ABSTRACT
It seems appropriate to pay some attention to the context in which the UN Ad Hoc Committee began its work in 1995. The renewed interest in the establishment of an International Criminal Court (ICC) resurfaced in the late 1980s. Admittedly there was scarcely any codification of international criminal law at that time. In 1947 Hans Kelsen wrote that he definitely did not want Nuremberg to set a precedent. The work of the Ad Hoc Committee was based upon the Draft Statute, prepared by the International Law Commission (ILC). It is evident that the work of the ILC since the beginning of its existence has been of great importance for the discussions in the Ad Hoc Committee. The cold war tensions began to cease and a more effective functioning of the UN became feasible. Any limitation of the scope of the Draft would make it necessary to adjust the wording of its provisions.
