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Last update: August 7, 2017

Analytical Guide to the Work of the International Law Commission

Expulsion of aliens

See also: Summary | Texts and Instruments

Mandate

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

  • 58th session of the International Law Commission (2006)
    • Memorandum prepared by the Secretariat

Reports of the Working Group or Sub-Committee

None

Reports of the Special Rapporteur

  • Setting out an overall view of the subject, while highlighting the legal problems which it raised and the methodological difficulties related to its consideration.
    • Report of the Special Rapporteur, Maurice Kamto (57th session of the ILC (2005))
  • Review of the history of the topic, as well as of the consideration of the preliminary report Consideration of recent developments relating to the topic. Discussion of questions of scope and definitions
    • Second Report of the Special Rapporteur, Maurice Kamto (59th session of the ILC (2007))
  • Consideration of general principles, the right of expulsion, the requirement of exercise subject to respect for the fundamental rules of international law, as well as the limits relating to the person to be expelled (principle of non-expulsion of nationals, principle of non-expulsion of refugees, principle of non-expulsion of stateless persons, and principle of prohibition of collective expulsion)
    • Third Report of the Special Rapporteur, Maurice Kamto (59th session of the ILC (2007))
  • Expulsion in cases of dual or multiple nationality (are dual or multiple nationals aliens? and is the expelling State the State of dominant or effective nationality of the person being expelled?) and loss of nationality, denationalization and expulsion (Loss of nationality and denationalization, and expulsion in cases of loss of nationality or denationalization)
    • Fourth Report of the Special Rapporteur, Maurice Kamto (60th session of the ILC (2008))
  • Continuation of consideration of the exercise of the right subject to the rules of international law: the limits relating to the requirement of respect for fundamental human rights (preliminary considerations; general obligation to respect human rights; Specially protected rights of persons being expelled).
    • Fifth Report of the Special Rapporteur, Maurice Kamto (61st session of the ILC (2009))
  • Continuation of consideration of prohibited expulsion practices, particularly disguised expulsion and extradition disguised as expulsion. Consideration of the conditions in which the person being expelled is detained, as well as expulsion proceedings.
    • Sixth Report of the Special Rapporteur, Maurice Kamto (62nd session of the ILC (2010))
  • Recent developments on the issue, including national developments and the Judgment of the International Court of Justice of 30 November 2010 in the Ahmadou Sadio Diallo case.
    • Seventh Report of the Special Rapporteur, Maurice Kamto (63rd session of the ILC (2011))
  • Discussion of comments made by States and the European Union, followed by final observations by the Special Rapporteur.
    • Eighth Report of the Special Rapporteur, Maurice Kamto (64th session of the ILC (2012))
  • Analysis of comments, observations and suggestions made by Governments on the draft articles, as adopted on first reading.
    • Ninth Report of the Special Rapporteur, Maurice Kamto (66th session of the ILC (2014))

Reports of the Drafting Committee

 
 
 
 
  • 64th session of the International Law Commission (2012)
    • Text and titles of draft articles 1 to 32 provisionally adopted on first reading by the Drafting Committee at the sixty-fourth session of the International Law Commission
    • Statement of the Chairman of the Drafting Committee
  • 66th session of the International Law Commission (2014)
    • Texts and titles of the draft articles adopted by the Drafting Committee on second reading
    • Statement of the Chairman of the Drafting Committee

Comments by Governments

  • 61st session of the International Law Commission (2009)
    • Comments and information received from Governments
  • 62nd session of the International Law Commission (2010)
    • Comments and information received from Governments
  • 66th session of the International Law Commission (2014)
    • Comments and observations received from Governments

Other

  • 61st session of the International Law Commission (2009)
    • Draft articles on protection of the human rights of persons who have been or are being expelled, as restructured by the Special Rapporteur, Mr. Maurice Kamto, in the light of the plenary debate during the first part of the sixty-first session
  • 61st session of the International Law Commission (2009)
    • New draft workplan presented by the Special Rapporteur, Mr. Maurice Kamto, with a view to structuring the draft articles

