Law commission ends 1995 session: progress made on Code of Crimes.

Work continued on a draft Code of Crimes against the Peace and Security of Mankind at the forty-seventh session of the International Law Commission (2 May-21 July, Geneva). The 34-member body decided to submit its final draft to the General Assembly in 1996. Draft articles for the Code had been provisionally adopted on final reading in 1991 by the Commission and transmitted to Governments for comments and observation.

After reviewing reports from Member States on what crimes they felt should be included in the Code, Special Rapporteur Doudou Thiam pointed to a clear consensus on four: aggression; genocide; war crimes; and crimes against humanity. Proposed articles on intervention, threat of aggression and the use of mercenaries should not be retained, as there were "no strong grounds" advanced in their favour, he said.

Despite progress, differences of opinion persisted, notably with regard to the content of the future Code. Some members wanted to reduce the number of crimes to a minimum, while others advocated a wider approach which would include, for example, intervention, colonial domination and illicit drug trafficking.

Other items on the Commission's 1995 agenda were: State succession and its impact on the nationality of natural and legal persons; State responsibility; international liability for injurious consequences arising out of acts not prohibited by international law; and law and practice relating to reservations to treaties.

In other action, Igor Ivanovich Lukashuk of the Russian Federation was elected to the Commission, replacing Vladlen Vereshchetin who had been elected to the International Court of Justice.

A set of articles on settlement of disputes relating to the legal consequences of a delict - for inclusion in Part III of a future instrument on State responsibility - was adopted on first reading.

Various methods of settlement were proposed, such as: negotiation; good offices and mediation; conciliation; and arbitration. Models for a conciliatory commission and an arbitral tribunal were also prepared.

The notion of a "State crime", however, remained controversial. Draft articles were to be considered further in light of proposals made during the session.

A general plan for a treaty on State responsibility, endorsed by the Commission in 1975, envisaged a three-part structure: the origin of international responsibility; its content, forms and degrees; and settlement of disputes and the implementation of international responsibility.

Part I was provisionally adopted on first reading in 1980. Work on the other two sections continues.

With regard to another topic - international liability for injurious consequences arising out of acts not prohibited by international law - the Commission concentrated on the role of harm and the environment. It provisionally adopted articles to be included in a future international instrument dealing with freedom of action and limits thereto, prevention, liability and reparation, and cooperation.

Discussions on the issue of State succession and its impact on the nationality of natural and legal persons were based on the fundamental premises that every person whose nationality might be affected by the change in the international status of a territory had the right to a nationality, and that States had the obligation don to prevent statelessness, which was viewed as the most serious potential consequence of State succession.

Other consequences to be addressed in that regard were: dual nationality; separation of families resulting from the attribution of different nationalities to their members; military obligations; pensions and other social security benefits; and the right of residence.

The Commission, established by the General Assembly in 1947, is mandated to promote the progressive development and codification of international law. Its 34 experts represent the world's main legal systems.

Among the international conventions resulting from the Commission's work are those on: diplomatic and consular relations; prevention and punishment of crimes against internationally protected persons, including diplomats; and succession of States in respect of their property, archives and debts.

Court rules on

French tests

The International Court of Justice (ICJ) on 22 September dismissed New Zealand's request to declare that France's nuclear tests in the South Pacific constituted a violation of the rights, under international law, of New Zealand and other States, by introducing radioactive material into the marine environment By a vote of 12 to 3, the ICJ also dismissed related applications and declarations to intervene by Australia, Samoa, Solomon Islands, the Marshall Islands and the Federated States of Micronesia.

The ICJ found that New Zealand's request for special proceedings did not fall within the Court's 1974 similar ruling on the Nuclear Tests case (New Zealand v. France). According to that decision, New Zealand could ask for an "examination of the situation" only if France resumed nuclear tests in the atmosphere.