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Christine Byron

sufficient resources. 4 However, the momentum towards the formation of a permanent ICC, created in the wake of the International Military Tribunals, was soon mired in Cold War politics. The International Law Commission’s Draft Code of Offences was given priority over the creation of an international jurisdiction to deal with such crimes and the Draft Code could not be considered until aggression was defined, so the question of an international criminal court was postponed indefinitely. 5 The issue was lost in silence as the years went by and only

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
Alexander Spencer

://daccess-dds-ny.un.org/doc/RESOLUTION/ 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 International Law Commission, 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

in Romantic narratives in international politics
Matthias Maass

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 International Law Commission 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

in Small states in world politics
Christine Byron

, 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 International Law Commission (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

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
Abstract only
Other offences in international armed conflicts
Christine Byron

the International Law Commission (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

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court