The detachment of the statute of an international criminal court from the Code of Crimes against the Peace and Security of Mankind

(b) Relationship between the draft Code of Crimes against the Peace and Security of Mankind and existing multilateral conventions

25. Australia supports the use of separate instruments to embody the statute of a court and the Code of Crimes against the Peace and Security of Mankind.

The report assumes that the draft Code of Crimes against the Peace and Security of Mankind (pp. 22 23) will serve as a basis of the subject matter jurisdiction of the court.

The Nordic countries would also emphasize that the question of an international criminal court must be viewed separately from that of a Code of Crimes against the Peace and Security of Mankind.

quot 4. Takes note with appreciation of chapter II of the report of the International Law Commission, entitled quot Draft Code of Crimes against the Peace and Security of Mankind quot , which was devoted to the question of the possible establishment of an international criminal jurisdiction

The United States notes that the distinguished Special Rapporteur on the draft Code of Crimes against the Peace and Security of Mankind has proposed in his eleventh report (A CN.4 449) a draft statute for an international criminal court.

Australia continues to support this as a basic approach which would see a court apos s jurisdiction based on quot specified existing international treaties creating crimes of an international character quot , including the Code of Crimes against the Peace and Security of Mankind, subject to its adoption and entry into force.

2 References to the question of an international criminal jurisdiction are also to be found in document A CN.4 448 and Add.1 reproducing the comments and observations submitted by Governments on the draft Code of Crimes against the Peace and Security of Mankind adopted on first reading by the Commission at its forty third session.