6.4 UN INTERNATIONAL LAW COMMISSION REPORT 1996

CHAPTER II - DRAFT CODE OF CRIMES AGAINST THE PEACE AND SECURITY OF MANKIND

PART 1 - GENERAL PROVISIONS

Article 2 - Individual responsibility

1. A crime against the peace and security of mankind entails individual responsibility.

2. An individual shall be responsible for the crime of aggression in accordance with article 16.

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Commentary

(1) The principle of individual responsibility for crimes under international law was clearly established at Nürnberg. The Nürnberg Charter provided for the trial and punishment of persons who committed crimes against peace, war crimes or crimes against humanity.

The Nürnberg Tribunal confirmed the direct applicability of international criminal law with respect to the responsibility and punishment of individuals for violations of this law: "It was submitted that international law is concerned with the actions of sovereign States, and provides no punishment for individuals ... In the opinion of the Tribunal, [this submission] must be rejected. That international law imposes duties and liabilities upon individuals as well as upon States has long been recognized." The Nürnberg Tribunal further concluded that "individuals can be punished for violations of international law".

The principle of individual responsibility and punishment for crimes under international law recognized at Nürnberg is the cornerstone of international criminal law. This principle is the enduring legacy of the Nürnberg Charter and Judgement which gives meaning to the prohibition of crimes under international law by ensuring that the individuals who commit such crimes incur responsibility and are liable to punishment.

The principle of individual responsibility and punishment for crimes under international law was reaffirmed in the Statutes of the International Criminal Tribunals for the former Yugoslavia (article 7, paragraph 1 and article 23, paragraph 1) and Rwanda (article 6, paragraph 1 and article 22, paragraph 1). This principle was also reaffirmed by the Commission in the Nürnberg Principles (Principle I) and in the 1954 draft Code (article 1). The punishment of individuals for the crimes covered by the present Code is addressed in article 3 and discussed in the commentary thereto. “

(my emphasis).

As to the specific provisions of Code dealing with the “crime of aggression” under Article 16

see Background Document RLM 002. referenced in Para. 5.2.2. above.

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