... reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited. For commercial re-use, please contact [email protected] Since the adoption in 2001 of the International Law Commission’s ‘Articles...

... that situation, and so cannot contravene the principle in Article 41 of the International Law Commission’s Articles on State Responsibility. ¹⁹ © The Author 2015. Published by Oxford University Press. Available online at www.bybil.oxfordjournals.org 2015 Abstract Articles adopted...

... at www.bybil.oxfordjournals.org 2013 Abstract The early International Law Commission does not occupy a heroic role in our imaginations. Its work draws tepid praise, if any, and is evaluated simply in terms of its successes or not in codifying and progressively developing international law. This article calls attention...

...International Law Commission United Nations International Criminal Court An International Criminal Court (‘the Court’) is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international...

...International Law Commission United Nations General Assembly United Nations Security Council International Criminal Court Host state law 1 . The seat of the Court shall be established at The Hague in the Netherlands (‘the host State’). 2 . The Court shall enter into a headquarters...

... Law Commission proposed that the subject-matter jurisdiction of the Court include illicit international trafficking in drugs and seizure of aircraft and kidnapping of diplomats or internationally protected persons. ¹¹² The 1992 International Law Commission Working Group on the proposed...

... could ever have been reached on the establishment of an institution like the Court were it to have the power to delve into the history of the States Parties. The International Law Commission draft statute did not have a provision setting out the temporal jurisdiction of the proposed Court...

.... Triggering of the jurisdiction of the Court by organs of the United Nations had featured in discussions from the beginning of the work of the International Law Commission in the early 1990s. Doudou Thiam’s first report on the proposed court revealed a debate within the Commission as to whether the General...

... of Mankind, during the late 1980s. Although the International Law Commission had not yet been mandated to prepare the statute of an international criminal tribunal, its collective mind had clearly turned in that direction, because the provision it adopted addressed the issue in the context...

... in the Commission about including both general principles of law and customary international law, and this explained why the terms were in square brackets. ¹⁵ The final draft statute adopted by the International Law Commission contained a provision entitled ‘applicable law’ in which many of the elements...

...International Law Commission United Nations General Assembly United Nations Security Council International Criminal Court Treaties, entry into force Vienna Convention on the Law of Treaties Treaties, reservations and declarations Treaties, amendments and modification Aggression Prosecution...

...International Law Commission United Nations Security Council International Criminal Court Jurisdiction Customary international law Travaux préparatoires Erga omnes obligations Opinio juris Sovereignty Jurisdiction of states, universality principle Article 12—one of the cornerstone...

...International Law Commission United Nations General Assembly International Criminal Court International Criminal Tribunal for Rwanda International Criminal Tribunal for the Former Yugoslavia Individual criminal responsibility Genocide Mens rea Responsibility of individuals Responsibility...

... contains an elaborate definition of crimes against humanity. Although there is no doubt that crimes against humanity are crimes under international law, there is no generally accepted definition of such crimes. The International Law Commission noted the existence of ‘unresolved issues about the definition...

...International Law Commission World Trade Organization United Nations Security Council International Court of Justice Vienna Convention on the Law of Treaties UNCLOS (UN Convention on the Law of the Sea) Our task in this chapter is twofold. First, to explain how the instruments employed...

... of Maritime Law (Southampton). Any errors are the author’s alone. International Civil Aviation Organization International Law Commission International Maritime Organization United Nations High seas Straits Innocent passage Warfare, sea Coastal states Exclusive economic zone Hardly any other rule...

... of Article 16 of the ILC’s Articles as guidance for determining the elements required for state complicity in genocide appears to be justified. In 1978, the then Special Rapporteur of the International Law Commission (ILC) on the topic of state responsibility, Roberto Ago, proposed the adoption of a draft...

...International Law Commission Innocent passage Territorial sea Warfare, sea Ships / vessels Codification State practice The territorial sea as a legal institution embodies the reconciliation of two desiderata which always coexist in a condition of social tension: the desideratum that trade...

...International Law Commission United Nations General Assembly International Court of Justice Permanent Court of International Justice (historical) International financial law Specific treaties Treaties, application Vienna Convention on the Law of Treaties UN Charter Jurisdiction This book...

...International Law Commission International Court of Justice Permanent Court of Arbitration International economic law Jurisdiction In any legal system legal obligations are requirements with which legal subjects are bound to conform. Thus an obligatory act or omission is something the law...