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its fifty-sixth session, 3 May to 4 June and 5 July to 6 August 2004
    • Decided to include the topic in its current programme of work and appointed Maurice Kamto as Special Rapporteur.
    • Discussion in Plenary: 2830th meeting (6 August 2004)
  • Report of the International Law Commission on the work of its fifty-seventh session, 2 May to 3 June and 11 July to 5 August 2005
    • The Commission had before it the preliminary report of the Special Rapporteur providing an overall view of the topic. It held a discussion on the report.
    • Discussion in plenary: 2849th, 2850th, 2851st and 2852nd meetings (11 to 15 July 2005)
  • ILC Report, A/60/10, 2005, chap. VIII, paras.242–274
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/560)
  • Report of the International Law Commission on the work of its fifty-eighth session, 1 May to 9 June and 3 July to 11 August 2006
    • The Commission had before it the second report of the Special Rapporteur for the topic, Mr. Maurice Kamto and a memorandum prepared by the Secretariat. The Commission decided to consider the report at its next session in 2007.
  • ILC Report, A/61/10, 2006, chap. XIII.A, para. 252
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/577, Add.1 and Add.2)
  • Report of the International Law Commission on the work of its fifty-ninth session, 7 May to 5 June and 9 July to 10 August 2007
    • The Commission had before it the second and third reports of the Special Rapporteur. At its 2926th meeting, held on 29 May 2007, the Commission decided to refer to the Drafting Committee draft articles 1 and 2, as revised by the Special Rapporteur at that meeting.392 At its 2944th meeting, held on 27 July 2007, the Commission decided to refer to the Drafting Committee draft articles 3 to 7.
    • Discussion in plenary: 2923rd, 2924th, 2925th, 2926th meetings, from 23 to 29 May 2007, and 2941st, 2942nd, 2943rd, and 2944th meetings, from 24 to 27 July 2007.
  • ILC Report, A/62/10, 2007, chap. VI, paras. 184–265
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588)
  • Report of the International Law Commission on the work of its sixtieth session, 5 May to 6 June and 7 July to 8 August 2008
    • The Commission had before it the fourth report of the Special Rapporteur (A/CN.4/594). At its 2973rd meeting, the Commission decided to establish a working group under the chairmanship of Mr. Donald M. McRae: in order to consider the issues raised by the expulsion of persons having dual or multiple nationality and by denationalization in relation to expulsion. The Chairman of the Working Group presented the Group’s conclusions to the Commission at the latter’s 2984th meeting.
    • At its 2989th meeting, on 4 August 2008, the Commission received an oral progress report by the Chairman of the Drafting Committee on the draft articles referred to the Drafting Committee at the previous session.
    • Discussion in plenary: 2969th, 2972nd and 2973rd meetings, on 30 May and 5 and 6 June 2008, 2984th meeting, on 24 July 2008, and 2989th meeting, on 4 August 2008.
  • ILC Report, A/63/10, 2008, chap. VIII, paras. 166–213
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/606 and Add.1)
  • Report of the International Law Commission on the work of its sixty-first session, 4 May to 5 June and 6 July to 7 August 2009
    • The Commission had before it the fifth report of the Special Rapporteur (A/CN.4/611 and Corr.1), as well as the comments and information received from Governments up to that point (A/CN.4/604).
    • At its 3006th meeting, the Special Rapporteur undertook to present to the Commission a revised and restructured version of draft articles 8 to 14, taking into account the plenary debate. The Special Rapporteur then submitted to the Commission a document containing a set of draft articles on protection of the human rights of persons who have been or are being expelled, revised and restructured in the light of the plenary debate (A/CN.4/617). He also submitted a new draft workplan with a view to restructuring the draft articles (A/CN.4/618). At its 3028th meeting, on 28 July 2009, the Commission decided to postpone its consideration of the revised draft articles to its sixty-second session.
    • Discussion in Plenary: 3002nd, 3003rd, 3004th, 3005th, 3006th meetings, on 8, 12, 13, 14 and 15 May 2009, and 3028th meeting, on 28 July 2009.
  • ILC Report, A/64/10, 2009, chap. VI, paras. 85–146
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/620 and Add.1)
  • Report of the International Law Commission on the work of its sixty-second session, 3 May to 4 June and 5 July to 6 August 2010
    • The Commission had before it the draft articles on protection of the human rights of persons who have been or are being expelled, as revised and restructured by the Special Rapporteur (A/CN.4/617); the new draft workplan presented by the Special Rapporteur with a view to structuring the draft articles (A/CN.4/618); and the sixth report presented by the Special Rapporteur (A/CN.4/625 and Add.1). It considered them at its 3036th meeting, on 3 May 2010, its 3038th to 3041st meetings, on 5, 6, 7 and 10 May 2010, its 3044th meeting, on 14 May 2010, and its 3062nd to 3066th meetings, on 9, 13, 14, 15 and 16 July 2010. The Commission likewise had before it comments and information received from Governments.
    • At its 3040th meeting, on 7 May 2010, the Commission decided to refer to the Drafting Committee draft articles 8 to 15 on protection of the human rights of persons who have been or are being expelled, originally contained in the fifth report (A/CN.4/611), as revised and restructured by the Special Rapporteur in document A/CN.4/617.
    • At its 3066th meeting, on 16 July 2010, the Commission decided to refer to the Drafting Committee draft articles A and 9, as contained in the sixth report of the Special Rapporteur (A/CN.4/625), and draft articles B1 and C1, as contained in the addendum to the sixth report (A/CN.4/625/Add.1), as well as draft articles B1242 and A1,1243 as revised by the Special Rapporteur during the session.
    • Discussion in Plenary: 3036th, 3038th, 3039th, 3040th, 3041st and 3044th meetings (3, 5, 6, 7, 10 and 14 May 2010), 3062nd, 3063rd, 3064th, 3065th, and 3066th, on 9, 13, 14, 15 and 16 July 2010.
  • ILC Report, A/65/10, 2010, chap. V, paras. 107–183
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/638)
  • Report of the International Law Commission on the work of its sixty-third session, 26 April to 3 June and 4 July to 12 August 2011
