International criminal responsibility of individuals and entities engaged in illicit trafficking in narcotic drugs across national frontiers and other transnational criminal activities: establishment of an international criminal court with jurisdiction over such crimes

The General Assembly,

Mindful that, in accordance with Article 13, paragraph 1, of the Charter of the United Nations, the General Assembly is called upon to initiate studies and make recommendations for the purpose of encouraging the progressive development of international law and its codification,

Recognizing that there is an established link between illicit trafficking in narcotic drugs and other organized criminal activities which endanger the constitutional order of States and violate basic human rights,

Mindful of the adoption on 19 December 1988 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which recognizes that illicit trafficking in narcotic drugs is an international criminal activity,

Bearing in mind the need to keep under review those topics of international law which, given their new or renewed interest for the international community, may be suitable for the progressive development of international law and its codification,

1.         Requests the International Law Commission, when considering at its forty-second session the item entitled "Draft Code of Crimes against the Peace and Security of Mankind", to address the question of establishing an international criminal court or other international criminal trial mechanism with jurisdiction over persons alleged to have committed crimes which may be covered under such a code of crimes, including persons engaged in illicit trafficking in narcotic drugs across national frontiers, and to devote particular attention to that question in its report on that session;

2.         Requests the Secretary-General to transmit to the International Law Commission any views expressed by Member States pursuant to paragraph 3 of resolution 44/32 of 4 December 1989, as well as the summary records of the debate on the present agenda item during the forty-fourth session of the General Assembly;

3.         Decides to consider the question of establishing an international criminal court or other international criminal trial mechanism at its forty-fifth session when examining the report of the International Law Commission.