The Question of the establishment of an International Criminal Jurisdiction

1949 ◽  
Vol 43 (3) ◽  
pp. 478-486
Keyword(s):  
United Nations ◽  
International Law ◽  
International Criminal ◽  
The State ◽  
The Other ◽  
General Assembly ◽  
Plenary Meeting ◽  
Criminal Jurisdiction ◽  
The United Nations

The General Assembly of the United Nations, at its 179th plenary meeting on December 9, 1948, unanimously approved the Convention on the Prevention and Punishment of the Crime of Genocide, and proposed it for signature and ratification or accession in accordance with Article XI thereof. Article I of the Convention provides that “genocide, whether committed in time of peace or in time of war, is a crime under international law.” Article V stipulates that the Contracting Parties undertake to enact, in accordance with their respective constitutions, the necessary legislation to provide effective penalties for persons guilty of genocide or any of the other acts made punishable under the Convention. Such persons are to be tried, according to Article VI, “by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.” The Convention thus envisages the possible creation of an international penal tribunal.

Proposal for an International Criminal Court

1952 ◽  
Vol 46 (1) ◽  
pp. 60-72 ◽  
Author(s):  
Quincy Wright
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
General Assembly ◽  
Member States ◽  
Criminal Jurisdiction ◽  
Draft Statute ◽  
The United Nations

The Committee on International Criminal Jurisdiction appointed by the General Assembly of the United Nations met in Geneva in August, 1951. Its report, accompanied by a Draft Statute for an International Criminal Court, has been submitted to the, governments of Member States for comment before June 1, 1952.

The Development of Chinese International Law Terms and the Problem of Their Translation into English

1968 ◽  
Vol 27 (3) ◽  
pp. 485-501 ◽  
Author(s):  
Hungdah Chiu
Keyword(s):  
United Nations ◽  
International Law ◽  
Chinese Text ◽  
Religious Group ◽  
The Other ◽  
General Assembly ◽  
Genocide Convention ◽  
Chinese Translation ◽  
Proposal A ◽  
The United Nations

In 1951, the Chinese delegate to the United Nations proposed to the General Assembly that the Chinese text of the Genocide Convention be revised. The reason for revision, as stated in the Chinese proposal, was that there existed a number of discrepancies between the Chinese text originally prepared by the United Nations Secretariat and the other official texts. The Chinese delegate included in his proposal a new Chinese text for consideration by the General Assembly. Of the proposed changes the most important one related to the Chinese translation of the term “genocide.” The term had originally been translated by the Secretariat as “wei-hai chung-tsu” (lit., “to cause harm or to destroy racial groups”), while the new Chinese text translated the term as “ts'an-hai jen-ch'ün” (lit., “to cause harm to or to destroy human groups in a ruthless manner”). The new translation is closer to the meaning of the term “genocide” which, as defined in Article 2 of the Convention, encompasses any act “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.” The Chinese proposal was adopted by the General Assembly on December 21, 1952, by Resolution 691 (VII).

Improving the Operation and Functioning of the International Criminal Tribunals

2000 ◽  
Vol 94 (4) ◽  
pp. 759-773 ◽  
Author(s):  
Daryl A. Mundis
Keyword(s):  
United Nations ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Secretary General ◽  
General Assembly ◽  
Expert Group ◽  
International Criminal Tribunals ◽  
International Tribunals ◽  
The United Nations

Since the establishment of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, both International Tribunals have grown tremendously in terms of resources. Despite this growth, the International Tribunals have rendered judgments in only fifteen cases and conducted inordinately long trials—a fault for which, perhaps more than any other, they can be justly criticized. The Secretary- General of the United Nations recently appointed an expert group to review the efficiency of the operation of the International Tribunals and make recommendations for improvement. Following the release of the group's report, the General Assembly requested that the Secretary-General obtain comments from the International Tribunals on the experts’ recommendations. The ICTYjudges, for their part, considered these recommendations in a report to the United Nations setting forth a long-term strategy for improving the operation of the Tribunal.

