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Last update: January 12, 2016

Analytical Guide to the Work of the International Law Commission

State responsibility

See also: Summary | Texts and Instruments

Mandate

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

  • 16th session of the International Law Commission (1964)
    • Summary of the discussions in various United Nations organs and the resulting decisions: working paper prepared by the Secretariat
  • Digest of the decisions of international tribunals relating to State responsibility, prepared by the Secretariat
  • 21st session of the International Law Commission (1969)
    • Supplement, prepared by the Secretariat, to the "Digest of the decisions of international tribunals relating to State responsibility"
  • Proposals submitted to, and decisions of, various United Nations organs relating to the question of State Responsibility: supplement prepared by the Secretariat to document A/CN.4/165
  • 30th session of the International Law Commission (1978)
    • "Force majeure" and "fortuitous event" as circumstances precluding wrongfulness: survey of State practice, international judicial decisions and doctrine — Study prepared by the Secretariat
  • 32nd session of the International Law Commission (1980)
    • State responsibility for internationally wrongful acts (part 1). Principal works cited in the reports of Mr. Ago. Document prepared by the Secretariat

Reports of the Working Group or Sub-Committee

  • 15th session of the International Law Commission, (1963)
    • Report by Mr. Roberto Ago, Chairman of the Sub-Committee on State Responsibility
  • A/CN.4/152 (in ILC Report, A/5509 (A/18/9), 1963, annex I)
  • ILC Report, A/5509 (A/18/9), 1963, chap. IV, paras. 51–55
  • 49th session of the International Law Commission (1997)
    • Report of the Working Group