    • The Commission had before it the second addendum to the sixth report of the Special Rapporteur (A/CN.4/625/Add.2), which it considered at its 3091st to 3094th meetings, from 24 to 27 May 2011; and the Special Rapporteur’s seventh report (A/CN.4/642), which it considered at its 3098th meeting, on 4 July 2011. The Commission also had before it comments received from Governments.
    • At its 3094th meeting, on 27 May 2011, the Commission decided to refer to the Drafting Committee draft articles D1, E1, G1, H1, I1 and J1, as contained in the second addendum to the sixth report; draft article F1, also contained in the second addendum, as revised by the Special Rapporteur during the session, and draft article 8, in the revised version introduced by the Special Rapporteur during the sixty-second session.
    • At its 3098th meeting, on 4 July 2011, the Commission decided to refer to the Drafting Committee the restructured summary of the draft articles contained in the seventh report of the Special Rapporteur.
    • At its 3126th meeting, on 11 August 2011, the Commission took note of an interim report by the Chairman of the Drafting Committee informing the Commission of the progress of work on the set of draft articles on the expulsion of aliens, which were being finalized with a view to being submitted to the Commission at its sixty-fourth session for adoption on first reading.
    • Discussion in Plenary: 3091st, 3092nd, 3093rd, 3094th meetings (24 to 27 May 2011), 3098th meeting (4 July 2011), and 3126th meeting (11 August 2011)
  • ILC Report, A/66/10, 2011, chap. VIII, paras. 204–263
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/650 and Add.1)
  • Report of the International Law Commission on the work of its sixty-fourth session, 7 May to 1 June and 2 July to 3 August 2012
    • At the present session, the Commission had before it the eighth report of the Special Rapporteur (A/CN.4/651), which it considered at its 3129th meeting, on 8 May 2012. The eighth report first provided a survey of the comments made by States and the European Union on the topic of expulsion of aliens during the debate on the report of the Commission in the Sixth Committee at the sixty-sixth session of the General Assembly; it then set out some final observations by the Special Rapporteur. In introducing his report, the Special Rapporteur said that, as he saw it, most of those comments were the result of the time lag between the progress the Commission had made in considering the topic and the submittal of information on that progress to the Sixth Committee during its consideration of the Commission’s previous annual reports. The Special Rapporteur had attempted, then, to dispel the misunderstandings created by that time lag while taking into account, where necessary, certain suggestions or proposing certain adjustments to the wording of the draft articles. Since the draft articles had already been referred to the Drafting Committee by the Commission, it was in that context that those suggestions, largely of a drafting nature in any case, would be considered, as appropriate. The eighth report also raised the question of the final form that the Commission’s work on the topic would take, a question that had arisen during the debates in both the Commission and the Sixth Committee. In that regard, the Special Rapporteur remained convinced that there were few topics that lent themselves as well to codification as did expulsion of aliens. He hoped, therefore, that, when the time came, the Commission would transmit the results of its work on the topic of expulsion of aliens to the General Assembly in the form of draft articles, entrusting the Assembly with deciding what final form they should ultimately take.
    • At its 3134th and 3135th meetings, on 29 May 2012, the Commission considered the report of the Drafting Committee and, at its 3135th meeting, adopted on first reading a set of 32 draft articles on the expulsion of aliens.
    • At its 3152nd to 3155th meetings, on 30 and 31 July 2012, the Commission adopted the commentaries to the draft articles on the expulsion of aliens adopted on first reading.
    • At its 3155th meeting, on 31 July 2012, the Commission decided, in accordance with articles 16 to 21 of its Statute, to transmit the draft articles, through the Secretary-General, to Governments and international organizations for comments and observations, with the request that such comments and observations be submitted to the Secretary-General by 1 January 2014.
    • Discussion in Plenary: 3129th meeting (8 May 2012), 3134th and 3135th meetings (29 May 2012), 3152nd, 3153rd, 3154th, 3155th meetings (30 and 31 July 2012)
  • ILC Report, A/67/10, 2012, chap. IV, paras. 30–46
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/657)
  • Report of the International Law Commission on the work of its sixty-sixth session 5 May–6 June and 7 July–8 August 2014
    • The Commission had before it the ninth report of the Special Rapporteur (A/CN.4/670), containing his proposals for reformulating the draft articles adopted on first reading in the light of the comments and observations of Governments (A/CN.4/669 and Add.1). At its 3199th meeting, on 6 May 2014, and at its 3201st to 3204th meetings, from 8 to 14 May 2014, the Commission considered the ninth report of the Special Rapporteur and instructed the Drafting Committee to commence the second reading of the entire set of draft articles on the basis of the proposals of the Special Rapporteur, taking into account the comments and observations of Governments and the debate in the plenary on the Special Rapporteur’s report.
    • The Commission considered the report of the Drafting Committee (A/CN.4/L.832) at its 3217th meeting, on 6 June 2014, and adopted the entire set of draft articles on the expulsion of aliens on second reading.
    • At its 3238th meeting, on 5 August 2014, the Commission adopted the commentaries to the draft articles.
    • At its 3238th meeting, on 5 August 2014, the Commission decided, in accordance with article 23 of its Statute, to recommend to the General Assembly: (a) To take note of the draft articles on the expulsion of aliens in a resolution, to annex the articles to the resolution, and to encourage their widest possible dissemination; (b) To consider, at a later stage, the elaboration of a convention on the basis of the draft articles.
    • Discussion in Plenary: 3199th, 3201st, 3202nd, 3203rd, 3204th, meetings (8 to 14 May 2014), 3217th meeting (6 June 2014), and 3235th, 3236th, 3237th, and 3238th meetings (4 and 5 August 2014).
  • ILC Report, A/69/10, 2014, chap. IV, paras 35–45

