Report of the international law commission

The International Law Commission was established by the General Assembly at its second session, inwith a view to giving effect to Article 13, paragraph 1 aof the Charter of the United Nations and with the objective of promoting the progressive development of international law and its codification resolution II. The Commission consists of 34 members elected for a term of five years. The Assembly also noted that the International Law Commission nevertheless affirmed its wish that consideration be given to the possibility of holding one half session in the next quinquennium in New York and indicated that, taking into account the estimated costs and relevant administrative, organizational and other factors, such a possibility could be anticipated during the first segment of a session in either the first year or the second year of the next quinquennium.

The Assembly took note of the recommendation made by the Commission in paragraph of its report that preparatory work and estimates proceed on the assumption that the first segment of its seventieth session would be convened at United Nations Headquarters in New York, and took note also of the request of the Commission that the Secretariat proceed to make the necessary arrangements for that purpose so as to facilitate the taking of the appropriate decision by the Commission at its sixty-eighth session, in A summary of the discussions on this agenda item may be found in the Topical summary of the discussion held in the Sixth Committee of the General Assembly, during its seventy-first session, prepared by the Secretariat.

This agenda item will be considered at the seventy-second session Skip to main navigation Skip to content. Search Search. Related links International Law Commission.The International Law Commission was established by the General Assembly at its second session, inwith a view to giving effect to Article 13, paragraph 1 aof the Charter of the United Nations and with the objective of promoting the progressive development of international law and its codification resolution II.

The Commission consists of 34 members elected for a term of five years.

report of the international law commission

At its seventy-first session, the General Assembly took note of the completion of the second reading of the draft articles on the protection of persons in the event of disasters with the adoption of an entire set of draft articles on the topic, the first reading of the draft conclusions on identification of customary international law with the adoption of an entire set of draft conclusions on the topic and the first reading of the draft conclusions on subsequent agreements and subsequent practice in relation to the interpretation of treaties with the adoption of an entire set of draft conclusions on the topic, and recommended that the Commission continue its work on the topics in its current programme.

The Assembly recalled that the seat of the Commission is at the United Nations Office at Geneva and took note of the comments of the International Law Commission on the possibility of holding one half session in the next quinquennium in New York, as presented in paragraphs to of its report. It endorsed the recommendation that the first part of the seventieth session of the Commission be held in New York, which will coincide with the commemoration of the seventieth anniversary of the Commission.

The Assembly welcomed the efforts of the Secretariat in seeking to ensure timely and efficient processing of the documents of the International Law Commission, and encouraged the Secretariat to institutionalize the experimental measures taken during the sixty-eighth session of the Commission to streamline the editing of those documents. Statements were also made by the representatives of the observers of the Council of Europe, the International Chamber of Commerce and of the Permanent Court of Arbitration.

A summary of the discussions on this agenda item may be found in the Topical summary of the discussion held in the Sixth Committee of the General Assembly, during its seventy-second session, prepared by the Secretariat.

The Assembly would also take note with appreciation of the recommendation of the Commission, in its report, regarding the commemoration of its seventieth anniversary inwith events planned in New York and Geneva, and would encourage States to make voluntary contributions to the trust fund for the Office of Legal Affairs to support the promotion of international law in order to facilitate the commemoration.

This agenda item will be considered at the seventy-third session Skip to main navigation Skip to content. Search Search. Related links International Law Commission.The seventh report completed the examination of the procedural aspects of immunity regarding the relationship between jurisdiction and the procedural aspects of immunity; addressed questions concerning the invocation of immunity and the waiver of immunity; examined aspects concerning procedural safeguards related to the State of the forum and the State of the official, considered the procedural rights and safeguards of the official, and proposed nine draft articles.

Following the debate in plenary, the Commission decided to refer draft articles 8 to 16 to the Drafting Committee, taking into account the debate and proposals made in plenary. The Commission welcomed any information that States could provide on the existence of manuals, guidelines, protocols or operational instructions addressed to State officials and bodies that were competent to take any decision that could affect foreign officials and their immunity from criminal jurisdiction in the territory of the forum State.

See also: Comments by Governments. The fourth report addressed the comments and observations made by Governments, international organizations and others on the draft articles and commentaries adopted on first reading and made recommendations for each draft article. The Commission adopted, on second reading, the entire set of draft articles on prevention and punishment of crimes against humanitycomprising a draft preamble, 15 draft articles and a draft annex, together with commentaries thereto.

