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Analytical Guide


Draft Code of Crimes Against the Peace and Security of Mankind (Part II) - including the draft Statute for an international criminal court1

last update: 15 July 2008
A. Mandate
    Res. 36/106 of 10 December 1981 (E, F, S, R, C, A)
B. Studies undertaken by the Secretariat and Reports of the Secretary-General
    1. 35th session of the International Law Commission (1983) 
      - Compendium of relevant international instruments
- U.N. Doc. A/CN.4/368 (F) and Add.1 (F)
      - Analytical paper pursuant to the request contained in paragraph 256 of the report of the Commission on the work of its 34th session.
- U.N. Doc. A/CN.4/365
C. Reports of the Working Group or Sub-Committee
    1. 42nd session of the International Law Commission (1990)
      - Report of the Working Group Established by the Commission pursuant to the request from the General Assembly in paragraph 1 of its resolution 44/39
- U.N. Doc. A/CN.4/L.454 (F) (in ILC Report, A/45/10, (F), 1990, chp. II(C), paras.93-157)
    2. 44th session of the International Law Commission (1992)
      - Report of the Working Group on the question of an international criminal jurisdiction
- U.N. Doc. A/CN.4/L.471 (F) (in ILC Report, A/47/10, (F), 1992, annex)  
- ILC Report, A/47/10, 1992, chp. II(B)(2), paras.98-104
    3. 45th session of the International Law Commission (1993)
      - Report of the Working Group on a draft statute for an international criminal court2
- U.N. Doc. A/CN.4/L.488 and Add.1 (and Corr.1 and 2), 2, 3 and 4 (and Corr.1) (mimeograph)
      - Revised report of the Working Group on a draft statute for an international criminal court
- U.N. Doc. A/CN.4/L.490 and Add.1 (F) (ILC Report, A/48/10, (F), 1993, annex)  
- ILC Report, A/48/10, 1993, chp. II(B)(3), paras.98-100
    4. 46th session of the International Law Commission (1994) 
      - Report of the Working Group on a draft statute for an international criminal court
- U.N. Doc. A/CN.4/L.491 and Rev.1 and 2 and Rev.2/Corr.1 and Rev.2/Add.1-3 (mimeograph) - ILC Report, A/49/10, (F), 1994, chp. II(B)(I)(2), paras.87 and 88, (see also paras.77-91)
    5. 47th session of the International Law Commission (1996)
      - Report of the Working Group for inclusion of wilful and severe damage to the environment as a war crime
- ILC Report, A/51/10, 1996, chp. II(A), paras.43 and 44
D. Reports of the Special Rapporteur
    1. Preliminary discussions on: Scope of the draft; Methodology of the draft; Implementation of the Code.  
      -  First report of the Special Rapporteur, Mr. Doudou Thiam (35th session of the ILC (1983))
- U.N. Doc. A/CN.4/364 (F) (in Ybk, 1983, vII(1) (F)) 
- ILC Report, 1983, A/38/10, (F), chp. II(B), paras.44-68.
    2. Dealt with the list of acts to be classified as offences against the peace and security of mankind. Recommended that the draft Code should include those offences covered by the draft prepared in 1954 by the Commission as well as certain violations of international law recognized by the international community since 1954, namely, colonialism, apartheid, the taking of hostages, mercenarism, the threat or use of violence against internationally protected persons, serious disturbance of the public order of the receiving country by a diplomat or an internationally protected person, the taking of hostages organized or encouraged by a State and acts causing serious damage to the environment. 
      - Second Report of the Special Rapporteur, Mr. Doudou Thiam (36th session of the ILC (1984))
- U.N. Doc. A/CN.4/377 and Corr.1 (F) (in Ybk, 1984, vII (1) (F)) 
- ILC Report, A/39/10, (F), 1984, chp. II(B), paras.29-65
    3. Possible outline for future code in two parts; specified category of individuals covered and defined an offence against peace and security of mankind. Examined offences in article 2; proposed four draft articles: "Scope of the present articles" (art.1), "Persons covered by the present articles" (art.2), "Definition of an offence against the peace and security of mankind" (art.3), and "Acts constituting an offence against peace and security of mankind" (art.4). 
      - Third Report of the Special Rapporteur, Mr. Doudou Thiam (37th session of the ILC (1985))
