text: subject of complicity, conspiracy or attempt. 37. Lastly, other members supported the Special Rapporteur’s approach of treating complicity, conspiracy and attempt as separate offenaes, One of those members, in particular , while having no objection to those notions appearing in the part of the Code dealing with general principles, as suggested by other members, thought that t18y should also be retained as separate offences. Mentioning them among the general principles did not preclude their being included in the part dealing with spsaific offences, where each of those notions could be precisely defined in order to facilitate their application by the courts, 38. With regard to the abova-msntionod observations, the Special Rapportour stressed that the Commission 8hDulrl perhaps not dwell too long on methodological problems, important though they wore, In that connection, it had beon repeatedly suggested during the debate that the notions of aomplic! ty, conspiracy and attempt should have been placed in the part of the draft Codo dealiny with general principles, rather than in the one dealing with specific offences. Ho added that some national criminal codes did indeed deal with complicity, conspiracy and attempt in the framework of general provisions, Other Codes, however, adopted a different approach. The French Penal Code, for example, dealt with complicity in its specific provisions and - 16 -with attempt in the general part, The Special Rapporteur also pointed out that in the 1954 Draft Code prepared by the Commission, complicity was treated as a crime in paragraph 13 of article 2 , not placed in the section dealing with general principles. And Ln the “Principles of International Law recognised in the Charter of the Niirnberg Tribunal rend in the Judgsment of the Tribunall@, complicity was unequivocally characterised as an international crime. Since it was a question of methodology, the Speoial Rapporteur saw no
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