United Nations

A/RES/44/39


General Assembly

Distr. GENERAL  

4 December 1989

ORIGINAL:
ENGLISH



                                                       A/RES/44/39
                                                       72nd plenary meeting
                                                       4 December 1989
 
      International criminal responsibility of individuals and entities
      engaged in illicit trafficking in narcotic drugs across national
      frontiers and other transnational criminal activities:  establishment of
      an international criminal court with jurisdiction over such crimes
 
     The General Assembly,
 
     Mindful that, in accordance with Article 13, paragraph 1, of the Charter
of the United Nations, the General Assembly is called upon to initiate studies
and make recommendations for the purpose of encouraging the progressive
development of international law and its codification,
 
     Recognizing that there is an established link between illicit trafficking
in narcotic drugs and other organized criminal activities which endanger the
constitutional order of States and violate basic human rights,
 
     Mindful of the adoption on 19 December 1988 of the United Nations
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, which recognizes that illicit trafficking in narcotic drugs is an
international criminal activity,
 
     Bearing in mind the need to keep under review those topics of
international law which, given their new or renewed interest for the
international community, may be suitable for the progressive development of
international law and its codification,
 
     1.   Requests the International Law Commission, when considering at its
forty-second session the item entitled "Draft Code of Crimes against the Peace
and Security of Mankind", to address the question of establishing an
international criminal court or other international criminal trial mechanism
with jurisdiction over persons alleged to have committed crimes which may be
covered under such a code of crimes, including persons engaged in illicit
trafficking in narcotic drugs across national frontiers, and to devote
particular attention to that question in its report on that session;
 
     2.   Requests the Secretary-General to transmit to the International Law
Commission any views expressed by Member States pursuant to paragraph 3 of
resolution 44/32 of 4 December 1989, as well as the summary records of the
debate on the present agenda item during the forty-fourth session of the
General Assembly;
 
     3.   Decides to consider the question of establishing an international
criminal court or other international criminal trial mechanism at its
forty-fifth session when examining the report of the International Law
Commission.