- U.N. Doc. A/CN.4/387 (F) (in Ybk, 1985, vII(1) (F))
- ILC Report, A/40/10, (F), 1985, chp. II(B), paras.34-101
    4. Report divided into five parts: part I - Crimes against humanity, part II - War crimes, part III - Other offences (related offences), part IV - General principles, part V - Draft articles. Set of draft articles in part V contained revised texts of draft articles submitted at Commission's 37th session and a number of new draft articles. 
      - Fourth Report of the Special Rapporteur, Mr. Doudou Thiam (38th session of the ILC (1986))
- U.N. Doc. A/CN.4/398 (F) (in Ybk, 1986, vII(1) (F))
- ILC Report, A/41/10, (F), 1986, chp. V(B), paras. 77-185
    5. Revised texts of draft articles on introduction to draft code, including definition and characterization of offences against peace and security of mankind, and general principles. Eleven draft articles submitted with commentaries briefly describing questions raised. 
      - Fifth Report of the Special Rapporteur, Mr. Doudou Thiam (39th session of the ILC (1987))
- U.N. Doc. A/CN.4/404 (F) (in Ybk, 1987, vII(1) (F))
- ILC Report, A/42/10, (F), 1987, chp. II(B), paras.25-65
    6. Crimes against the Peace in the 1954 draft code. New characterizations of acts as crimes against peace (colonial domination and mercenarism). Revised text of article 11 (acts constituting crimes against peace).  
      - Sixth Report of the Special Rapporteur, Mr. Doudou Thiam (40th session of the ILC (1988)) 
- U.N. Doc. A/CN.4/411 and Corr. 1 and 2 (F) (in Ybk, 1988, vII(1) (F))
- ILC Report A/43/10, (F), 1988, chp. IV(B), paras.211-278
    7. Recasted draft article 13 (War crimes) and article 14 (Crimes against humanity) accompanied by comments summarizing debates.  
      - Seventh Report of the Special Rapporteur, Mr. Doudou Thiam (41st session of the ILC (1989))
- U.N. Doc. A/CN.4/419 and Add.1 (F) (in Ybk, 1989, vII(1) (F))
- ILC Report A/44/10, (F), 1989, chp. III(B), paras.83-216
    8. Report consisted of three parts: part I contained draft acts on complicity (art.15), conspiracy (art.16) and attempt (art.17); part II contained a draft provision on international drug trafficking; and part III dealt with the statute of an international criminal court. 
      - Eighth Report of the Special Rapporteur, Mr. Doudou Thiam (42nd session of the ILC (1990))
- U.N. Doc. A/CN.4/430 and Add.1 (F) (in Ybk, 1990, vII(1) (F)) 
- ILC Report, A/45/10, (F), 1990, chp. II(B), paras.27-92
    9. Draft article Z on penalties applicable to all crimes against peace and security of mankind; draft provision on court's jurisdiction and on requirements for instituting criminal proceedings. 
      - Ninth Report of the Special Rapporteur, Mr. Doudou Thiam (43rd session of the ILC (1991))
- U.N. Doc. A/CN.4/435 and Add.1 (F) (in Ybk, 1991, vII(1) (F))
- ILC Report, A/46/10, (F), 1991, chp. IV(B), paras.67-176
    10. The question of the possible establishment of an international criminal jurisdiction. Part One: Consideration of certain objections to the possible establishment of an international criminal jurisdiction; Part Two: Possible draft provisions: the law to be applied, jurisdiction of the Court ratione materiae, complaints before the court, proceedings relating to compensation, handing over the subject of criminal proceedings to the court, the court and the double-hearing principle. 
      - Tenth Report of the Special Rapporteur, Mr. Doudou Thiam (44th session of the ILC (1992))
- U.N. Doc. A/CN.4/442 (F) (in Ybk, 1992, vII(1) (F))
- ILC Report, A/47/10, (F), 1992, chp. II(B)(1), paras.25-97
    11. The question of the draft statute of an international criminal court. Part One, on the creation of the court, deals with: establishment of the court; the court, judicial organ of the United Nations; seat of the court; applicable law; jurisdiction of the court; jurisdictional disputes; and judicial guarantees. Part Two, on organization and functioning, deals with: permanence of the jurisdiction of the court; residence of the President and the Registrar; rules of procedure; qualifications required; appointment of judges; election of the President and Vice-President(s); appointment of the Registrar; composition of a chamber of the court; compatibility with other functions; deprivation of office; diplomatic immunity; vacancy of a seat; solemn declaration; allowances, emoluments and salaries; and budget of the court. Part Three, on procedure, deals with: admission of a case to the court; intervention; prosecution; investigation; unacceptability of proceedings by default; handing over an accused person to the court; discontinuance of proceedings; detention under remand; hearings; minutes of hearings; judgement; penalties; remedies; execution of penalties; and right of pardon and conditional release. 
