United Nations

A/RES/36/106


General Assembly

Distr. GENERAL  

10 December 1981

ORIGINAL:
ENGLISH



                                                A/RES/36/106
                                                10 December 1981
 
          Draft Code of Offences against the Peace and Security of Mankind
 
               The General Assembly,
 
               Mindful of Article 13, paragraph 1 (a), of the Charter of the
          United Nations, which provides that the General Assembly shall
          initiate studies and make recommendations for the purpose of
          encouraging the progressive development of international law and its
          codification,
 
               Recalling its resolution 177 (II) of 21 November 1947, by which
          it requested the International Law Commission to prepare a draft
          code of offences against the peace and security of mankind,
 
               Having considered the draft Code of Offences against the Peace
          and Security of Mankind prepared by the International Law Commission
          and submitted to the General Assembly in 1954,
 
               Recalling the belief that the elaboration of a Code of Offences
          against the Peace and Security of Mankind could contribute to
          strengthening international peace and security and thus to promoting
          and implementing the purposes and principles set forth in the
          Charter of the United Nations,
 
               Bearing in mind its resolution 33/97 of 16 December 1978, by
          which it decided to accord priority and the fullest consideration to
          the item entitled "Draft Code of Offences against the Peace and
          Security of Mankind",
 
               Having considered the report of the Secretary-General submitted
          pursuant to resolution 35/49,
 
               Having considered that the International Law Commission has
          just accomplished an important part of its work devoted to the
          succession of States in respect of State property, archives and
          debts and thus the programme of work is at present lightened,
 
               Taking into consideration that the membership of the
          International Law Commission was increased during the thirty-sixth
          session of the General Assembly and that it has at its disposal a
          new mandate of five years to organize its future work,
 
               Taking into account the views expressed during the debate of
          this item at the current session,
 
               Taking note of paragraph 4 of General Assembly resolution
          36/114 of 10 December 1981 on the report of the International Law
          Commission,
 
               1.     Invites the International Law Commission to resume its
          work with a view to elaborating the draft Code of Offences against
          the Peace and Security of Mankind 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;
 
               2.     Requests the International Law Commission to consider at
          its next session the question of the draft Code of Offences against
          the Peace and Security of Mankind in the context of its five-year
          programme and to report to the General Assembly at its
          thirty-seventh session on the priority it deems advisable to accord
          to the draft Code, and the possibility of presenting a preliminary
          report to the Assembly at its thirty-eighth session bearing, inter
          alia, on the scope and the structure of the draft Code;
 
               3.     Requests the Secretary-General to reiterate his
          invitation to Member States and relevant international
          intergovernmental organizations to present or update their comments
          and observations on the draft Code of Offences against the Peace and
          Security of Mankind, and to submit a report to the General Assembly
          at its thirty-seventh session;
 
               4.     Requests the Secretary-General to submit to the
          International Law Commission all the necessary documentation,
          comments and observations presented by Member States and the
          relevant international intergovernmental organizations on the item
          entitled "Draft Code of Offences against the Peace and Security of
          Mankind";
 
               5.     Decides to include in the provisional agenda of its
          thirty-seventh session the item entitled "Draft Code of Offences
          against the Peace and Security of Mankind" and to accord it priority
          and the fullest possible consideration.