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The Contribution of the International Law Commission to the Development of the Nuremberg Principles and Its Continuing Relevance regarding the Fight against Impunity and the Consolidation of International Criminal Law.

Authors :
Teles, Patricia Galvão
Padin, Juan Francisco
Source :
Max Planck Yearbook of United Nations Law; 2024, Vol. 27 Issue 1, p485-506, 22p
Publication Year :
2024

Abstract

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]

Details

Language :
English
ISSN :
13894633
Volume :
27
Issue :
1
Database :
Complementary Index
Journal :
Max Planck Yearbook of United Nations Law
Publication Type :
Academic Journal
Accession number :
182193449
Full Text :
https://doi.org/10.1163/18757413_02701018