ABSTRACT

A Introduction 30 The General Assembly, in Resolution 177 (II) of 21 November 1947, requested the Commission to: (a) formulate the principles of international law recognised in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal; and (b) prepare a Draft Code of Offences against the Peace and Security of Mankind, indicating clearly the place to be accorded to the principles mentioned in (a) above. The Commission, at its first session in 1949, appointed Mr Jean Spiropoulos Special Rapporteur. 31 On the basis of the reports of the Special Rapporteur, the Commission: (a) at its second session, in 1950, adopted a formulation of the principles of international law recognised in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal and submitted these principles, with commentaries, to the General Assembly; and (b) at its sixth session, in 1954, submitted a Draft Code of Offences against the Peace and Security of Mankind, with commentaries, to the General Assembly. 32 The General Assembly, in Resolution 897 (IX) of 4 December 1954, considering that the Draft Code of Offences against the Peace and Security of Mankind as formulated by the Commission raised problems closely related to those of the definition of aggression, and that the General Assembly had entrusted a Special Committee with the task of preparing a report on a draft definition of aggression, decided to postpone consideration of the Draft Code until the Special Committee has submitted its report. 33 On the basis of the recommendations of the Special Committee, the General Assembly, in Resolution 3314 (XXIX) of 14 December 1974, adopted the definition of aggression by consensus. 34 The General Assembly, however, did not take action on the Draft Code, until on 10 December 1981 it invited, in Resolution 36/106, the Commission to resume its work with a view to elaborating the Draft Code and to examine it with the required priority in order to review it, taking duly into account the results achieved by the process of the progressive development of international law.33