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 InternationalLawCommission’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
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