ABSTRACT

As is weil known, the International Law Commission decided in 1976 to include an article in its Draft Articles on State Responsibility which makes a distinction between 'normal' internationally wrongful acts, which it rather unfortunately called 'delicts', and exceptionally grave breaches ofinternationallaw, which it termed, perhaps less unfortunately, 'international crimes'.l In this way, the ILC took up a suggestion made by its then Special Rapporteur, Roberto Ago, who, as early as 1939, had proposed such a distinction.2