The vain search for legal unity in the fragmentation of global
Andreas Fischer-Lescano and Gunther Teubner
InternationalLawCommission (ILC) for comment, in line with the process
envisaged by Article 17 of its Statute, 14 but also promotes a
The Commission could be asked to devise a
general ‘check-list’ to assist States in
preventing conflicts of norms, negative effects for individuals
/50/40, vol. 1, Annex VI, and the United States of America, ibid. See
also the views of the Special Rapporteur of the InternationalLawCommission on
reservations to treaties, A/CN.4/477/Add.1, 13 June 1996.
CCPR/C/21/Rev.1/Add.9, 2 November 1999 – which includes among possibly
justiﬁed restrictions on such freedom (under article 12) ‘limitations on the freedom
to settle in areas inhabited by indigenous or minority communities’ (para. 16).
CCPR/C/21/Rev.1/Add.10, 29 March 2000. Also CCPR/C/21 Rev. 1/Add. 11.
See A/52/40, para. 36 but see Rule 70A.
Y.B.I.L.C. 91 the InternationalLawCommission adopted Art. 19 (3)
(d), ‘an international crime may result from . . . a serious
breach of an international obligation of essential importance for
the safeguarding and preservation of the human environment . .
.’ and in its Draft Code of Crimes against the Peace and
Security of Mankind, 1991 (30 I.L.M. 1584), Art. 22 (2) (d), it
GEN/NR0/739/16/IMG/NR073916.pdf (accessed 6 November 2013).
22 Draft Code of Offences against the Peace and Security of Mankind, in United Nations
Yearbook of the InternationalLawCommission, Documents of the 36th Session, 1984, vol.
2, Part 1, p. 98, http://legal.un.org/ilc/publications/yearbooks/Ybkvolumes%28e%29/
ILC_1984_v2_p1_e.pdf (accessed 6 November 2013).
23 ‘Wir sind Soldaten der Fortuna, wer Das meiste bietet, hat uns.’ ‘Ja, so ist’s.’ Translation by
Samuel Taylor Coleridge, ‘The Death of Wallenstein’, Kindle Edition.
24 For more on the role of the
by efforts of the world’s major
international organizations. Both the League and the UN have been
heavily involved in clarifying and enhancing the legal instruments that
limit the legality of resorting to war and the conduct of warfare.150 The
UN generally and its InternationalLawCommission in particular have
been fora to initiate new International Law.
In parallel, the League and the UN with its associated organizations
have been active in disarmament efforts.151 After the First World War, the
issue of naval disarmament remained high on the agenda. The Cold War
, although the discrepancy led to conflicting decisions over whether tribunals conducted pursuant to this ordinance were indeed bound by a conflict nexus. 16
The Nuremberg Principles as formulated by the InternationalLawCommission (ILC) did not include a conflict nexus, a position maintained in the ILC’s Draft Code of Offences against the Peace and Security of Mankind. 17 This approach was also reflected in the Genocide Convention, which defined genocide, a specific type of crime against humanity, 18 as a crime under international law whether
the InternationalLawCommission (ILC). 55 The EOC, other than those related to the nature of the conflict, require that the perpetrator ‘directed an attack’, that the ‘object of the attack was a civilian population as such or individual civilians not taking direct part in hostilities’ and that the perpetrator intended such persons to be the object of the attack. 56
The element of ‘directing an attack’ is somewhat unclear. This is due, in part, to debate over the meaning of ‘attack’ in AP I, but also to the choice of the phrase ‘directing attacks’ in Article 8
‘Case history’ on violence against women, and against women’s rights to
health and to reproductive health
Sara De Vido
responsibility for acts of sexual violence against women
committed by state organs or private parties. It is beyond question that the victims
and/or their relatives should be awarded adequate compensation once a violation
of their human rights has been assessed by an adjudicatory body. It is also agreed
that the defendant state must conduct an impartial and effective investigation.191
What has emerged from the most recent reports issued by the Inter-American
DE VIDO 9781526124975 PRINT.indd 49
Violence against women’s health in internationallaw