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A Patchwork of Norms: A Commentary on the 1996 Draft Code of Crimes against the Peace and Security of Mankind

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III. Conclusion

Although the 1991 Draft Code, which was the culmination of nearly a half century of work, was considered, by the consensus of most international criminal law experts, insufficient as it stood,42 the ILC's newly adopted 1996 Draft Code rejects all past work and appears to have lost its way in attempting to forge new ground. As a result, the ILC may well have caused the totality of its work in this area to be for nought. With the adoption of a Statute of a Permanent Criminal Court looming nearer, and the ILC having only its 1996 Draft Code to show for nearly half a century of work, it may be that the ILC has now ensured that a Code of Crimes against the Peace and Security of Mankind will never come into being.

42 Cherif Bassiouni (ed.), Commentaries on the International Law Commission's 1991 Draft Code of Crimes Against the Peace and Security of Mankind (1993) viii.

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