The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 111
I. ROME STATUTE OF THE INTERNATIONAL
CRIMINAL COURT

Adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998

II. FINAL ACT OF THE UNITED NATIONS DIPLOMATIC CONFERENCE OF PLENDPOTENTIARIES ON THE ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT

Done at Rome on 17 July 1998

INTRODUCTORY NOTE: By resolution 260 (III) B of 9 December 1948 (adopted on the same day as the Genocide Convention (No. 61)), the UN General Assembly invited the International Law Commission “to study the desirability and possibility of establishing an international judicial organ for the trial of persons charged with genocide or other crimes over which jurisdiction will be conferred upon that organ by international conventions”. By resolution 498 (V) of 12 December 1950, it established a committee on international criminal jurisdiction to prepare a draft statute for an international criminal court. The committee prepared such a draft which, in 1951, was transmitted to governments for observations. By resolution 688 (VII) of 20 December 1952, the General Assembly established a new committee on international criminal jurisdiction which, in 1954, submitted a revised draft. In 1954, the General Assembly decided to postpone further consideration of both the question of international criminal jurisdiction and of the draft code of offenses against the peace and security of mankind (elaborated by the International Law Commission on the request of the General Assembly) until the Special Committee on the question of defining aggression (established by resolution 895 (IX) of the General Assembly on 4 December 1954) had submitted its report (see resolutions 897 (IX) of 4 December 1954, 898 (IX) of 14 December 1954, and 1187 (XI I) of 11 December 1957). The Definition of Aggression, prepared by the Special Committee, was adopted by the General Assembly by resolution 3314 (XXLX) on 14 December 1974, but it was only in 1981 that the General Assembly invited the International Law Commission to resume its work on the draft code of offenses (resolution 36/106 of 10 December 1981), and in 1989 that it requested it to consider further the question of an international criminal court (resolutions 44/39 of 4 December 1989, 45/41 of 28 November 1990, 46/54 of 9 December 1991). In 1992, the International Law Commission established a working group to draft a statute for an international criminal court, and, in 1994, it adopted a draft statute and recommended to the General Assembly to convene an international conference to study the draft statute and to conclude a convention on the establishment of an international criminal court. In the same year, the General Assembly established an ad hoc committee (from 1995 on called “preparatory committee”) open to all states members of the United

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