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Leslie C. Green

first session adopted a resolution 62 affirming ‘the principles of international law recognised by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal’. This was followed by a further resolution 63 instructing the International Law Commission to ‘formulate’ these principles, which it did at its second session in 1950, 64 reaffirming that crimes against peace are

in The contemporary law of armed conflict
Leslie C. Green

) 138 affirming the Principles of International Law recognised by the Charter of the Nuremberg Tribunal, but without detailing what these Principles are. This lacuna was remedied in 1950 with the adoption by the International Law Commission of Principles of International Law recognised in the Charter of the Nuremberg Tribunal and the Judgment of the Tribunal. 139 Principles III and IV confirm that

in The contemporary law of armed conflict
Leslie C. Green

. 50 1974, 13 I.L.M. 710; see also International Law Commission Draft Code of Crimes against the Peace and Security of Mankind, 1991, 30 ibid ., 1585. 51 Since none of the states involved in the US/UK actions against Iraq is directed to this end, they might be considered as outside the definition

in The contemporary law of armed conflict
Abstract only
Leslie C. Green

operations. By Article 16 the Convention applies ‘without prejudice to . . . the law of armed conflict and international humanitarian law, including the provisions relating to the status of combatants or prisoner of war’, so that a captured mercenary is still not considered as a legitimate combatant. The International Law Commission has now adopted a Draft Code of Crimes against the Peace and Security of

in The contemporary law of armed conflict
Leslie C. Green

by the Charter of the Nuremberg Tribunal. 169 It should be remembered, however, that this is only a recommendation lacking any legal force, but possessing significant political authority. Nevertheless, there is a tendency among the members of the United Nations, as well as writers, to accept this resolution as declaratory of customary law, especially as the International Law Commission

in The contemporary law of armed conflict
Leslie C. Green

Y.B.I.L.C. 91 the International Law Commission 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

in The contemporary law of armed conflict