Search

The role of the International Law Commission (ILC) has been fundamental for the codification and progressive development of international criminal law. This article explores the pivotal role played by the ILC in international criminal law, tracing its roots back to the aftermath of World War II and the Nuremberg Trials. By formulating the Nuremberg Principles, adopted in 1950, the ILC laid the groundwork for subsequent advancements in the prosecution of international crimes. This article presents an overview of the works of the ILC related to international criminal law including the efforts towards drafting a Code of Offences Against the Peace and Security of Mankind and its role in shaping the discourse on international criminal jurisdiction, including debates on the establishment of an International Criminal Court. The evolution of these discussions, spanning several decades, ultimately contributed to the adoption of the Rome Statute in 1998, leading to the establishment of the International Criminal Court. Moreover, the article further discusses recent efforts by the ILC, focusing on the Draft Articles on Crimes Against Humanity and the ongoing work on the immunity of State officials from foreign criminal jurisdiction. [ABSTRACT FROM AUTHOR]

This article addresses the situation of Mexican cartels in relation to the applicability of international humanitarian law (IHL). The analysis starts with a theoretical examination of the International Criminal Tribunal for the former Yugoslavia criteria on intensity of violence and level of organization established for assessing the existence of an organized armed group in the context of a non-international armed conflict. The article further examines legal and non-legal literature with the purpose of providing elements to consider the rightness of applying IHL to criminal organizations, also considering similar scenarios in Latin America. The aim of this assessment is to provide additional elements for the consideration of whether IHL is suitable when addressing confrontations between certain criminal gangs and States. Additionally, the article assesses how the commercial purposes of these groups affect their organization and the nature of the violence in which they engage. [ABSTRACT FROM AUTHOR]