S/1994/674 (continued)


A. Mandate

B. Composition

C. Internal working methods

D. Funding of the work of the Commission

E. Coordination and cooperation with other bodies and organizations

F. Investigation methods employed by the Commission

G. Plan of work of the Commission

H. Conclusion of the work of the Commission

I. Acknowledgements

J. Nature of the report


A. International/non-international character of the conflict

B. Grave breaches of the Geneva Conventions of 1949 and Protocols I and II

C. Customary international law of armed conflict

D. Command responsibility

E. Superior orders

F. Reprisals

G. Interference with humanitarian aid convoys

H. Crimes against humanity

I. Genocide

J. Legal aspects of rape and other sexual assaults *16

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*1       Sessions were held on the following dates:
    First session      -      4-5 November 1992
    Second session     -      14-16 December 1992
    Third session      -      25-26 January 1993
    Fourth session     -      1-3 March 1993
    Fifth session      -      24-25 May 1993
    Sixth session      -      13-14 July 1993
    Seventh session    -      30-31 August 1993
    Eighth session     -      27 October 1993
    Ninth session      -      14-15 December 1993
    Tenth session      -      11-12 January 1994
    Eleventh session   -      15-16 February 1994
    Twelfth session    -      11-15 April 1994
All the sessions, except the first one, which was convened in New York, have been held at Geneva.

*2       The funding for these contributed services was provided by DePaul University and grants to the University from the Open Society Fund and the John D. and Catherine T. MacArthur Foundation.

*3       On 29 August 1993, in response to the Secretary-General's request, the Commission submitted a non-paper indicating that it proposed to end its work on 31 July 1994. The Commission's second interim report, submitted by the Secretary-General to the Security Council on 5 October 1993, reflected a plan of action based on a 31 July 1994 schedule.

*4       The contributions received were as follows:

        Country                  Amount (US$)
        Austria                        20 000
        Canada                        237 869
        Czech Republic                  1 000
        Denmark                        15 201
        Germany                        16 000
        Hungary                         3 000
        Iceland                           500
        Liechtenstein                   3 184
        Micronesia                        300
        Morocco                         5 000
        Netherlands                   260 152
        New Zealand                    53 492
        Norway                         49 978
        Sweden                         94 955
        Switzerland                    50 000
        Turkey                         10 000
        United States of America      500 000
             TOTAL                  1 320 631

*5       Because of the positive balance in the Trust Fund at the conclusion of the Commission's work, the Commission urges the Secretary-General to seek the Controller's authorization to use these funds for the publication of the annexes.

*6       See Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (12 August 1949); Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea (12 August 1949); Geneva Convention Relative to the Treatment of Prisoners of War (12 August 1949); Geneva Convention Relative to the Protection of Civilian Persons in Time of War (12 August 1949); United Nations Treaty Series, vol. 75, Nos. 970-973.

*7       1977 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I).

*8       1977 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non- International Armed Conflicts (Protocol II).

*9       Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on 14 May 1954, United Nations Treaty Series, vol. 249, No. I-3511.

*10       See also Official Records of the General Assembly, Fifth Session, Supplement No. 12 (A/1316).

*11       U.S. v. von Weizsaecker (Ministries Case), 14 Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No. 10 at 611 (1949) (the Green Series). See also International Military Tribunal sitting at Nuremberg, reported in Trial of the Major War Criminals before the International Military Tribunal (1949).

*12       General Assembly resolution 260 (III) of 9 December 1948, annex, second and third preambular paragraphs.

*13       From a statement made by Mr. Morozov, representative of the Union of Soviet Socialist Republics, on 19 April 1948 during the debate in the Ad Hoc Committee on Genocide (E/AC.25/SR.12).

*14       See Vienna Convention on the Law of Treaties, opened for signature on 23 May 1969, United Nations Treaty Series, vol. 1155, No. I-18232.

*15       See Report on the question of prevention and punishment of the crime of genocide (E/CN.4/Sub.2/1985/6), para. 29, which states:

*16       See annex II.

*17       S/25704, annex, art. 2 (Grave breaches of the Geneva Conventions; art. 3 (Violation of the law and customs of war); art. 4 (Crimes against humanity); and art. 5 (Genocide). It is to be noted that under article 4, rape is specifically listed even though the conventional and customary international law defining crimes against humanity does not list it specifically, but includes it as part of "other inhumane acts".

*18       Violent crimes of a homosexual nature are not explicitly mentioned in international humanitarian law, but protection against rape and other sexual assaults is also applicable to men on the basis of equality and non-discrimination.

*19       See the Convention on the Rights of the Child adopted by the General Assembly on 20 November 1989 (resolution 44/25), and the World Declaration on the Survival, Protection and Development of Children and Plan of Action for Implementing the World Declaration (A/45/625, annex).

*20       In his commentary on article 5 of the statute, the Secretary-General also seems to consider rape and other sexual assaults to be connected, as he states in the relevant part: "rape and other forms of sexual assault, including enforced prostitution" (S/25704, para. 48).