i n d i v i d ua l c r i m i na l r e s p o n s i b i l i t y
401
law bearing individual responsibility.
20
This was reaffirmed in the Geno-
cide Convention of 1948, which also called for prosecutions by either
domestic courts or ‘an international penal tribunal’.
21
The International
Law Commission produced a Draft Code of Offences against the Peace
and Security of Mankind in 1954, article 1 of which provided that ‘of-
fences against the peace and security of mankind, as defined in this Code,
are crimes under international law, for which the responsible individuals
shall be punishable’.
22
Individual responsibility has also been confirmed with regard to grave
breaches of the four 1949 Geneva Red Cross Conventions and 1977 Addi-
tional Protocols I and II dealing with armed conflicts. It is provided specif-
ically that the High Contracting Parties undertake to enact any legislation
necessary to provide effective penal sanctions for persons committing or
ordering to be committed any of a series of grave breaches.
23
Such grave
breaches include wilful killing, torture or inhuman treatment, extensive
destruction and appropriation of property not justified by military ne-
cessity and carried out unlawfully and wantonly, unlawful deportation
or transfer of protected persons and the taking of hostages.
24
Protocol
I of 1977 extends the list to include, for example, making the civilian
population the object of attack and launching an attack against works
or installations containing dangerous forces in the knowledge that such
attack will cause excessive loss of life or damage to civilians or their prop-
erty when committed wilfully and causing death or serious injury; other
activities such as transferring civilian population from the territory of
an occupying power to that of an occupied area or deporting from an
occupied area, apartheid and racial discrimination and attacking clearly
recognised historic monuments, works of art or places of worship, may
also constitute grave breaches when committed wilfully.
25
20
Resolution 96(1).
21
Note that the International Convention on the Suppression and Punishment of the Crime
of Apartheid of 1973 declared apartheid to be an international crime involving direct
individual criminal responsibility.
22
A/2693, and 45 AJIL, 1954, Supp., p. 123.
23
See article 49 of the First Geneva Convention, article 50 of the Second Geneva Conven-
tion, article 129 of the Third Geneva Convention and article 146 of the Fourth Geneva
Convention. See further below, chapter 21, p. 1199.
24
See e.g. article 50 of the First Geneva Convention, article 51 of the Second Geneva Con-
vention, article 130 of the Third Geneva Convention and article 147 of the Fourth Geneva
Convention. See also L. C. Green,
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