The Forty-Second Session of the International Law Commission

1990 ◽  
Vol 84 (4) ◽  
pp. 930-943 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
State Responsibility ◽  
Peace And Security ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its forty-second session from May 1 to July 20, 1990, under the Chairmanship of Professor Shi Jiuyong. In the context of its work on the Draft Code of Crimes against the Peace and Security of Mankind, the Commission considered the establishment of an international criminal court and adopted three articles of the code. Also at the forty-second session, the Commission adopted six articles on the law of the non-navigational uses of international watercourses and discussed reports on state responsibility, relations between states and international organizations, international liability for injurious consequences arising out of acts not prohibited by international law and jurisdictional immunities of states and their property.

The Forty-Fourth Session of the International Law Commission

1993 ◽  
Vol 87 (1) ◽  
pp. 138-144
Author(s):  
Robert Rosenstock
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
State Responsibility ◽  
Future Plan ◽  
International Liability ◽  
International Law Commission ◽  
Fourth Session ◽  
Law Commission

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.

The Fortieth Session of the International Law Commission

1989 ◽  
Vol 83 (1) ◽  
pp. 153-171 ◽  
Author(s):  
Stephen C. Mccaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
State Responsibility ◽  
Draft Code ◽  
Peace And Security ◽  
The Status ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its 40th session from May 9 to July 29, 1988, under the Chairmanship of Ambassador Leonardo Díaz-González. The Commission adopted 6 articles of the Draft Code of Crimes against the Peace and Security of Mankind and 14 articles on the law of non-navigational uses of international watercourses. Substantial time was devoted to both international liability for injurious consequences arising out of acts not prohibited by international law and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Reports on jurisdictional immunities of states and their property and state responsibility were introduced by the special rapporteurs for those topics but were not discussed by the Commission owing to lack of time. The remaining substantive item on the Commission’s agenda, relations between states and international organizations (second part of the topic), was not considered at this session. Finally, the Commission once again devoted substantial time to reviewing its procedures and methods of work.

The Forty-Sixth Session of the International Law Commission

1995 ◽  
Vol 89 (2) ◽  
pp. 390-395 ◽  
Author(s):  
Robert Rosenstock
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
State Responsibility ◽  
Current Term ◽  
Sixth Session ◽  
State Succession ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its forty-sixth session from May 2 to July 22, 1994, under the chairmanship of Professor Vladlin Vereshchetin of Russia.The Commission had one of its most productive sessions. It completed a second draft of a statute for an international criminal court; completed its second reading on nonnavigational uses of international watercourses; completed, provisionally on first reading, a discrete portion of its work on liability for injurious consequences arising out of acts not prohibited by international law; considered aspects of state responsibility; began its second reading on the Draft Code of Crimes; and appointed Vaclav Mikulka and Alain Pellet, respectively, as special rapporteurs for the new topics of “State succession and its impact on the nationality of natural and legal persons” and “the law and practice relating to reservations to treaties.” It is the intention of the Commission to conclude its work on these two topics during the current term, i.e., by 1996.

The Forty-First Session of the International Law Commission

1989 ◽  
Vol 83 (4) ◽  
pp. 937-945 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
General Assembly ◽  
State Responsibility ◽  
Peace And Security ◽  
The Status ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its 41st session from May 2 to July 21, 1989, under the Chairmanship of Professor Bernhard Graefrath. The most noteworthy achievement of the session was the completion of work on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. The Commission referred this draft to the General Assembly with the recommendation that the Assembly convoke a diplomatic conference for the purpose of concluding a convention on the basis of the articles. Also at the 41st session, the Commission adopted three articles of the Draft Code of Crimes against the Peace and Security of Mankind and discussed reports on state responsibility, international liability for injurious consequences arising out of acts not prohibited by international law, jurisdictional immunities of states and their property, and the law of the non-navigational uses of international watercourses. A report on relations between states and international organizations was presented to the Commission but was not discussed for lack of time. Finally, the Commission once again devoted a number of meetings to reviewing its procedures and methods of work.

The Forty-Fifth Session of the International Law Commission

1994 ◽  
Vol 88 (1) ◽  
pp. 134-140
Author(s):  
Robert Rosenstock
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
State Responsibility ◽  
Draft Statute ◽  
Working Groups ◽  
International Law Commission ◽  
Future Work ◽  
Law Commission

The International Law Commission of the United Nations held its forty-fifth session from May 2 to July 23, 1993, under the chairmanship of Ambassador Julio Barboza of Argentina. The Commission elaborated a substantially complete draft statute of an international criminal court in a working group, considered aspects of state responsibility, commenced drafting articles on liability for injurious consequences arising out of acts not prohibited by international law, began its second reading on non-navigational uses of international watercourses, and made recommendations for its future work. The Commission continued its innovative use of working groups and subgroups to expedite its work and, consequently, had a highly productive session.

