NCJ Number
168356
Journal
Criminal Law Forum Volume: 8 Issue: 1 Dated: (1997) Pages: 43-86
Date Published
1997
Length
44 pages
Annotation
The Draft Code of Crimes Against the Peace and Security of Mankind adopted by the International Law Commission (ILC) in 1996 is examined with respect to its history, content, and future.
Abstract
The code has its origins in the aftermath of the atrocities of World War II. In 1947 the United Nations General Assembly created the ILC and asked it to define the principles of international law and prepare the draft code. The ILC decided at the outset that the code would contemplate individual criminal responsibility only. Numerous revisions resulted in the inclusion of four crimes: aggression, genocide, crimes against humanity, and war crimes. The code has two parts. The first part states general principles; the second part defines the specific crimes. Article 19 is a controversial provision that was added at the last minute and that addresses crimes against the United Nations and associated personnel. The political influences that surrounded the code's drafting and revision have resulted in a document that is a summary rather than a codification. The code is likely to have no relevance in the international arena or universal acceptance in the domestic arena. Footnotes