Reports of the Special Rapporteur

  • Discussion on the topic of international responsibility including consideration of, the traditional view and the development of international law; past efforts to codify the topic; legal content and function of international responsibility; the active subjects of responsibility and the problem of imputability; the passive subjects of responsibility and the capacity to bring an international claim; diplomatic protection and the international recognition of the essential rights of man; exoneration from responsibility and attenuating and aggravating circumstances; character, function and measure of reparation; international claims and modes of settlement; as well bases of discussion. The report included a review of codification attempts under the League of Nations, by the inter-American bodies, as well as private bodies.
    • Report of the Special Rapporteur, Mr. F.V. García-Amador (8th session of the ILC (1956))
  • Consideration of the question of the responsibility of the State for injuries caused in its territory to the person or property of aliens, focusing on Part I (acts and omissions). Report dealt with the following topics under this rubric: the nature and scope of responsibility; acts and omissions of organs and officials of the State; violation of fundamental human rights; non-performance of contractual obligations and acts of expropriation; as well as acts of individuals and internal disturbances.
    • Second report of the Special Rapporteur, Mr. F.V. García-Amador (9th session of the ILC (1957))
  • Discussion of the proposed Part II dealing with the international claim. The report considered the following questions in this context: acts and omissions which give rise to responsibility; the exoneration from responsibility; extenuating and aggravating circumstances; the exhaustion of local remedies; submission of the international claim; and the character and measure of reparation. A draft on international responsibility of the state for injuries caused in its territory to the person or property of aliens, was annexed to the report.
    • Third report of the Special Rapporteur, Mr. F.V. García-Amador (10th session of the ILC (1958))
  • Further report considering the question of measures affecting acquired rights. The following issues were referred to: the international protection of acquired rights, expropriation in general, and contractual rights.
    • Fourth report of the Special Rapporteur, Mr. F.V. García-Amador (11th session of the ILC (1959))
  • Continued consideration of the question of measures affecting acquired rights, as well as a discussion of the constituent elements of international responsibility. The following issues were considered in the context of measures affecting acquired rights: extraterritorial effects of measures affecting acquired rights; and systems for settlement of disputes. The following topics were considered under the rubric of constituent elements of international responsibility: how international responsibility arises; and the basis of international responsibility. Finally, the report considered further amendments and additions to the draft articles.
    • Fifth report of the Special Rapporteur, Mr. F.V. García-Amador (12th session of the ILC (1960))
  • Focused on the question of the reparation of the injury, and considered the following issues: the duty to make reparation; the injury and the forms and functions of reparation in general; and the reparation of injury caused to the alien.
    • Sixth report of the Special Rapporteur, Mr. F.V. García-Amador (13th session of the ILC (1961))
  • Review of previous work on codification of the topic of the international responsibility of States.
    • First report of the Special Rapporteur, Mr. Roberto Ago (21st session of the ILC (1969))
  • The origin of international responsibility: general fundamental rules governing the topic as a whole, including: the internationally wrongful act as a source of responsibility; conditions for the existence of an internationally wrongful act; and the capacity to commit internationally wrongful acts.
    • Second report of the Special Rapporteur, Mr. Roberto Ago (22nd session of the ILC (1970))
  • The internationally wrongful act of the State, source of international responsibility: an introduction; chapter 1, general principles, including draft articles 1–4 on general principles; and a part of chapter 2, the "act of the State" according to international law, followed by draft articles 5–9.
    • Third report of the Special Rapporteur, Mr. Roberto Ago (23rd session of the ILC (1971))
  • The internationally wrongful act of the State, source of international responsibility. Remaining sections of chapter 2 — the "Act of State" according to international law (arts. 10–13).
    • Fourth report of the Special Rapporteur, Mr. Roberto Ago (24th session of the ILC (1972))
  • Chapter III (Breach of an international obligation), including proposed articles on the source of the international obligation breached, the force of an international obligation, and the content of the international obligation breached.
    • Fifth report of the Special Rapporteur, Mr. Roberto Ago (28th session of the ILC (1976))
  • Proposed draft articles on: breach of an international obligation calling for the State to adopt a specific course of conduct; breach requiring the State to achieve a particular result; and exhaustion of local remedies (Sections 5 to 7 of Chapter III).
    • Sixth report of the Special Rapporteur, Mr. Roberto Ago (29th session of the ILC (1977))
  • The internationally wrongful act of the State, source of international responsibility: breach of an international obligation to prevent a given act (art. 23), time of the breach of an international obligation (art. 24), participation by a State in the internationally wrongful act of another State (art. 25).
    • Seventh Report of the Special Rapporteur, Mr. Roberto Ago (30th session of the ILC (1978))
  • Chapter IV — implication of a State in the internationally wrongful act of another State: indirect responsibility of a State for the internationally wrongful act of another State (article 28). Chapter V — circumstances precluding wrongfulness: consent of the injured State (article 29), legitimate application of a sanction (article 30), Force majeure and fortuitous event (articles 31 and 32).
    • Eighth Report of the Special Rapporteur, Mr. Roberto Ago (31st session of the ILC (1979))
  • The internationally wrongful act of the State, source of international responsibility (concluded). Circumstances precluding wrongfulness: State of necessity and self-defense.
    • Eighth Report (Addendum) of the Special Rapporteur, Mr. Roberto Ago (32nd session of the ILC (1980))
  • Preliminary report on the content, forms and degrees of international responsibility (Part 2 of the draft articles on State responsibility). General analysis of the various forms of new legal relationships that may be established under international law by an internationally wrongful act of a State.
    • Preliminary Report of the Special Rapporteur, Mr. Willem Riphagen (32nd session of the ILC (1980))
  • Second report on the content, forms and degrees of international responsibility (Part 2 of the draft articles on State responsibility).The report dealt primarily with new obligations of the State which is held to have committed an internationally wrongful act entailing its international responsibility. Proposed draft articles 1 to 3 of chapter I (general principles), as well as articles 4 and 5 — Chapter II (obligations of the State which has committed an internationally wrongful act).
    • Second Report of the Special Rapporteur, Mr. Willem Riphagen (33rd session of ILC (1981))
  • Third report on the content, forms and degrees of international responsibility (Part 2 of the draft articles on State responsibility). The report contained a revised version of the draft articles of the previous report. The notion of the injured State was analyzed, as well as the link between a breach of an international obligation and the legal consequences thereof.
    • Third Report of the Special Rapporteur, Mr. Willem Riphagen (34th session of ILC (1982))
  • After a brief review of the status of the work on the topic, the fourth report concentrated on an "outline" of the possible contents of Part II and Part III of the draft articles.
    • Fourth report of the Special Rapporteur, Mr. Willem Riphagen (35th session of the ILC (1983))
  • Consisted mainly of 12 new draft articles (arts.5–16) to follow the four articles provisionally adopted by the Commission at its thirty-fifth session. By way of provisional commentaries, reference was made to the parts of earlier reports dealing with the various matters addressed in the new draft articles. The new draft articles submitted were meant to replace all earlier draft articles proposed by the Special Rapporteur.