General Assembly Action

  • Resolution 59/41 of 2 December 2004
    • Endorsed the Commission's decision to include the topic in its programme of work.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/549 and Add.1)
  • Resolution 60/22 of 23 November 2005
    • Invited Governments to provide information to the International Law Commission on the topic.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/560)
  • Resolution 62/66 of 6 December 2007
    • Invited Governments to provide information to the International Law Commission on the topic.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588)
  • Resolution 64/114 of 16 December 2009
    • Drew the attention of Governments to the importance for the International Law Commission of having their views regarding practice with regard to the topic.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/620 and Add.1)
  • Resolution 67/92 of 14 December 2012
    • Expresses its appreciation to the International Law Commission for the completion of the first reading of the draft articles on the expulsion of aliens.
    • Drew the attention of Governments to the importance for the International Law Commission of having their comments and observations by 1 January 2014 on the draft articles and commentaries on the topic.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/657)
  • Resolution 68/112 of 16 December 2013
    • Drew the attention of Governments to the importance for the International Law Commission of having their comments and observations by 1 January 2014 on the draft articles and commentaries on the topic.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/666)

Final Outcome

International Law Commission (66th session, 2014)

  • The Commission adopted the draft articles on the expulsion of aliens, on second reading, with commentaries.
  • The Commission decided, in accordance with article 23 of its Statute, to recommend to the General Assembly: (a) to take note of the draft articles on the expulsion of aliens in a resolution, to annex the articles to the resolution, and to encourage their widest possible dissemination; (b) to consider, at a later stage, the elaboration of a convention on the basis of the draft articles.