The Commission decided, in conformity with article 23 of its statute, to recommend the draft articles on prevention and punishment of crimes against humanity to the General Assembly. In particular, the Commission recommended the elaboration of a convention by the General Assembly or by an international conference of plenipotentiaries on the basis of the draft articles chap. Following the plenary debate, the Commission decided to refer the seven draft principles, as proposed by the Special Rapporteur in her second report, to the Drafting Committee.

As a result of its consideration of the topic at the present session, the Commission adopted, on first reading, 28 draft principles, together with commentaries thereto, on protection of the environment in relation to armed conflicts.

The Commission decided, in accordance with articles 16 to 21 of its statute, to transmit the draft principles, through the Secretary-General, to Governments, international organizations, including from the United Nations and its Environment Programme, and others, including the International Committee of the Red Cross and the Environmental Law Institute, for comments and observations, with the request that such comments and observations be submitted to the Secretary-General by 1 December chap.

Following the plenary debate, the Commission decided to refer the draft conclusion proposed in the fourth report to the Drafting Committee. The Commission subsequently adopted, on first reading, 23 draft conclusions and a draft annex, together with commentaries thereto, on peremptory norms of general international law jus cogens. The Commission decided, in accordance with articles 16 to 21 of its statute, to transmit the draft conclusions, through the Secretary-General, to Governments for comments and observations, with the request that such comments and observations be submitted to the Secretary-General by 1 December chap.

Following the debate in plenary, the Commission decided to refer draft articles 2, paragraph fX, Y, 12, 13, 14 and 15, and the titles of Part Two and Part Three, as contained in the third report of the Special Rapporteur, to the Drafting Committee. Upon its consideration of a first report of the Drafting Committee, the Commission provisionally adopted draft articles 1, 2 and 5, with commentaries thereto.

Furthermore, the Commission took note of the interim report of the Chair of the Drafting Committee on draft articles 7, 8 and 9 provisionally adopted by the Committee, which was presented to the Commission for information only chap.

The report also addressed previous work of the Commission related to general principles of law and provided an overview of the development of general principles of law over time, as well as an initial assessment of certain basic aspects of the topic and future work on the topic.

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Following the debate in plenary, the Commission decided to refer draft conclusions 1 to 3, as contained in the report of the Special Rapporteur, to the Drafting Committee.

The Commission subsequently took note of the interim report of the Chair of the Drafting Committee on draft conclusion 1 provisionally adopted by the Committee, which was presented to the Commission for information only chap. The Commission decided to include the topic in its programme of work and established a Study Group, to be co-chaired, on a rotating basis, by Mr. Bogdan Aurescu, Mr.

The Study Group held one meeting, at which time it agreed on its composition, methods and programme of work, based on the three subtopics identified in the syllabus. The Commission subsequently took note of the joint oral report of the Co-Chairs of the Study Group chaps. X and XIsect. Specific issues on which comments would be of particular interest to the Commission chap.

The Commission welcomed any information that States, international organizations and the International Red Cross and Red Crescent Movement could provide on their practice and other relevant information concerning sea-level rise in relation to international law.

At the seventy-second sessionthe Study Group will focus on the subject of sea-level rise in relation to the law of the sea. In this connection, the Commission appreciated receiving, by 31 Decemberexamples from States of their practice that could be relevant even if indirectly to sea-level rise or other changes in circumstances of a similar nature.

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Such practice could, for example, relate to baselines and where applicable archipelagic baselines, closing lines, low-tide elevations, islands, artificial islands, land reclamation and other coastal fortification measures, limits of maritime zones, delimitation of maritime boundaries, and any other issues relevant to the subject.

Relevant materials could include:. The Commission further welcomed receiving in due course any information related to statehood and the protection of persons affected by sea-level rise, as outlined in the syllabus of the topic, both of which will be considered by the Study Group during the seventy-third session of the Commission.

An exchange of views followed. XIsect. A, and annex A. The Commission re-established a Planning Group to consider its programme, procedures and working methods, which in turn decided to re-establish the Working Group on the long-term programme of work, chaired by Mr.

Mahmoud D. Hmoud, and the Working Group on methods of work, chaired by Mr. Hussein A. Hassouna chap.See also: Summary Texts and Instruments. Skip to main navigation Skip to content.

