drawn up to make provisions in respect of such crimes”. All the Nuremberg trials,
except the one conducted by the International Military Tribunal, were based on Law
No. 10; under this law come all “crimes against humanity” whether committed in time
of war or peace. It would seem that the law is undoubtedly an “international
instrument” as it was agreed upon by the Big Four Powers and used in courts which
considered themselves to be international tribunals.
Ad (bb). The person involved is assumed to be a common criminal. It is a moot question
whether the word “crime” was used in its broader sense (every punishable act) or in
its narrower meaning (a felony or grave offence, as distinguished from a
misdemeanour). The epithet “serious” was apparently inserted to denote that the
word “crime” was used in the broader sense; it was then qualified by the addition of
the word “serious”. Thus, only grave infractions (murder, theft and like) would come
under this provision while lesser crimes and administrative infractions (for instance,
36
traffic violations and the like) could not be regarded as a reason for exclusion.
Ad (cc). The “stateless person” is considered to have acted against the purposes and
37
principles of the United Nations. What the purposes and principles are, is
38
established in Articles 1 and 2 of the United Nations Charter.
Article 2
General obligations
Every stateless person has duties to the country in which he finds himself, which require
in particular that he conform to its laws and regulations as well as to measures taken for
the maintenance of public order.
1.
This article was taken over literally (with the substitution of the term “stateless person” for
“refugee”) from the Refugee Convention. There was no discussion on, and no objection to, this
Article in the Conference. Its meaning and purpose must thus be assumed to be the same as that
of Article 2 of the Refugee Convention.
2.
The article, as explained in the Comments of the Ad Hoc Committee, does not contain
39
anything which requires detailed explanations: it is a general rule of international law that
40
foreigners fall under the territorial supremacy of the State which they enter; they must conform
41
to the laws and regulations valid in the country of their residence. The reason for including this
36
The British representative had introduced in the Refugee Conference an amendment (A/CONF.2/74) to the Ad Hoc
Committee's version to ensure that refugees who committed such crimes as petty thefts would not be deprived of the
benefits of the Convention.
37
A reference to the principles of the United Nations was contained in Part I Section C of the Constitution of the
International Refugee Organization, dealing with exclusion of certain persons from protection.
38
The British representative in the Refugee Conference thought (SR.24, p. 5) that acts contrary to the purposes and
principles were such acts as war crimes, genocide, and subversion or overthrow of democratic regimes. However, war
crimes fall under subpara. (a). There is obviously some overlapping between subparas. (a) and (c), because "crimes
against peace" are also acts contrary to the purposes and principles of the United Nations. In the view of the French
representative in the Social Committee of the ECOSOC, this clause might refer to persons guilty of genocide (E/AC.7/SR.
160, p. 15) while the United States representative thought it referred to "collaborators" (ibid., p. 16). The representative of
the Secretariat declared the reference to be to persons violating human fights without committing a crime (E/AC.7/SR.166,
p. 9). The vagueness of these words was noted by many representatives in the Social Committee of the Economic and
Social Council (see, for instance, SR.159, p. 12, SR.160, p. 15 ff). Because of this vagueness the Social Committee had
replaced it with a reference to Article 14 (2) of the Universal Declaration of Human Rights, which, however, is no more
precise.
39
See i.a. SR.3, p. 21 (statement by the Israel representative).
40
See E/AC.32, SR.11, para. 49 ff; L. Oppenheim, International Law, Seventh edition, Vol. I, p. 626
41
The question of the advisability of subjecting refugees to military service was discussed in the Ad Hoc Committee but it
was felt that the decision should be left to the various governments. In the Stateless Persons Conference the Belgian
representative proposed the inclusion of a new article (Doc. E/CONF.17/L.12) under which stateless persons could be
subjected to military service under the same conditions as nationals. This proposal was debated in the conference