International Law Commission

• 1st session of the International Law Commission (1949)
  • Historical survey of the question of international criminal jurisdiction

• A/CN.4/7/Rev.1 (United Nations publication, Sales No.: 1949.V.8)
• ILC Report, A/925 (A/4/10), 1949, part I, chap. IV, para. 33

• 2nd session of the International Law Commission (1950)
  • Bibliography on international criminal law and international criminal courts

• A/CN.4/28

• 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))

• A/CN.4/15 and Corr.1 (in Yearbook, 1950, vol. II)
• ILC Report, A/1316 (A/5/12), 1950, part IV, paras. 135–136

• 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))

• A/CN.4/20 (in Yearbook, 1950, vol. II)
• ILC Report, A/1316 (A/5/12), 1950, part IV, paras. 131–134

• 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 meeting (31 May 1949)

• ILC Report, A/925 (A/4/10), 1949, part I, chap. IV, paras. 32–34
• Yearbook, 1949

• 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 meetings (7 to 12 June 1950)

• ILC Report, A/1316 (A/5/12), 1950, part IV, paras. 128–145
• Yearbook, 1950, vol. II
• Yearbook, 1950, vol. I

International Law Commission (2nd session, 1950)

• 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.

• ILC Report, A/1316 (A/5/12), 1950, part IV, paras 140 and 145
• Yearbook, 1950, vol. II

General Assembly

• Resolution 489 (V) of 12 December 1950
  • 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