      - Eleventh Report of the Special Rapporteur, Mr. Doudou Thiam (45th session of the ILC (1993))
- U.N. Doc. A/CN.4/449 and Corr.1 (F) (in Ybk, 1993, vII(1) (F))
- ILC Report, A/48/10, (F), 1993, chp. II(B)(1), paras.34-95
    12. Covered arts. 1 to 15. Focused only on the general part of the draft dealing with the definition of crimes against the peace and security of mankind, characterization and general principles. Reproduced, article by article, the general part of the draft adopted on first reading, each article being followed by comments from Governments and then by the Special Rapporteur's opinion and conclusions and recommendations on each article: definition (art.1), characterization (art.2), responsibility and punishment (art.3), motives (art.4), responsibility of States (art.5), obligation to try or extradite (art.6), non-applicability of statutory limitations (art.7), judicial guarantees (art.8), non bis in idem (art.9), non-retroactivity (art.10), order of a Government or a superior (art.11), responsibility of the superior (art.12), official position and responsibility (art.13), defences and extenuating circumstances (art.14), and extenuating circumstances (new art. 15)
      - Twelfth Report of the Special Rapporteur, Mr. Doudou Thiam (46th session of the ILC (1994))
- U.N. Doc. A/CN.4/460 and Corr.1 (F) (in Ybk, 1994, vII(1) (F))
- ILC Report, A/49/10, (F), 1994, chp. II(B)(II), paras. 93-97 (see also paras.98-209)
    13. Prepared for the second reading of the draft Code and focused on the crimes against the peace and security of mankind contained in Part II. Limiting the list of crimes to offences whose characterization as crimes against the peace and security of mankind was hard to challenge. Reproduced the draft articles adopted on first reading containing the definitions of six crimes against the peace and security of mankind comprising Part II, namely, aggression (art.15), genocide (art.19), systematic or mass violations of human rights (art.21), exceptionally serious war crimes (art.22), international terrorism (art.24) and illicit traffic in narcotic drugs (art.25). Each article was followed by comments from Governments and then by the Special Rapporteur's views and recommendations.  
      - Thirteenth Report of the Special Rapporteur, Mr. Doudou Thiam (47th session of the ILC (1995))
- U.N. Doc. A/CN.4/466 (F, S, R, C, A) and Corr.1 (English and Russian only)
- ILC Report, A/50/10, (F), 1995, chp. II(B)(1)(2) and (3), paras.41-125, 126-139
E. Reports of the Drafting Committee
    1. 39th session of the International Law Commission (1987)
      - Titles and texts adopted by the Drafting Committee: titles of chapter I and parts I and of II and of the draft; articles 1, 2, 3, 5 and 6 
- U.N. Doc. A/CN.4/L.412 (F) (in Ybk, 1987, vI, 2031st, 2032nd and 2033rd mtgs (10 to 13 July 1987))
    2. 40th session of the International Law Commission (1988)
      - Titles and texts adopted by the Drafting Committee: articles 4, 7, 8, 10, 11 and 12 
- U.N. Doc. A/CN.4/L.422 (F) (in Ybk, 1988, vI (F) 2082nd (F), 2083rd (F), 2084th (F) and 2085th (F) mtgs (20 to 22 July 1988))
    3. 41st session of the International Law Commission (1989)
      - Titles and texts adopted by the Drafting Committee: articles 13, 14 and 15 
- U.N. Doc. A/CN.4/L.433 (F) (in Ybk, 1989, vI (F), 2134th (F), 2135 (F) and 2136th (F) mtgs, (11 to 13 July 1989))
    4. 42nd session of the International Law Commission (1990)
      - Titles and texts adopted by the Drafting Committee: articles 16, 18 and X 
- U.N. Doc. A/CN.4/L.455 (F) (in Ybk, 1990, vI (F), 2196th (F), 2197th (F) and 2198th (F) mtgs (16 to 17 July 1989))
    5. 43rd session of the International Law Commission (1991) 
