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Last update: August 3, 2015

Analytical Guide to the Work of the International Law Commission

Formulation of the Nürnberg Principles

See also: Summary | Texts and Instruments

Mandate

Studies undertaken by the Secretariat and Reports of the Secretary-General

  • 1st session of the International Law Commission (1949)
    • The Charter and the Judgment of the Nürnberg Tribunal: History and Analysis
  • A/CN.4/5 (U.N. publication, Sales No.: 1949.V.7)

Reports of the Working Group or Sub-Committee

  • 1st session of the International Law Commission (1949)
    • Formulation of the principles recognized in the Nürnberg Tribunal and in the Judgment of the Tribunal — Draft proposed by the Sub-Committee on the formulation of the Nürnberg principles
  • Formulation of the principles recognized in the Nürnberg Tribunal and in the Judgment of the Tribunal — Texts recommended by the Sub-Committee
  • A/CN.4/W.12 (in Yearbook, 1949, part I, 31st meeting (1 June 1949), ft.8)
  • ILC Report, A/925 (A/4/10), 1949, part I, chap. III, paras. 28–9

Reports of the Special Rapporteur

  • Historical survey, resolutions of the United Nations concerning the formulation of the Nürnberg Principles, formulation of the Nürnberg Principles by the International Law Commission, the principles of International Law recognized in the Charter and the Judgment of the Nürnberg Tribunal: Texts and Comments, and the proposed text of the Nürnberg Principles as formulated by the International Law Commission.
    • Report of the Special Rapporteur, Mr. Jean Spiropoulos (2nd session of the ILC (1950))

Reports of the Drafting Committee

None

Comments by Governments

  • 3rd session of the International Law Commission (1951)
    • Observations of Member States on the Commission's formulation of the Nürnberg Principles

Other

  • 1st session of the International Law Commission (1949)
    • Formulation of the Principles recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal — The principles as stated by Sir Hartley Shawcross before the American Bar Association in 1946
  • Formulation of the Principles recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal — Proposal by Professor Georges Scelle

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its first session, 12 April 1949 to 9 June 1949
    • Decided that its task under resolution 177(II) was not to express any appreciation of the principles as principles of international law but merely to formulate principles of a substantive character. Decided to refer the draft to a rapporteur in order to prepare a report to be submitted to the Commission at its second session in 1950.
    • Discussion in Plenary: 17th meeting (9 May 1949), 25th, 26th, 27th, 28th and 29th meetings (23 May to 27 May 1949), and 31st meeting (1 June 1949)

General Assembly Action

None

Final Outcome

International Law Commission (2nd session, 1950)

General Assembly (5th session, 1950)

  • Resolution 488 (V) of 12 December 1950
    • Invited governments of Member States to furnish their observations. Requested the International Law Commission, in preparing the draft code of offences against the peace and security of mankind, to take into account the observations made on the formulation by delegations during the fifth session of the General Assembly and of any observations which may be made by governments.