become operative. The report includes an analysis
of the drafting changes and modifications made to the
previous text of the draft Code, together with commentaries
thereto. It also includes the full amended text
as adopted by the Commission.
- Discussion in plenary:
266th,
267th, 268th,
269th,
270th
and 271st
mtgs (12 to 19 July 1954)
|
- ILC
Report, A/2693
(A/9/9), 1954, chp. III, paras.41-54
- Ybk,
1954, vII
- Ybk,
1954, vI
|
| I.
General Assembly Action |
|
Res.
488 (V) of 12 December 1950 (E,
F,
S,
R,
C)
-
Invited Member States to furnish their observations on
the formulation of the Nürnberg Principles prepared
by the International Law Commission, and requested the
Commission , in preparing the draft code of offences against
the peace and security of mankind, to take account of
such observations.
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| J.
Final Outcome |
|
General
Assembly (9th session, 1954)
|
|
Res.897
(IX) of 4 December 1954 (E,
F,
S,
R,
C,
A)
|
|
Res.1186 (XII) of 11 December 1957 (E,
F,
S,
R, C,
A)
-
Deferred consideration of the draft Code until such time as it took
up again the question of defining aggression.
|
|
Res.33/97
of 16 December 1978 (E,
F,
S,
R,
C,
A)
-
Requested the Secretary-General to invite Member States
and relevant international intergovernmental organizations
to submit their comments and observations on the draft
Code, including comments on the procedure to be adopted,
and to prepare a report to be submitted to the Assembly
at its thirty-fifth session, in 1980.
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Res.35/49
of 4 December 1980 (E,
F,
S,
R,
C,
A)
-
Requested the Secretary-General to reiterate his invitation
to Member States and relevant international intergovernmental
organizations to submit or update their comments and
observations and in particular to inform him of their
views on the procedure to be followed in the future
consideration of the item, including the suggestion
to have the item referred to the International Law Commission.1
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(back)
1. The International Law Commission resumed consideration
of the topic in 1982 (see Part II).
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