* Editor's note: research for this Article was updated through February 13, 1995.

** Member, International Law Commission Working Group on a Draft Statute for an International Criminal Court, Professor of Law, University of Bonn, Bonn, Germany

1. S.C. Res. 827, U.N. SCOR 49th Year 3453d mtg. at 1, U.N. Doc. S/RES/827 (1993), reprinted in appendix A of this issue of Criminal Law Forum and in 32 I.L.M.1203.

2. S.C. Res. 955, U.N. SCOR, 49th Year, 3453D MTG. AT 1, U.N. Doc. S/RES/955 (1994), reprinted in appendix D of this issue of Criminal Law Forum and available in U.N. Gopher Documents Security Council Resolutions.

3. The International MilitaryTribunal at Nuremberg was established pursuant to Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, Aug. 8, 1945, 82 U.N.T.S. 279. The Charter of the International Military Tribunal at Nuremberg is set out in id. at 284. The proceedings are reported in Trial of the Major War Criminals before the International Military Tribunal, Nuremberg, 14 October 1945 - 1 October 1946 (1947-1949).

The International Military Tribunal for the Far East was established in Tokyo pursuant to Special Proclamation by the Supreme Commander for the Allied Powers, Establishment of an International Tribunal for the Far East, Jan. 19, 1946, 4 Bevans 20, reprinted in 1 Benjamin Ferencz, Defining International Aggression 522 (1975). It operated pursuant to Charter of the International Military Tribunal for the Far East, Jan. 19, 1946 (as amended Apr. 26, 1946), 4 Bevans 21, reprinted in 1 Ferencz, supra, at 523. The proceedings are available on microfilm. Record of the Proceedings of the International Military Tribunal for the Far East, Tokyo, Japan (1946-1948). Majority and dissenting opinions have been collected in The Tokyo Judgment: The International Military Tribunal for the Far East, 29 April 1946 - 12 November 1948 (Bert V.A. Roeling & Christian Federik Rueter eds., 1977).

4. The Security Council determined in S.C. Res. 794 that the "magnitude of the human tragedy" unfolding in Somalia constituted a threat to international peace and security in the case contemplated by U.N. Charter ch. VII. S.C. Res. 794, U.N. SCOR 47th year, 1992 S.C. Res. & Dec. at 63, U.N. Doc. S/INF/48 (1992).

5. In the case of Haiti, intervention to restore democracy was based also on U.N. Charter ch. VII. S.C. Res. 940, U.N. Gopher\Documents\Security Council Resolutions.

6. S.C. Res. 954, U.N. SCOR, 49th Year, 3451th mtg. at 1, U.N. Doc. S/RES/954 (1994); Security Council Extends UNOSOM II for Final Period until 31 March 1995, Demands Somali parties Refrain from Intimidation or Violence, Fed. News Serv., Nov. 7, 1994, available in LEXIS, World Library, Allnws File.

7. The first person indicted by the International Tribunal for the Former Yugoslavia (Dragan Nikolic) is alleged to have been the commander of a concentration camp operated by the Bosnian Serbs. Roger Cohen, Tribunal Charges Serbian Camp Commander with War Crimes, N.Y. Times, Nov. 8, 1994, at A5, available in LEXIS, World Library, Allnws File; see also Melinda Crane-Engel, Germany vs. Genocide, N.Y. Times, Oct. 30, 1994, para. 6, at 56, available in LEXIS, World Library, Allnws File (discussing a suspect held in Germany, Dusan Tadic, who is sought by the International Tribunal); Serb War Crimes Trial Referred to Supreme Court, Agence France Presse, Dec. 12, 1994, available in LEXIS, World Library, Allnws File (discussing a prosecution in Austria); War Crimes Panel Convicts Bosnian, Chi. Tribune, Nov 23, 1994, at 3, available in LEXIS, World Library, Allnws File (discussing a prosecution in Denmark). See generally Letter from the Secretary-General to the President of the Security Council, May 24, 1994, U.N. Doc. S/1994/674 (1994), transmitting Final Report of the Commission of Experts Established pursuant to Security Council Resolution 780 (1992), available in U.N. Gopher Current Information Secretary-General's Report. See infra note 11.

