PUBLIC INTERNATIONAL LAW I Dersi International Criminal Law soru detayı:

PAYLAŞ:

SORU:

Discuss the role of International Law Commission (ILC) in the development of international criminal law.


CEVAP:

In 1951 the International Law Commission (ILC), in pursuance of the General Assembly resolution, formulated a Draft Code of Offences Against the Peace and Security of Mankind. The Code embodied the principles of the Nuremberg trial. The Code made reference to “persons” as guilty of crimes against the peace and security of mankind in an attempt to prevent them from sheltering behind the abstract entity of state. In 1954, the General Assembly adopted this Draft. Further work on the Draft resumed only in 1988. In 1996, the ILC adopted twenty draft articles constituting a Code of Crimes against the Peace and Security of Mankind. The Code was related to the responsibility of individuals for the relevant crimes. These Codes helped in creating substantive law related to some categories of crimes such as war crimes, crimes against humanity, though the procedural aspects are still in the process of development. The ILC also played a pivotal role in the creation of the International Criminal Court. At the request of the General Assembly, it prepared the draft statute in 1994 that was ultimately adopted as the Rome Statute on the International Criminal Court in 1998.