CYIL 2015

BACK TO THE ILC’S LEGISLATIVE HISTORY: CODE OF CRIMES AGAINST THE PEACE … of armed forces against another State for any purpose other than national or collective self-defence or in pursuance of a decision or recommendation of a competent organ of the United Nations.” 16 The inclusion of the crime of aggression instead of crimes against peace was a subject of controversy because the draft Code did not provide a definition of the term “act of aggression”. The Special Rapporteur Spiropoulos even recommended that the Commission abstain from defining aggression because it would be a “waste of time”, arguing that everyone could recognize aggression, although it was impossible to define comprehensively. 17 However, also other paragraphs of Article 2 were relevant for the crimes against peace: “(2) Any threat by the authorities of a State to resort to an act of aggression against another State; (3) The preparation by the authorities of a State of the employment of armed force against another State…; (4) The organization, or the encouragement of the organization, by the authorities of a State, of armed bands within its territory or any other territory for incursions into the territory of another State…; (8) The annexation by the authorities of a State of territory belonging to another State, by means of acts contrary to international law.“ In its session in 1954 the ILC decided to modify its previous text and added a new offence to the list of crimes, namely the intervention by the authorities of a State in the internal or external affairs of another State by means of coercive measures (Art. 2, para. 9). At the same session the Commission adopted the revised draft Code of Offences against the Peace and Security of Mankind. 18 However, the General Assembly, in resolution 897 (IX), considering that the draft Code raised problems closely related to the definition of aggression, decided to postpone further consideration of the draft Code until the new special committee on the question of defining aggression had submitted its report. It happened that the work of the Commission on this topic was discontinued until 1981. It is worth noting that the draft Code, i.e. criminal law instrument, was postponed because of the lack of definition of the act of aggression by a State. 3.2 The 1996 Draft Code of Crimes It was only few years after the adoption of the Definition of aggression when, in 1981, the General Assembly invited the Commission to resume its work with a view to elaborating the draft Code of Offences against the Peace and Security of Mankind, taking into account the results of the progressive development of international law. 19 16 YILC, 1951, vol. II, pp. 135-136.

17 Report of the Special Rapporteur, in: YILC, 1950, vol. II, p. 262. 18 The Work of the International Law Commission . Vol. I, op. cit ., pp. 86-87. 19 GA res. 36/106, 10 December 1981.

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