Implementing Decisions of International Human Rights Institutions – Evidence from the United Nations Human Rights Committee

2019 ◽  
Vol 30 (3) ◽  
pp. 753-777
Author(s):  
Vera Shikhelman
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
The State ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Human ◽  
The United Nations ◽  
Internal Capacity

Abstract In recent years, there has been an increasing amount of research about the implementation of international law. However, there has been almost no empirical research about implementing decisions of international human rights institutions. The decisions of those institutions are usually regarded as soft law, and states do not have a clear legal obligation to implement them. In this article, I bring original empirical data about how and when states implement decisions of the United Nations Human Rights Committee (HRC) in individual communications. I hypothesize that the following factors influence the readiness of states to implement the views of the HRC: (i) the level of democracy and human rights protection in the state; (ii) internal capacity; (iii) strength of civil society; (iv) type of remedy; (v) representation on the HRC; (6) subject matter of the communication. I find that the most important factor for implementing remedies granted by the Committee is the high human rights score of the state. The internal capacity of the state is also significant but to a lesser extent than found in previous studies. Also, I find a certain connection between the state being represented on the HRC and its willingness to implement the remedies.

Part 13 Final Clauses: Clauses Finales, Art.127 Withdrawal/Retrait

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
Secretary General ◽  
State Party ◽  
The United Nations ◽  
One Year

This chapter comments on Article 127 of the Rome Statute of the International Criminal Court. Article 127 addresses the withdrawal of a State Party from this Statute. A State may withdraw from the Rome Statute by providing a written notification to the depositary, the Secretary-General of the United Nations. The withdrawal takes effect one year after receipt of the notification by the Secretary-General, unless a later date is specified. There have been no notifications of withdrawal from the Rome Statute. The Statute does not indicate whether a notice of withdrawal can itself be withdrawn, thereby returning the State to ordinary status as a Party. Withdrawal does not affect the continuation of the Statute with respect to other States Parties, even if the number of them falls below the threshold of sixty.

“Convention on the Safety of United Nations and Associated Personnel”: Presentation and analysis

1995 ◽  
Vol 35 (309) ◽  
pp. 638-666 ◽  
Author(s):  
Antoine Bouvier
Keyword(s):  
United Nations ◽  
International Law ◽  
Ad Hoc ◽  
General Assembly ◽  
Progressive Development ◽  
United Nations General ◽  
Fast Pace ◽  
United Nations General Assembly ◽  
The United Nations

On 9 December 1994 the United Nations General Assembly adopted by consensus the Convention on the Safety of United Nations and Associated Personnel. In so doing it completed a process of codification and progressive development of international law at an unusually fast pace, considering that the Ad Hoc Committee entrusted by the 48th General Assembly (1993) with drafting the Convention took less than nine months to complete its task.

Convention on the Law of the Non-Navigational Uses of International Watercourses

1997 ◽  
Vol 10 (3) ◽  
pp. 501-508 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
United Nations ◽  
International Law ◽  
Working Group ◽  
General Assembly ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Final Text

On 11 April 1997, the text of the Convention on the Law of the Non-Navigational Uses of International Watercourses was presented by the Working Group of the Whole (WG) of the United Nations General Assembly Sixth Committee to the United Nations General Assembly (UNGA). This Convention is based on the 1994 Draft Articles on the same topic prepared by the International Law Commission (ILC). These Draft Articles were approved on second reading by the ILC during its 46th session in 1994 and subsequently submitted to the 49th session of the UNGA in 1994 for consideration by states. By its Resolution 49/52, the UNGA invited states to present written submissions to comment on the Draft Articles and at the same time it proposed that a working group on the whole of the UNGA Sixth Committee be established to convene during the 51st session of UNGA (September-December 1996) to elaborate the text for a convention. During its first session, the WG did not manage to accomplish this task. The final text submitted to the UNGA on 11 April 1997 was the result of the second session of the WG which had deliberated during the period from 24 March to 4 April 1997.

Sign in / Sign up

Export Citation Format

Share Document