* [Reproduced from U.N. Document A/46/405 of September 1T7 1991. The Introductory Note was prepared for International Le.?a^ Materials by Stephen C. McCaffrey, University of the Pacific, McGeorge School of Law, and member of the International Law Commission of the United Nations, 1982-1991.]
1/ Report of the International Law Commission on the work of its forty-third session, 29 April-19 July 1991, (Official Records of the United Nations General Assembly, Forty-sixth Session, Supplement No. 10), A/46/10, para. 25.
2/ Article 11 of the draft as adopted on first reading was entitled “Commercial Contracts.” The corresponding article of the draft as adopted on second reading is article 10, “Commercial Transactions.“
3/ See article 2, para. 2.
4/ See article 10, para. 3.
5/ The General Assembly in effect suspended work on the Code in 1954 for the stated reason that it was closely related to the definition of aggression on which a special committee was working. See U.N. General Assembly Resolution 897 (IX) of December 4, 1954.
6/ See U.N. General Assembly Resolution 36/106 of December 10, 1981.
7/ Paragraph 2 of article 6 provides only that if more than one state requests extradition of an accused individual, “special consideration” is to be given to the “State in whose territory the crime was committed.“
8/ E.g., the question of penalties, discussed above; and whether all of the crimes included in the Code could be subject to paragraph 3 of article 3. Most members also agreed that article 14 on Defenses and Extenuating Circumstances would have to be elaborated upon considerably during the second reading process.
A' Official Records of the General Assembly. Forty-sixth Session. Supplement No. 10 (A/46/10).
* This article will be reviewed if an international criminal court is established.
* The reference to an international criminal court does not prejudge the question of the establishment of such a court.
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