International Law Commission International Law Commission

Last update: July 15, 2015

Analytical Guide to the Work of the International Law Commission

Right of asylum

See also: Summary | Texts and Instruments

Mandate

Studies undertaken by the Secretariat and Reports of the Secretary-General

  • 1st session of the International Law Commission (1949)
    • Memorandum submitted by the Secretary-General
  • 8th session of the International Law Commission (1956)
    • Memorandum prepared by the Secretariat on the topic "Diplomatic intercourse and immunities"
  • 12th session of the International Law Commission (1960)
    • Note by the Secretariat
  • 19th session of the International Law Commission (1967)
    • Working Paper prepared by the Secretariat
  • 20th session of the International Law Commission (1968)
    • Working Paper prepared by the Secretariat
  • 22nd session of the International Law Commission (1970)
    • Working Paper prepared by the Secretariat
  • 23rd session of the International Law Commission (1971)
    • Working Paper prepared by the Secretariat ("Survey of international law")

Reports of the Working Group or Sub-Committee

None

Reports of the Special Rapporteur

None

Reports of the Drafting Committee

None

Comments by Governments

  • 24th session of the International Law Commission (1972)
    • Observations of Member States on the question of the protection and inviolability of diplomatic agents and other persons entitled to special protection under international law, transmitted to the International Law Commission in accordance with section HI of General Assembly resolution 2788 (XXVI) (see comments of Brazil, Canada, Cuba, Czechoslovakia, Norway and Sweden

Other

  • 9th session of the International Law Commission (1957)
    • Discussion on the right of asylum in the context of the consideration of the topic "diplomatic intercourse and immunities": 383rd (24 April 1957), 394th, 395th (9–10 May 1957), 411th (5 June 1957), 423rd (21 June 1957) and 429th (27 June 1957) meetings
  • 13th session of the International Law Commission (1961)
    • Discussion on the right of asylum in the context of the consideration of the topic "consular intercourse and immunities": 595th (24 May 1961), 597th (26 May 1961), 604th (6 June 1961), 606th (8 June 1961), 614th (20 June 1961) and 622nd (30 June 1961) meetings
  • 20th session of the International Law Commission (1968)
    • Discussion on the right of asylum in the context of the Review of the Commission's programme and methods of work: 979th (22 July 1968) meeting
  • 21st session of the International Law Commission (1969)
    • Discussion on the right of asylum in the context of the topic "Relations between States and international organizations": 1024th (22 July 1969) meeting
  • 23rd session of the International Law Commission (1971)
    • Discussion on the right of asylum in the context of the topic "Review of the Commission's long-term programme of work": 1141st (21 July 1971) and 1143rd (22 July 1971) meetings
  • 24th session of the International Law Commission (1972)
    • Discussion on the right of asylum in the context of the topic "Question of the protection and inviolability of diplomatic agents and other persons entitled to special protection under international law": 1151st (4 May 1972), 1152nd (5 May 1972), 1153rd (8 May 1972) and 1183rd, 1184th, 1185th, 1186th, 1188th (21–27 June 1972) and 1198th (6 July 1972) meetings
  • 24th session of the International Law Commission (1972)
    • Observations of members of the International Law Commission on the Commission's long-term programme of work: Observations of Mr. Kearney
  • 25th session of the International Law Commission (1973)
    • Discussion on the topic in the context of the item "Co-operation with other bodies" and "Review of the Commission's long-term programme of work": 1228th (15 June 1973), 1233rd, 1234th, 1235th, 1236th meeting and 1237th (25 to 29 June 1973) meetings
  • 39th session of the International Law Commission (1987)
    • Discussion on the topic in the context of the item "Draft Code of Offences against the Peace and Security of Mankind": 1995th (12 May 1987), 1999th (19 May 1987), and 2000th (20 May 1987) meetings
  • 42nd session of the International Law Commission (1990)
    • Discussion on the topic in the context of the item "Relations between States and international organizations" (second part of the topic) (subsequently changed to "Status, privileges and immunities of international organizations, their officials, experts, etc."): 2176th and 2177th (19–20 June 1990) meetings
  • 43rd session of the International Law Commission (1991)
    • Discussion on the topic in the context of the item "Draft Code of Offences against the Peace and Security of Mankind": 2208th (15 May 1991) and 2213rd (23 May 1991) meetings
  • 46th session of the International Law Commission (1994)
    • Discussion on the topic in the context of the item "Draft Code of Offences against the Peace and Security of Mankind": 2360th (29 June 1994)