      - Titles and texts of articles adopted by the Drafting Committee: Parts One and Two; articles 1-26
- U.N. Doc. A/CN.4/L.459 and Corr.1 and Add.1 (F) (in Ybk, 1991, vI (F), 2236th (F) and 2237th (F) mtgs (5 to 9 July 1991) and 2239th (F) , 2240th (F) and 2241st (F) mtgs (11 to 12 July 1991))
    6. 47th session of the International Law Commission (1995)
      - Titles and texts adopted by the Drafting Committee on second reading: Parts One (arts.1, 2, 4, 5, 5 bis, 6, 6 bis, and 8-13) and Two (arts.15 and 19)
- U.N. Doc. A/CN.4/L.506 [and Corr.1] (F) (in Ybk, 1995, vI (F), 2408th (F) mtg (30 June 1995)) 
    7. 48th session of the International Law Commission (1996)  
      - Titles and texts adopted by the Drafting Committee on second reading at its 47th and 48th sessions: arts.1 to 18 (as adopted on second reading)
- U.N. Doc. A/CN.4/L.522 and Corr.1 (English only), 2 (French only) and 3 (Spanish only) (F) (in Ybk, 1996, vI (F), 2437th (F), 2438th (F), 2439th (F), 2440th (F), 2441st (F), 2442nd (F), 2443rd (F), 2444th (F), 2445th (F), 2446th (F), 2447th (F), 2448th (F), 2449th (F), 2450th (F), 2451st (F), 2452nd (F), 2453rd (F) and 2454th (F) mtgs (6 June to 26 July 1996))
      - Titles and texts of articles on the Draft Code of Crimes against the Peace and Security of Mankind adopted by the International Law Commission at its forty-eighth session (1996) 
- U.N. Doc. A/CN.4/L.532 and Corr.1, 2 (Spanish only) and 3 (F) (in Ybk, 1996, vII(2) (F))
F. Comments by Governments
    1. 34th session of the International Law Commission (1982)  
      - Comments and observations received from Governments pursuant to General Assembly resolution 36/106 of 10 December 1981
- U.N. Doc. A/CN.4/358 and Add.1-4 (F) (in Ybk, 1982, vII(1) (F)) 
    2. 35th session of the International Law Commission (1983)  
      -Comments and observations of Governments received pursuant to General Assembly resolution 37/102
- U.N. Doc. A/CN.4/369 and Add.1 and 2 (F) (in Ybk, 1983, vII(1) (F))
    3. 37th session of the International Law Commission (1985)  
      - Observations of Member States and intergovernmental organizations received pursuant to General Assembly resolution 39/80
- U.N. Doc. A/CN.4/392 and Add.1-2 (F) (in Ybk, 1985, vII(1) (F))
    4. 39th session of the International Law Commission (1987)  
      - Observations of Member States received pursuant to General Assembly resolution 41/75
- U.N. Doc. A/CN.4/407 and Add.1-2 (F) (in Ybk, 1987, vII(1) (F))
    5. 42nd session of the International Law Commission (1990)  
      - Observations of Member States received pursuant to General Assembly resolution 43/164 and 44/32
- U.N. Doc. A/CN.4/429 and Add.1-4 (F) (in Ybk, 1990, vII(1) (F))
    6. 45th session of the International Law Commission (1993)  
      - Comments and observations received from Governments on the draft Code of Crimes against the Peace and Security of Mankind, adopted on first reading by the Commission
- U.N. Doc. A/CN.4/448 and Add.1 (F)
      - Comments and observations received from Governments on the report of the Working Group on the question of an international criminal jurisdiction
- U.N. Doc. A/CN.4/452 and Add.1-3  (F)
    7. 46th session of the International Law Commission (1994)  
      - Comments of Governments on the report of the Working Group on a draft statute for an international criminal court
- U.N. Doc. A/CN.4/458 and Add.1-8 (F)
G. Other
    1. 47th session of the International Law Commission (1995)  
      - Proposal by Mr. E. Vargas Carreño (Article 21)
- U.N Doc. A/CN.4/L.505 (F)
    2. 48th session of the International Law Commission (1996)  
      - Proposal by Mr. Christian Tomuschat on crimes against the environment
- U.N Doc. ILC(XLVIII)/DC/CRD.3 (F)
H. Reports of the International Law Commission
    1. Report of the International Law Commission on the work of its thirty-fourth session, 3 May to 23 July 1982  
      - The Commission resumed consideration of the topic and decided to accord it the necessary priority within its five year programme. It appointed Mr. Doudou Thiam as Special Rapporteur and established a Working Group to be chaired by the Rapporteur.  
      - Discussion in Plenary: 1745th (F) mtg (14 July 1982)
- ILC Report, A/37/10, (F), 1982, chp. VII(B), paras. 252-256  
- Ybk, 1982, vII(2) (F)
  