The Thirty-Fifth Session of the International Law Commission

1984 ◽  
Vol 78 (2) ◽  
pp. 457-480 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
International Law ◽  
International Organizations ◽  
General Assembly ◽  
State Responsibility ◽  
Draft Code ◽  
Peace And Security ◽  
The Law ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The 35th session of the International Law Commission was held in Geneva from May 3 to July 22, 1983 under the chairmanship of Ambassador Laurel Francis. The Commission considered all seven substantive items on its agenda: state responsibility; jurisdictional immunities of states and their property; status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier; the Draft Code of Offences against the Peace and Security of Mankind; the law of the non-navigational uses of international watercourses; international liability for injurious consequences arising out of acts not prohibited by international law; and relations between states and international organizations (second part of the topic). The Drafting Committee, which met a record 30 times, reported out a total of 15 articles concerning three of the above topics (jurisdictional immunities, state responsibility and the diplomatic courier and bag), all of which were provisionally adopted by the Commission. The entire session is dealt with in some detail in the Commission’s 1983 report to the General Assembly. Only the highlights will be covered here.

The Forty-third Session of the International Law Commission

1991 ◽  
Vol 85 (4) ◽  
pp. 703-709 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
Sierra Leone ◽  
International Organizations ◽  
General Assembly ◽  
State Responsibility ◽  
Peace And Security ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The forty-third session of the United Nations International Law Commission (ILC) was held in Geneva from April 29 to July 19, 1991, and was chaired by Ambassador Abdul Koroma of Sierra Leone. During the session, the last of the ILC’s current five-year term of office, the Commission adopted full sets of draft articles on three of the subjects on its agenda. It completed the second reading, or final adoption, of the draft on jurisdictional immunities of states and their property, and approved on first reading its articles on the law of the non-navigational uses of international watercourses, and the Draft Code of Crimes against the Peace and Security of Mankind. In its report to the General Assembly, the Commission recommended that the Assembly convene a diplomatic conference charged with concluding a convention on the basis of the draft articles on jurisdictional immunities. The drafts on watercourses and crimes were sent to governments for their comments, which the Commission requested they submit by January 1, 1993. The ILC will then give each of those drafts a second reading, taking into account the observations received from states. In addition to the progress made on these topics, the Commission considered reports on the three remaining subjects on its agenda: international liability for injurious consequences arising out of acts not prohibited by international law, relations between states and international organizations (second part of the topic) and state responsibility.

Visits to the ICRC

1990 ◽  
Vol 30 (277) ◽  
pp. 345-346
Keyword(s):  
International Law ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
General Assembly ◽  
United Nations General ◽  
Peace And Security ◽  
United Nations General Assembly ◽  
International Law Commission ◽  
Law Commission

• ICRC President Comelio Sommaruga received the members of the International Law Commission (ILC) at ICRC headquarters on 7 June 1990.The Commission is a subsidiary body of the United Nations General Assembly. Its 34 members are elected from among the most eminent representatives of the world's different legal systems. The Commission is entrusted with the task of promoting the codification and development of international law. It is currently working on the codification of offences against the peace and security of mankind (which include war crimes) and the setting up of an international criminal court.

Completing the ``International Criminal Order''

1998 ◽  
Vol 67 (2) ◽  
pp. 107-137 ◽  
Author(s):  
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
International Community ◽  
Criminal Court ◽  
Criminal Jurisdiction ◽  
Draft Statute ◽  
Domestic Jurisdiction ◽  
International Law Commission ◽  
Law Commission

AbstractRecent efforts in the United Nations to establish a comprehensive system of international criminal repression by creating a permanent international criminal court are by no means free from doubts regarding the possibility ever to enforce such law. The preamble of the draft statute prepared by the International Law Commission states the basis on which the court is to assert jurisdiction in an ambitious manner: it is the ``International Community'', joining against ``the most serious crimes of international concern''. The project cannot, however, ignore decades of realist criticism against the assumption of the existence of an international community that is ready to accept an international criminal jurisdiction. In the negotiations, this contradiction is dealt with by a technique provided with an ambiguous name: ``complementarity'', i.e. the coordination of the tasks of the international and domestic jurisdiction. The writer discusses the various ideas and proposals presented under the heading of ``complementarity'' in order to examine the tension between communitarian and sovereignty-based strands in the international project to create an effective criminal jurisdiction.

Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.32 Mistake of fact or mistake of law/Erreur de fait ou erreur de droit

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
General Rule ◽  
Criminal Court ◽  
International Law Commission ◽  
Law Commission

This chapter comments on Article 32 of the Rome Statute of the International Criminal Court. Article 32 addresses defences of mistake of fact or mistake of law. The drafters of the Statute did not want to leave the determination of defences to the discretion of judges, an approach used in all of the earlier models including the final draft Code of Crimes adopted by the International Law Commission in 1996. In general, the purpose of codifying defences in the Rome Statute is not to authorize them but rather to confine them. Thus, article 32 admits defences of mistake of fact and law but under certain conditions. If article 32 were not in the Statute, the general rule on mens rea set out in article 30 would apply without restriction, possibly subject to limitation by the Elements of Crimes.

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