8. Thomas S. Warrick, U.N. Foot-dragging Could Make a Sham of the War Crimes Tribunal, Dec. 21, 1994, at 4, available in LEXIS, World Library, Allnws File (citing $562,300 of $ 32.6 million for investigation); Editorial, Prosecute Bosnia's War Criminals, N.Y. Times, Jan. 4, 1995, at A18 (citing less than 2 percent of $28 million). Prosecutor Goldstone unofficially threatened to resign his post if the Tribunal were not adequately financed for 1995, Christoph Driessen, War Crimes Tribunal Slowly Prepares for Proceedings, Deutsche Press-Agentur, Nov. 6, 1994, available in LEXIS, World Library, Allnws File, and for the first quarter of 1995 the Fifth Committee proposed a budget of $7 million, Fifth Committee, Approves $352.5 Million for UNDOF, UNIFIL, UNOSOM II, International Criminal Tribunal and Human Rights Programmes, U.N. Press Release, U.N. Doc. GA/AB/2981 (dec. 21, 1994), available in U.N. Gopher Current Information Press Releases.

9. The Statute of the International Tribunal for the Former Yugoslavia is set out as an annex to Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993) (hereinafter Secretary General's Report), and is reprinted in appendix B of this issue of Criminal Law Forum and in 32 I.L.M. 1192 (hereinafter Statute). The Statute of the International Tribunal for Rwanda is set out as an annex to S.C. Res. 955, supra note 2, and is reprinted in appendix D of this issue of Criminal Law Forum.

10. Draft Code of Crimes against Peace and Security of Mankind art. 21, in Report of the International Law Commission on Its Forty-third Session, U.N. GAOR, 46th Sess., Supp. No. 10, at 238, U.N. Doc. A/46/10 (1991).

11. Editor's note: as this issue went to press, the Tribunal indicated 21 Bosnian Serbs, including Dusan Tadic, see supra note 7, for crimes committed at the Omarska concentration camp in northwestern Bosnia in 1992. Andrew Kelly, U.N. Tribunal Charges 21 Serbs with Atrocities, Feb. 13, 1995, available in LEXIS, World Library, Allnws File. Except for Tadic, all are at large. Both the Bosnian Serb leader, Radovan Karadzic, and the government of Yugoslavia have asserted they will not hand over any of the accused. Bosnia Serb leader Rejects Handover of Suspects, Reuters, Feb. 13, 1995, available in LEXIS, World Library, Allnws File.

12. Secretary-General's Report, supra note 9, 65

13. Id.; International tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the territory of the Former Yugoslavia since 1991, Rules of Procedure and Evidence RR. 8-11, U.N. Doc. IT/32 (1994), amended by U.N. Doc. IT/32/Rev.1 (1994), U.N. Doc. IT/32/Rev. 2 (1994)U.N. Doc. IT/32/Rev 3 (1995), reprinted in appendix C of this issue of Criminal Law Forum (hereinafter I.T.R. Proc. & Evid.).

14. Secretary-General's Report, supra note 9, 125-126; Statute, supra note 9, art. 29; I.T.R. Proc. & Evid., supra note 13, R. 58.

15. Draft Statute for an International Criminal Court, in Report of the International Law Commission on Its Forty-sixth Session, U.N. GAOR, 49th Sess., Supp. No. 10, at 43, U.N. Doc. A/49/10 (1994). The deliberations in the Sixth Committee in the fall of 1994 suggest that the international community may be unwilling to act on the proposals of the International Law Commission. Report of the Sixth Committee, U.N. GAOR, 49th Sess., Agenda Item 137, U.N. Doc. A/49/738, at 17 (1994); G.A. Res. 49/53, U.N. GAOR, 49TH Sess., 84th plen. mtg., U.N. Doc.A/49/53 (1994).

16. Report No. 28/92 (Oct. 2, 1992) (consolidating 6 cases from Arg.), Inter-Am. C.H.R. 154 (1993).