Interpretive Resolutions. Other Treaties Assembly resolutions also expressly draw from independent, pre-existing, obligations under other international agreements. The Reparation Principles, considered in Chapter 2, is a prime example, drawing from multiple conventions in distilling a set of principles that derive from these various regimes.494 It might be said that Assembly resolutions that do so are merely declaratory and carrying no new legal content. However, the line between finding law and making law through interpretation is not always easy to maintain. Assembly interpretations of existing law have been used to advance the jurisprudence in various international tribunals on areas that had, until such resolution, lacked support in international law. This is seen, most prominently, in relation to the ICC’s use of the Reparation Principles in the construction of victim norms in the ICC Statute. 495 Furthermore, the restatement of obligations owed in multiple treaty regimes can more generally help support the creation of customary international law that parallels such conventional obligations. For example, the Assembly’s restatement of the duty to prosecute and extradite alleged war criminals as provided in its Convention on Statutory Limitations has supported claims that this duty also forms part of customary international law, thereby binding all, including those who had not ratified the Convention, except persistent objectors.496 The Assembly has also interpreted treaties to have universal application as part of customary international, as with the principles espoused in the Nuremberg Charter or the Geneva Conventions.497 490 UNGA Res 3314 (XXIX) (1974), [4]. 491 Xxxxxx, ‘Existing Legal Limits’ (n 66); UN Charter art 24(2). 492 See eg UNGA Res 37/233 A (1982), preamble (‘grave concern’ that the Security Council has been prevented from taking effective action ‘in discharge of its responsibilities under Chapter VII of the Charter’). 493 Xxxxxx, ‘Existing Legal Limits’ (n 66), 143. 494 See also UNGA Res 74/143 (2019), [4] (torture as prohibited under multiple sources of international law). 495 See Chapter 2. 496 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity (adopted as GA Res 2391 (1968), entered into force 11 November 1970) 754 UNTS 73 (‘Convention on Statutory Limitations’); Xxxxxx Xxxxx, Prosecuting International Crimes: Selectivity and the International Criminal Law Regime (CUP 2005), 105 (citing UNGA Res 2840 (XXVI) (...