    • Fifth Report of the Special Rapporteur, Mr. Willem Riphagen (36th session of the ILC (1984))
  • Four draft articles with commentaries already provisionally adopted by the Commission, and remaining 12 draft articles with commentaries already submitted — all of which constitute part 2. Proposals on possible content of part 3 on the "implementation" (mise en oeuvre) of international responsibility and the settlement of disputes.
    • Sixth Report of the Special Rapporteur, Mr. Willem Riphagen (37th session of the ILC (1985))
  • Report consisted of two sections: section I contained draft articles and commentaries of part 3 of the draft, and section II concerned first stage of the preparation of the second reading of part I of the draft articles.
    • Seventh Report of the Special Rapporteur, Mr. Willem Riphagen (38th session of the ILC (1986))
  • Suggestions concerning the outline of parts 2 (content, forms and degrees of international responsibility) and 3 (peaceful settlement of disputes arising from an alleged internationally wrongful act) of the draft articles. Cessation of an internationally wrongful act and restitution in kind: proposed draft articles 6 and 7.
    • Preliminary Report of the Special Rapporteur, Mr. Gaetano Arangio-Ruiz (40th session of the ILC (1988))
  • Report divided into six chapters: (I) moral injury to the State and the distribution between satisfaction and compensation; (II) reparation by equivalent; (III) satisfaction (and punitive damages); (IV) guarantees of non-repetition of the wrongful act; and (V) the forms and degree of reparation and the impact of fault; and (VI) draft articles on reparation by equivalent, satisfaction and guarantees of non-repetition.
    • Second Report of the Special Rapporteur, Mr. Gaetano Arangio-Ruiz (41st session of the ILC (1989))
  • Discussed the following topics: kinds of measures to be considered (including, self-defence, sanctions, retortion, reprisals, countermeasures, reciprocal measures, inadimplenti non est adimplendum); an internationally wrongful act as a precondition; functions and purposes of measures; the issue of a prior claim for reparation; the impact of dispute settlement obligations; the problem of proportionality; the regime of suspension and termination of treaties as countermeasures; the issue of so-called self-contained regimes; the problem of differently injured States; and substantive limitations issues.
    • Third Report of the Special Rapporteur, Mr. Gaetano Arangio-Ruiz (43rd session of the ILC (1991))
  • Discussion of the "instrumental" consequences of an internationally wrongful act or "countermeasures" with a view to submitting solutions and draft articles on the various aspects, of their legal regime as identified in the previous (third) report. State practice prior to the First World War, State practice between the wars, principles and rules emerging after the Second World War, State practice since the Second World War, conclusions; proportionality of countermeasures; prohibited countermeasures: countermeasures and the prohibition of the use of force, the problem of economic and political measures as forms of coercion, countermeasures and respect for human rights, the question of the inviolability of diplomats and other specially protected persons, the relevance of jus cogens and erga omnes obligations; the so-called self-contained regimes; the problem of a plurality of equally or unequally injured States: the origin of the concept of non-directly injured States, impropriety of the concept of non-directly injured States, conceivable and possible solutions in the case of a plurality of injured States; Proposed draft articles: countermeasures by an injured State (art.11), conditions of resort to countermeasures (art.12), proportionality (art.13), prohibited countermeasures (art.14) and art.5 bis.
    • Fourth Report of the Special Rapporteur, Mr. Gaetano Arangio-Ruiz (44th session of the ILC (1992))
  • Part Three of the draft articles on State responsibility: dispute settlement procedure, contained 6 proposed draft articles: conciliation (art.1), task of the Conciliation Commission (art.2), arbitration (art.3), terms of reference of the Arbitral Tribunal (art.4), judicial settlement (art.5), excès du pouvoir or violation of fundamental principles of arbitral procedure (art.6), accompanied by an annex: composition of the Conciliation Commission (art.1), task of the Conciliation Commission (art.2), composition of the Arbitral Tribunal (art.3); The consequences of international "crimes" of States (article 19 of Part One of the draft).
    • Fifth Report of the Special Rapporteur, Mr. Gaetano Arangio-Ruiz (45th session of the ILC (1993))
  • Pre-countermeasures dispute settlement provisions so far envisaged for the draft on State responsibility — a reappraisal: the formulation adopted by the 1993 Drafting Committee for article 12 of part two of the draft articles, the crucial issue of the requirement of prior recourse to dispute settlement procedures, other important matters relating to the pre-countermeasures dispute settlement issues to be dealt with in article 12 of part two, proposals of the Special Rapporteur concerning articles 11 and 12 of part two of the draft articles. Main issues to be considered in the forthcoming debate on the consequences of internationally wrongful acts characterized as crimes under article 19 of Part One of the draft articles on State responsibility: Can the crimes be defined? Assuming an agreed definition can be reached, who determines that a "crime" has been committed? What are the possible consequences of a finding of crime?
    • Sixth Report of the Special Rapporteur, Mr. Gaetano Arangio-Ruiz (46th session of the ILC (1994))
  • The legal consequences of internationally wrongful acts characterized as crimes under article 19 of part one of the draft articles and the settlement of disputes relating to the legal consequences of crimes.
    • Seventh Report of the Special Rapporteur, Mr. Gaetano Arangio-Ruiz (47th session of the ILC (1995))
  • Problems relating to the regime of internationally wrongful acts singled out as "crimes" based on article 19 of part one (the fate of art.19 of Part One; the special and additional substantive consequences of crimes; the institutional aspects of the legal regime of "Crimes"; conclusions: art.4 as adopted and draft art.20 as proposed in the Seventh report) as well as some other issues to which the Special Rapporteur deemed it necessary to call the attention of the Commission (the role of fault in general and in connection with satisfaction; the dispute settlement provisions of Part Two and Three of the Project; proportionality).
    • Eighth Report of the Special Rapporteur, Mr. Gaetano Arangio-Ruiz (48th session of the ILC (1996))
  • General issues relating to the draft articles, the distinctions between "crimes" and "delictual responsibility", and articles 1 to 15 of Part One of the draft
    • First report of the Special Rapporteur, Mr. James Crawford (50th session of the ILC (1998))
  • Continuation of the consideration of draft articles in light of comments of Governments and developments in State Practice. Review of the draft articles in Part One, Chapter III (Breach of an International Obligation), Chapter IV (Implication of a State in the internationally wrongful act of another State), Chapter V (Circumstances precluding wrongfulness), the treatment of countermeasures in the Draft articles, together with a brief review of the comparative law experience relating to interference with contractual rights.
    • Second report of the Special Rapporteur, Mr. James Crawford (51st session of the ILC (1999))
  • A/CN.4/498, Add.1, Add.2, Add.3 and Add.4
  • ILC Report, A/54/10, 1999, chap. V, paras. 67–69, 70–77, 81–94, 117–124, 132–144, 187–203, 220–222, 244–247, 253–255, 268–269, 277, 279–288, 289–292, 306–308, 319–321, 332–333, 334–339, 348–351, 363–367, 374–379, 392–394, 402–404, and 426–437
  • Recommended a programme for completion of the second reading of the draft articles on State responsibility. Identified the outstanding issues relating to Part One as well as made proposals for Part Two (legal consequences of an internationally wrongful act of a State) as well as for a new Part Two bis (the implementation of State responsibility) and Part Four (general provisions), of the draft articles.
    • Third report of the Special Rapporteur, Mr. James Crawford (52nd session of the ILC (2000))
  • Consideration of remaining general issues; the invocation of responsibility: "damage", "injury" and the "injured State"; "serious breaches of obligations to the international community as a whole"; Part Two, Chapter III; and Countermeasures: Part Two bis, Chapter II
    • Fourth report of the Special Rapporteur, Mr. James Crawford (53nd session of the ILC (2001))

