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The Forty-Fourth Session of the International Law Commission

Published online by Cambridge University Press:  27 February 2017

Robert Rosenstock
Robert Rosenstock*
Affiliation:
International Law Commission
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Extract

The International Law Commission of the United Nations held its 44th session from May 4 to July 24, 1992, under the chairmanship of Professor Christian Tomuschat. The Commission considered aspects of state responsibility, the possible establishment of an international criminal court, international liability for injurious consequences arising out of acts not prohibited by international law, and its future plan of work and working methods.

Type
Current Developments
Information
American Journal of International Law , Volume 87 , Issue 1 , January 1993 , pp. 138 - 144
Copyright
Copyright © American Society of International Law 1993

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References

1 For an excellent summary of the historical background, see M. Gherif Bassiouni, The Time Has Come for an International Criminal Court, 1 Ind. Int’l & Comp. L. Rev. 1 (1981); and Historical Survey of the Question of International Criminal Jurisdiction, UN Doc. A/CN.4/7/Rev.l (1949), reprinted in Benjamin B. Ferencz, An International Criminal Court 399 (1980).

2 GA Res. 46/54, para. 3 (Dec. 9, 1991), invited the Commission “to consider further and analyze the issue raised in its 1990 Report concerning the question of international court jurisdiction, including proposals for the establishment of an international criminal court or other international trial mechanism in order to enable the General Assembly to provide guidance on the matter.”

3 Draft statutes for an international criminal court were produced in 1950 and 1953. For a “Compendium of relevant international instruments” on an international criminal court from the Treaty of Versailles to the early 1980s, see UN Doc. A/CN.4/368 (1988).

4 The Commission provided a preliminary analysis of some of the issues and suggested some of the options the Assembly might wish to consider in its 1990 report, UN GAOR, 45th Sess., Supp. No. 10, paras. 93–157, UN Doc. A/45/10 (1990).

5 International Criminal Responsibility of Individuals and Entities Engaged in Select Trafficking in Narcotic Drugs and across National Frontiers and Other Transnational Criminal Activities: Establishment of an International Criminal Court with Jurisdiction over Such Crimes, UN Doc. A/44/195 (1989).

6 See UN Doc. A/CONF. 144/28, at 227 (1990).

7 Report on the establishment of an international court to judge war crimes, Eur. Pari. Ass. Doc. No. 658 (1992).

8 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, Pub. L. No. 101-513, §599E, 104 Stat. 1979, 2066 (1990).

9 Report of the International Law Commission on the work of its forty-fourth session, UN GAOR, 47th Sess., Supp. No. 10, para. 104, UN Doc. A/47/10 (1992) [hereinafter 1992 Report]; see also Annex: Report of the Working Group on the question of an international criminal jurisdiction, id., paras. 393–557.

10 UN Docs. A/CN.4/416 (1988) and A/CN.4/425 and Add.1 (1989).

11 UN Docs. A/CN.4/440/Add.1 (1991) and A/CN.4/444 and Corr.1 and Adds.1, 2 & 3 (1992).

12 Supra note 11. The reports are reprinted in the Commission’s 1992 Report, supra note 9.

13 Nov. 29, 1969, reprinted in 64 AJIL 481 (1970), 9 ILM 45 (1970).

14 Dec. 18, 1971, reprinted in 11 ILM 284 (1972).