What Is HeinOnline?
HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
Already a HeinOnline Subscriber?
Log In
![handle is hein.journals/nyuilp30 and id is 151 raw text is: STATE RESPONSIBILIlY AND INTERNATIONAL
CRIMES: FURTHER REFLECTIONS ON ARTICLE
19 OF THE DRAFT ARTICLES ON STATE
RESPONSIBILITY
SHABTAI RosENNE*
I. INTRODUCTION
In 1996, the International Law Commission (the Com-
mission) completed its first reading of the whole of the Draft
Articles on State Responsibility (the Draft Articles). Follow-
ing the Commission's lead, the time has come to reconsider
the Draft Articles, particularly the much-written-about Article
19, the so-called international crimes provision.'
* Honorary member of the American Society of International Law;
member of the Institute of International Law; former member of he Inter-
national Law Commission (1962-1971). This artide is based on a lecture
delivered at the Global Law School of the New York University School of Law
on 29 October 1997.
1. See Report of the International Law Connission on ite Mod of its Fort -
Eighth Session, 6 May - 26July 1996, U.N. GAOR, 51st Sess., Supp. No. 10, at
131 (Ch. III), U.N. Doc. A/51/10 (1996) [hereinafter Draft Articles]. For
the first review of these Draft Articles by the Sixth Committee of the General
Assembly, see REPORT OF THE ITrERNAIONAL LW COlMMSsION ON, nHE WoRK
OF rrs FORT-EiGHr SESSION (1996): TopiQAL SUMMARY OF THE Dscussiov
HE=D IN THE SIXTH COMMITTE OF THE GENERAL ASSEMBLY DURING ITS Fimr-
Fmsr SESSION PREPARED BY THE SECRETARIAT, ADDENDUM, U.N. Doc. A/CN.4/
479/ADD.1 (1997) [hereinafter ToPicL SuzMMARY]. There had been an ear-
lier phase between 1950 and 1961 in which F. V. Garcia-Amador %-s special
rapporteur. For Garcia-Amador's reports to the Commission, see [HrST] RE-
PORT ON STATE RESPONSIBILITy, U.N. Doc. A/CN.4/96 (1956), reprinted in
[1956] 2 Y.B. Int'l. L. Comm'n. 173, U.N. Doc. A/CN.4/SER.A/1956/
Add.l1; SECOND REPORT ON STATE RESPONSIBILrIrT U.N. Doc. A/CN.4/106
(1957), reprinted in [1957] 2Y.B. Int'l. L Comm'n. 104, U.N. Doc. A/CN.4/
SERA/1957/Add.1; THmD REPORT ON STATE REsPONSIBI Ln U.N. Doc. A/
GN.4/111 (1958), reprinted in [1958] 2 Y.B. Int'l. L Comm'n. 47, U.N. Doc.
A/CN.4/SER-A/1958/Add.1; FOURTH REPORT ON STATE RESPONSIBILfIY,
U.N. Doc. A/GN.4/119 (1959), reprinted in [1959] 2 Y.B. MIT. L Comm'n. 1,
U.N. Doc. A/CN.4/SER.A/1959/Add.1; FIFrH REPORT ON ST,%E REsPONSI-
Bumy, U.N. Doc. A/CN.4/125 (1960), repinted in (1960] 2 Y.B. Int'l L
Comm'n 41, U.N. Doc. A/CN.4/.A/1960/Add.1; Srxm- REPORT ON ST.%TE
REsPoNsmrIY, U.N. Doc. A/CN.4/134 & ADD.1 (1961), reprinted in [1961]
2 Y.B. Int'l L. Comm'n 1, U.N. Doc. A/CN.4/SER.A/1961/Add.1. The re-
145
Imaged with the Permission of N.Y.U. Journal of International Law and Politics](ViewImageLocal?handle=hein.journals/nyuilp30&div=8&collection=journals&method=preview&ext=.png&size=3)