text: UNITED NATIONS General Assembly Distr. GENERAL A/ 40 / 4sL /Add . II October 1985 ENGLISH ORIGINAT: SPANISH Fortieth session Agenda item 133 REPLIES RECEIVED FROM GOVERNMENTSDRAFT CODE OF OFFENCES AGAINST THE PEACE AND SECURITY OF MANKIND Report of the Secretarv-General Addendum COI{IENTS Page 2 2Mexico 85-26649 1895j (E)A/40 /4sL/Add.1 English Page 2 REPLIES RECEIVED FROI,I GOVERNMENTS MEXICO lOriginal: Spanishl [19 September 1985] 1. In paragraph 65 (a) of the report of the International Law Commission I/ it is proposed to l-imit the content rationq per.sglrae of the draft Code to the criminalliability of individuals, without prejudice to subsequent consideration of thepossible application to States of the notion of international criminalresponsibility, in the light of the opinions expressed by Governments. 2. The Government of Mexico believes that it is artificial to give separate treatment to the subjects of responsibility for the commission of offences againstpeace, since such offences can be committed by either natural or juridical persons. i{exico has repeatedly stated in the Sixth Committee of the General Assembly that, given the nature of the offences involved and the character of the norms that would be violated, a State is more likely to commit such offences than any natural person. To sidestep that issue is tantamount to distorting the purpose of the articles of the draft Code of Offences against the Peace and Security of Mankind and its practical application. This tendency to deal with Stateresponsibility secondarily is apparent in paragraph 65 (a) of the report of the fnternational Law Cornmission. 3. It is also a matter of concern that the fnternational Law Commission has notyet studied fully the Mexican proposal to include in the Code a procedural chapter on an international jurisdiction. . Noles y gfficial-Records- 9f the General-Assembly, Thirty:n-inlh sesj;ion, Supplement No. t0 (A/39/LOt.
analysis: This text appears to be related to international law and the development of a draft code for crimes against humanity. The focus is on the responsibility of states and individuals for committing such crimes, and the need for an international jurisdiction to prosecute them. The language used is formal and technical, indicating a specialized and expert discussion.