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Last update: August 3, 2015

Analytical Guide to the Work of the International Law Commission

Draft code of crimes against the peace and security of mankind (Part I)

See also: Summary | Texts and Instruments

Mandate

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

  • 2nd session of the International Law Commission (1950)
    • Memorandum presented by the Secretariat
  • 5th session of the International Law Commission (1953)
    • Note by the Secretariat

Reports of the Working Group or Sub-Committee

None

Reports of the Special Rapporteur

  • 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))
  • 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))
  • 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))

Reports of the Drafting Committee

  • 2nd session of the International Law Commission (1950)
    • Text prepared by the Drafting Committee: arts. I to VI

Comments by Governments

  • 2nd session of the International Law Commission (1950)
    • Replies from Governments concerning a draft Code of Offences against the Peace and Security of Mankind
  • 3rd session of the International Law Commission (1951)
    • Observations of Member States on the Commission's formulation of the Nürnberg Principles
  • 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
  • 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, chap. V(II)(iv), para. 168

Other

  • 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
  • List of Crimes Proposed in the Replies from Governments for Inclusion in the Draft Code of Offences Against the Peace and Security of Mankind
  • A/CN.4/R.2 (mimeograph)
  • Systematic List of the International Crimes Proposed by V. V. Pella in his memorandum

Reports of the International Law Commission

  • 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 meetings (27 and 31 May 1949)
  • 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 meetings (26 June to 6 July 1950), and 72nd meeting (20 July 1950)
  • 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 meetings (25 to 30 May 1951), 106th, 107th, 108th, 109th, 110th and 111th meetings (19 to 26 June 1951)
  • 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 meeting (8 August 1953)
  • 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 meetings (12 to 19 July 1954)

General Assembly Action

  • Resolution 488 (V) of 12 December 1950
    • 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.
 

Final Outcome

General Assembly (9th session, 1954)

  • Resolution 897 (IX) of 4 December 1954
  • Resolution 1186 (XII) of 11 December 1957
    • Deferred consideration of the draft Code until such time as it took up again the question of defining aggression.
  • Resolution 33/97 of 16 December 1978
    • 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.
  • Resolution 35/49 of 4 December 1980
    • 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
 

1 The International Law Commission resumed consideration of the topic in 1982 (see Part II).