- Ybk, 1982, vI (F)

- ILC Report, A/38/10, (F), 1983, chp. II, paras.26-69  
- Ybk, 1983, vII(2) (F)
  
- Ybk, 1983, vI (F)
    3. Report of the International Law Commission on the work of its thirty-sixth session, 7 May to 27 July 1984  
      - The Commission, after considering the Special Rapporteur's second report, noted that the first stage of its work was largely confined to collecting raw material. It also formulated relevant conclusions with regard to the content ratione personae of the draft code, the first stage of its work on the draft code, and the content ratione materiae of the draft code. It expressed, inter alia, its intention to limit the scope ratione personae of the draft code to individuals, without prejudice to subsequent consideration of the possible application to States of the notion of international criminal responsibility, and to begin by drawing up a provisional list of offences while bearing in mind the drafting of an introduction summarizing the general principles of international criminal law relating to offences against the peace and security of mankind. The offences which were mentioned for possible inclusion in the Code include, in addition to the offences covered in the 1954 draft, colonialism, apartheid, serious damage to the environment, economic aggression, the use of atomic weapons and mercenarism.  
      - Discussion in Plenary: 1816th (F), 1817th (F), 1818th (F), 1819th (F), 1820th (F), 1821st (F), 1822nd (F), 1823rd (F) and 1824th (F) meetings (9 to 21 May 1984)

- ILC Report, A/39/10, (F), 1984, chp. II, paras.10-65  
- Ybk, 1984, vII(2) (F)

  
 

 

 




- Ybk, 1984, vI (F)

- ILC Report, A/40/10, (F), 1985, chp. II, paras.11-101  
- Ybk, 1985, vII(2) (F)


- Ybk, 1985, vI (F)

- ILC Report, A/41/10, (F), 1986, chp. V, paras.66-185  
- Ybk, 1986, vII(2) (F)

- Ybk, 1986, vI (F)
- ILC Report, A/42/10, (F), 1987, chp. II, paras.10-67  
- Ybk, 1987, vII(2) (F)


- Ybk, 1987, vI (F)

- ILC Report, A/43/10, (F), 1988, chp. IV, paras.192-280  
- Ybk, 1988, vII(2) (F)


- Ybk, 1988, vI (F)

- ILC Report, A/44/10, (F), 1989, chp. III, paras.73-217  
- Ybk, 1989, vII(2) (F)


- Ybk, 1989, vI (F)

- ILC Report, A/45/10, (F), 1990, chp. II, paras.20-158  
-