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International Law Commission. Last update: April 16, First report of the Special RapporteurMr.

report of the international law commission

Dire Tladi 68th session of the ILC IX, paras. Consideration of criteria for jus cogens : a norm of general international law, and recognition an acceptance. Proposals for draft conclusions 4 Criteria for jus cogens5 Jus cogens norms as norms of general international law6 Acceptance and recognition as a criterion for the identification of jus cogens7 International community of States as a whole8 Acceptance and recognitionand 9 Evidence of acceptance and recognition.

Second report of the Special RapporteurMr. Dire Tladi 69th session of the ILC VIII, paras. Consideration of the consequences of peremptory norms of general international law jus cogens. Third report of the Special RapporteurMr. Dire Tladi 70th session of the ILC Consideration of the question of the existence of regional jus cogens.

Discussion of the inclusion of an illustrative list, including of norms previously recognized by the Commission as possessing peremptory character.

Proposal for draft conclusion 24 Non-exhaustive list of peremptory norms of general international law jus cogens. Fourth report of the Special RapporteurMr.

Dire Tladi 71st session of the ILC The Commission considered the first report at its th to th, and nd and rd meetings, from 4 to 8, and 18 and 19 July Discussion in Plenary : thththth 4 to 8 Julyndrd 18 and 19 July and nd 9 August meetings. The Commission considered the second report at its th to th, and nd to th meetings, from 3 to 5, and 11 to 13 July The report was presented for information only.

Discussion in Plenary : thththndrdth 3 to 13 Julyand nd 26 July meetings.

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The Commission considered the third report at its th to stand th meetings, on 30 May and 1 Juneand from 2 to 4 and on 9 July At the end of each session, the Commission adopts a report to the General Assembly, covering the work of the session, on the basis of a draft prepared by the General Rapporteur with the assistance of the Special Rapporteurs concerned and the Secretariat. The report includes information concerning the organization of the session, the progress of work and the future work of the Commission on the topics given substantive consideration during the session, the texts of draft articles and commentaries adopted by the Commission during the session, any procedural recommendations of the Commission calling for a decision on the part of the General Assembly as well as other decisions and conclusions of the Commission.

The structure of the report has changed from time to time. The Commission has made changes with respect to the preparation and content of its report to facilitate a more structured and focused debate in the Sixth Committee. Inthe Commission adopted guidelines on the preparation and content of its report which provide, inter alia, as follows: a efforts should continue to avoid excessively long reports; b the report should include a chapter providing, in a summary form, a general view of the work of the session to which the report refers, including a list of questions on which the Commission would find the views of the Sixth Committee particularly helpful; c parts of the report indicating previous work on each topic should continue to be as brief as possible; d the summary of debates should be more compact, giving emphasis to trends of opinions rather than to individual views unless such an individual view was a reservation to a decision taken by the Commission; and e the presentation of fragmentary results that can not be properly assessed by the Sixth Committee without additional elements should be a summary, with the indication that the matter will be more fully presented in a future report.

The Commission has requested the Secretariat to circulate the chapters of the report containing a summary of the Commission's work and the specific issues on which views from Governments would be particularly useful Chapters II and III as well as the text of draft articles adopted at each session shortly after the end of the session before the report is issued.

At present, it is divided into the following main chapters: the first chapter deals with organizational issues; the second chapter summarizes the work of the session; the third chapter identifies specific issues on which comments of Governments would be of particular interest to the Commission; subsequent chapters are devoted to each of the different topics considered at the session; and the last chapter contains other decisions and conclusions of the Commission.

The Commission may also decide to include other relevant documents, such as reports of working groups, in an annex to its report. II Part Twopara.

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Inthe Commission recommended that the issues on which comment is specifically sought from the Sixth Committee should be identified, if possible, before the adoption of draft articles on the point and these issues should be of a more general, "strategic" character rather than issues of drafting technique.

See Yearbook of the International Law Commission,vol.

Report of the International Law Commission

II Part Twoparas. Inthe Commission further noted that Special Rapporteurs may wish to provide sufficient background and substantive elaboration to better assist Governments in developing their responses. The report is subsequently published in the Yearbook of the International Law Commission volume II, except for the Yearbook which consists of only one volume together with a check-list of the documents issued during the session.

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