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its first session, 12 April to 9 June 1949
    • At its first session, in 1949, the Commission reviewed the topic on the basis of the memorandum prepared by the Secretariat. The topic was included in the Commission's provisional list of fourteen topics selected for codification. During the discussion on Rights and Duties of States, a proposal was submitted to include in the draft Declaration an article relating to the right of asylum. It was finally decided not to include such an article. Instead, Mr. Yepes was subsequently invited to prepare a working paper on this topic, for submission to the Commission at its second session.
    • Discussion in plenary: 6th, 7th (20–21 April 1949), 16th, 19th, 20th (5, 12 and 13 May) and 33rd, 34th and 35th (3, 4 and 7 June 1949) meetings
  • Report of the International Law Commission on the work of its second session, 5 June to 19 July 1950
    • At its first session, in 1949, the Commission had invited Mr. M. Yepes to prepare, for its consideration, a working paper on the topic of the right of asylum (33rd meeting on 3 June 1949). At the beginning of the second session, Mr. Yepes stated that, in view of the fact that a case involving the right of asylum was pending before the International Court of Justice, he would postpone the submission of his working paper which had already been prepared. The Commission accordingly decided not to include the topic in the agenda of its second session.
  • Report of the International Law Commission on the work of its twelfth session, 25 April to 1 July 1960
    • The Commission took note of General Assembly resolution 1400 (XIV) and decided to defer further consideration of this question to a future session.
    • Discussion in plenary: 544th meeting (20 May 1960)
  • Report of the International Law Commission on the work of its fourteenth session, 24 April to 29 June 1962
    • Decided to include the topic in its programme, but without setting any date for the start of consideration.
    • Discussion in plenary: 629th, 630th, 631st (25–27 April 1962), 633rd (1 May 1962) and 668th (26 June 1962) meetings
  • Report of the International Law Commission on the work of its nineteenth session, 8 May to 14 July 1967
    • Discussed the possibility of commencing its consideration of the topic in the context of the debate on the topic "Special Missions", as well as that of possible "additional topics". A majority of members doubted whether the time had come to proceed actively with the topic.
    • Discussion in plenary: 914th (5 June 1967), 929th (27 June 1967), 937th, 938th and 939th meetings (11 to 13 July 1967)
  • Report of the International Law Commission on the work of its twenty-fourth session, 2 May to 7 July 1972
    • Discussion on the right of asylum in the context of the topic "Question of the protection and inviolability of diplomatic agents and other persons entitled to special protection under international law".
    • Discussion in plenary: 1151st (4 May 1972), 1152nd (5 May 1972), 1153rd (8 May 1972) and 1183rd, 1184th, 1185th, 1186th, 1188th (21–27 June 1972) and 1198th (6 July 1972) meetings
  • Report of the International Law Commission on the work of its twenty-ninth session, 3 May to 29 July 1977
    • Concluded that the topic did not appear at that time to require active consideration by the Commission in the near future in light of the holding in early 1977 of the first session of the United Nations Conference on Territorial Asylum, convened by the Secretary-General in consultation with the United Nations High Commissioner for Refugees, pursuant to General Assembly resolution 3456 (XXX) of 9 December 1975.

General Assembly Action

  • Resolution 2312 (XXII) of 14 December 1967
    • Adopted the Declaration on Territorial Asylum in consideration of the work to be undertaken by the Commission in accordance with resolution 1400 (XIV).
 
  • Resolution 3456 (XXX) of 9 December 1975
    • The first session of the United Nations Conference on Territorial Asylum, convened by the Secretary-General in consultation with the United Nations High Commissioner for Refugees, to be held from 10 January to 4 February 1977
 
  • Resolution 3497 (XXX) of 15 December 1975
    • Decided to give further consideration to the question of diplomatic asylum at a future session
 

Final Outcome

None