At its second session in 1950, the ILC adopted a formulation of seven Principles of International Law recognized in the Charter and Judgment of the Nuremberg Tribunal.
* Principle I : Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment. This is based on the general rule that international law may impose duties directly on individuals.
* Principle II : The fact that internal law does not impose a penalty for an international crime does not relieve the person who committed the act from international responsibility. This implies the "supremacy" of international law over national law.
* Principle III : The fact that a person acted as Head of State or responsible Government official does not relieve him from responsibility under international law.
* Principle IV : Acting pursuant to an order of his Government or of a superior does not relieve him from responsibility, provided a moral choice was in fact possible to him.
* Principle V : Any person charged with a crime under international law has the right to a fair trial on the facts and law
* Principle VI : sets out the crimes punishable under international law:
* Crimes against peace : Includes planning, preparation, initiation, or waging of a war of aggression or a war in violation of international treaties, as well as participation in a conspiracy for these acts. The ILC understands the term "waging of a war of aggression" to refer only to high-ranking military personnel and high State officials. The Tribunal affirmed the illegality of aggressive war based on the Kellogg-Briand Pact.
* War crimes : Violations of the laws or customs of war, such as murder, ill-treatment, deportation, killing of hostages, and plunder.
* Crimes against humanity : Murder, extermination, enslavement, deportation, and other inhuman acts or persecutions on political, racial, or religious grounds, when done in execution of or in connection with a crime against peace or a war crime. These acts may constitute crimes against humanity even if committed by the perpetrator against their own population.
* Principle VII : Complicity in the commission of any of the crimes listed in Principle VI is a crime under international law.
The ILC also considered the General Assembly's invitation to study the desirability and possibility of establishing an international judicial organ for the trial of persons charged with genocide or other crimes. While some members questioned its effectiveness, particularly for grave international crimes, others argued that the creation of such a jurisdiction was desirable as an effective contribution to world peace and security, serving as a deterrent against aggressors. (496 words)
(Summary of the Principles of International Law recognize recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal, with commentaries 1950 based on the Text adopted by the International Law Commission at its second session, in 1950)
ILC's Task: Formulating Nuremberg Principles
The question asks about the primary objective assigned to the International Law Commission (ILC) by the General Assembly resolution 177 (II). This resolution specifically directed the ILC regarding the principles established by the Nuremberg Tribunal.
General Assembly Directive for ILC
The directive from the General Assembly, as outlined in resolution 177 (II), instructed the International Law Commission (ILC) to perform a precise function concerning the Nuremberg legal framework. The ILC was specifically asked to:
- "formulate the principles of international law recognized in the Charter of the Nuremberg Tribunal and in the judgment of the Tribunal".
It is important to note the precise scope defined for the ILC's work. The provided text clarifies this by stating:
"The ILC's task was to merely formulate the principles not to express an appreciation of them as principles of International law since they had already been affirmed by the General Assembly."
Defining the ILC's Mandate
This statement clearly delineates the ILC's mandate. Its primary job was to articulate and set down these principles derived from the Nuremberg proceedings. The commission was explicitly instructed not to delve into evaluating their standing or validity in international law. This means the ILC's role was descriptive and codifying, rather than analytical or judgmental regarding the principles' status.
In essence, the ILC's responsibilities were:
- To identify and restate the principles found in the Nuremberg Charter and judgment.
- To present these principles in a clear formulation.
- To avoid any commentary or assessment ("appreciation") of whether these principles constituted established international law at that time.
Selecting the Correct Formulation
When comparing these points to the given options, one option stands out as accurately reflecting the ILC's defined task:
- Option 1 suggests determining the extent of these principles as international law. This implies an 'appreciation' or judgment, which contradicts the directive.
- Option 2 states: "To formulate the Nuremberg principles, without expressing an appreciation of their status as principles of international law." This aligns perfectly with the explicit wording and emphasis found in the source text, capturing both the action (formulate) and the restriction (without appreciation).
- Option 3 focuses on assessing the positive international law status of the Charter and judgment. This also involves an 'appreciation' and goes beyond the primary task of formulation.
- Option 4 involves formulating underlying general principles of law. While related to legal principles, the directive was specifically about formulating the principles recognized in the Nuremberg Charter and judgment, rather than a broader exploration of general principles of law.
Thus, the task was strictly confined to formulation, excluding any form of legal appraisal of the principles' status.
Similar Questions
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- Which of the following is identified as Bentham's fundamental axiom underlying utilitarianism?
- Utilitarianism, as described in the text, emphasizes which aspect of an act over the others listed?
- The characteristic of utilitarianism that operates beyond individual thought, desire, and perspective is called:
- Bentham's ethical system attempted to quantify happiness and the good to meet the conditions of the scientific method, which required ethics to be all of the following except:
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- Based on the passage, the primary problem the author identifies with the current discourse surrounding "rights" is the:
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Important Questions from Non Grammar
- According to the text, what did Bentham consider the fundamental unit of human action, replacing concepts like natural rights?
- Which of the following is identified as Bentham's fundamental axiom underlying utilitarianism?
- Utilitarianism, as described in the text, emphasizes which aspect of an act over the others listed?
- The characteristic of utilitarianism that operates beyond individual thought, desire, and perspective is called:
- Bentham's ethical system attempted to quantify happiness and the good to meet the conditions of the scientific method, which required ethics to be all of the following except:
