Gerry Simpson

The International Law Commission's Draft Code of Crimes against the Peace and Cecurity of Mankind: An appraisal of the substantive provisions

i i This article is an expanded and updated version of a paper delivered at the annual meeting of the Australian and New Zealand Society of International Law in Canberra, Australia, May 28-30, 1993. The authors served as International Legal Consultants to the Australian Department of Foreign Affairs and Trade on the International Law Commissions Draft Code of Crimes against the Peace and Security of Mankind, The opinions expressed in this article are those of the authors and not of the Australian government. We would like to acknowledge the financial support of the Australian Research Council. Gordon Innes and Alastair Iles both provided invaluable research assistance on this project. We also wish to thank Professor Roger S. Clark, Editor in Chief, and Madeleine Sann, Director of Publication, of Criminal Law Forum for extremely helpful comments and editorial assistance on this article.

A New International Criminal Law Regime

Institution-building in international law is an architecture of compromise. The United Nations, poised to make one of its most ambitious institutional and theoretical leaps since the creation of the human rights system in Geneva, again finds itself caught between the impulse towards universalism and the hesitancies of statism. The institution in question is the proposed International Criminal Court.

Great Powers and Outlaw States Redux

In this brief paper, provoked in part by Pieter Kooijmans’ The Doctrine of the Legal Equality of States, the author returns to his 2004 book, Great Powers and Outlaw States and reads it in light of criticisms by two sympathetic interlocutors, and in the shadow of the 2003 Iraq War and more recent efforts to conceptualise the possibilities of constraining hegemony (when it threatens the ‘rule of law’) and promoting it (when it might secure some superseding political ends).