Summaries of the Work of the International Law Commission
Formulation of the Nürnberg Principles
See also: Analytical Guide | Texts and Instruments
By General Assembly resolution 177 (II) of 21 November 1947, the Commission was directed to formulate the principles of international law recognized in the Charter of the Nürnberg Tribunal and in the judgment of the Tribunal.
At its first session, in 1949, the Commission undertook a preliminary consideration of the subject. It had before it a memorandum submitted by the Secretary-General entitled “The Charter and the Judgement of the Nürnberg Tribunal: History and Analysis”.1 In the course of this consideration, the question arose as to whether or not the Commission should ascertain to what extent the principles contained in the Charter and in the judgment constituted principles of international law. The conclusion was that since the Nürnberg principles had been unanimously affirmed by the General Assembly in resolution 95 (I) of 11 December 1946, the task entrusted to the Commission was not to express any appreciation of those principles as principles of international law but merely to formulate them.
At the same session, the Commission appointed a sub-committee, which submitted a working paper containing a formulation of the Nürnberg principles. The Commission considered the working paper and retained tentatively a number of draft articles, which were referred to the sub-committee for redrafting. In considering what action should be taken with respect to the further draft submitted by the sub-committee, the Commission noted that the task of formulating the Nürnberg principles appeared to be closely connected with that of preparing a draft code of offences against the peace and security of mankind. The Commission decided to defer a final formulation of the principles until the work of preparing the draft code was further advanced. It appointed Jean Spiropoulos as Special Rapporteur for both topics and referred to him the draft prepared by the sub-committee. The Special Rapporteur was requested to submit his report on the draft to the Commission at its second session.
At its second session, in 1950, on the basis of the report presented by the Special Rapporteur,2 the Commission adopted a final formulation of the Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal, and submitted it, with commentaries, to the General Assembly, without making any recommendation on a further action thereon.3
By resolution 488 (V) of 12 December 1950, the General Assembly decided to send the formulation to the Governments of Member States for comments, and requested the Commission, in preparing the draft code of offences against the peace and security of mankind, to take account of the observations made on this formulation by delegations during the fifth session of the General Assembly and of any observations which might later be received from Governments.4
1 Document A/CN.4/5.
2 See Yearbook … 1950, vol. II, document A/CN.4/22.
3 See Yearbook … 1950, vol. II, document A/1316, paras. 97–127. (see Analytical Guide)
4 Observations of Member States on the Commission’s formulation of the Nürnberg principles are contained in Yearbook … 1951, vol. II, document A/CN.4/45 and Add.1 and 2. In addition, the second report of the Special Rapporteur on a draft code of offences against the peace and security of mankind (ibid., document A/CN.4/44) contained a digest of the observations on the Commission’s formulation of the Nürnberg principles made by delegations during the fifth session of the General Assembly. As requested by the General Assembly, the Commission took into account the comments and observations received from Governments on the formulation of the Nürnberg principles.