International Law Commission International Law Commission

Last update: December 4, 2017

Analytical Guide to the Work of the International Law Commission

Diplomatic intercourse and immunities

See also: Summary | Texts and Instruments

Mandate

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

  • 5th session of the International Law Commission (1953)
    • Note by the Secretariat
  • A/CN.4/73
  • 8th session of the International Law Commission (1956)
    • Memorandum prepared by the Secretariat

Reports of the Working Group or Sub-Committee

None

Reports of the Special Rapporteur

  • Proposed draft articles with commentaries, divided into three chapters: diplomatic relations in general; diplomatic privileges and immunities; and the activities of the diplomatic agent.
    • Report of the Special Rapporteur, Mr. A.E.F. Sandström, (7th session of the ILC (1955))
  • Further articles concerning diplomatic intercourse and immunities, proposed by the Special Rapporteur
    • Articles proposed by A.E.F. Sandström, Special Rapporteur (10th session of the ILC (1958))

Reports of the Drafting Committee

None

Comments by Governments

  • 10th session of the International Law Commission (1958)
    • Comments by Governments on the draft articles concerning diplomatic intercourse and immunities adopted by the International Law Commission at its ninth session in 1957

Other

None

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its fifth session, 1 June to 14 August 1953
    • The Commission considered the General Assembly's request to undertake the codification of the topic "Diplomatic intercourse and immunities", but decided to postpone a decision on the matter until its next session.
  • Report of the International Law Commission on the work of its sixth session, 3 June to 28 July 1954
    • The Commission appointed Mr. A.E.F. Sandström as Special Rapporteur for the topic.
    • Discussion in Plenary: 279th meeting (27 July 1954)
  • Report of the International Law Commission on the work of its seventh session, 2 May to 8 July 1955
    • Consideration of the item was postponed until the next session.
  • Report of the International Law Commission on the work of its eighth session, 23 April to 4 July 1956
    • Consideration of the item was postponed until the next session.
  • Report of the International Law Commission on the work of its tenth session, 28 April to 4 July 1958
    • The Commission examined the text of the provisional draft in the light of the observations of Governments and of the conclusions drawn from them by the Special Rapporteur. As a result, the Commission made a number of changes in the provisional draft, adopting a final text with commentaries. It decided to recommend to the General Assembly that the draft articles on diplomatic intercourse and immunities should be recommended to Member States with a view to the conclusion of a convention.
    • Discussion in Plenary: 448th and 449th meetings (22 and 23 May 1958), 451st, 452nd, 453rd, 454th, 455th, 456th, 457th, 458th, 459th, 460th, 461st, 462nd, 463rd, 464th, 465th, 466th, 467th and 468th meetings (28 May to 20 June 1958), and 474th, 475th, 476th, 477th and 478th meetings (30 June to 4 July 1958)

General Assembly Action

None

Final Outcome

International Law Commission (10th session, 1958)

  • Recommended that the draft articles be recommended to Member States with a view to the conclusion of a convention.

General Assembly

  • Resolution 1288 (XIII) of 5 December 1958
    • Invited Member States to submit their comments on the draft articles concerning diplomatic intercourse and immunities.
  • Resolution 1450 (XIV) of 7 December 1959
    • Decided to convoke an international conference of plenipotentiaries to consider the question of diplomatic intercourse and immunities and to embody the results of its work in an international convention, together with such ancillary instruments as may be necessary.1
 

1 The United Nations Conference on Diplomatic Intercourse and Immunities met in Vienna from 2 March to 14 April 1961. It adopted the Vienna Convention on Diplomatic Relations as well as Optional Protocols on the acquisition of Nationality and on the Compulsory Settlement of Disputes.