Reports of the Drafting Committee

  • 25th session of the International Law Commission (1973)
    • Titles of the draft and of chapters I and II, titles and texts of articles 1–6 adopted by the Drafting Committee
  • 26th session of the International Law Commission (1974)
    • Texts adopted by the Committee: title of chap. II and arts.7–9
  • 27th session of the International Law Commission (1975)
    • Texts adopted by the Committee: arts.10–12, 12 bis, 12 ter, and 13.
  • 28th session of the International Law Commission (1976)
    • Tests adopted by the Committee: title of chapter III and articles 15 bis and 16–18
  • 29th session of the International Law Commission (1977)
    • Text of article 20 adopted by the Drafting Committee
    • Texts adopted by the Committee: revised text of article 20 and article 21–22
  • 30th session of the International Law Commission (1978)
    • Texts adopted by the Drafting Committee: articles 23–27 and title of chapter IV of the draft
  • 31st session of the International Law Commission (1979)
    • Texts adopted by the Drafting Committee: articles 28–32 and title of chapter V of the draft
  • 32nd session of the International Law Commission (1980)
    • Texts of articles 33–35 adopted by the Drafting Committee
  • 35th session of the International Law Commission (1983)
    • Texts adopted by the Drafting Committee: arts 1, 2, 3 and 5
  • 37th session of the International Law Commission (1985)
    • Text adopted by the Drafting Committee: article 5
  • 44th session of the International Law Commission (1992)
    • Titles and texts adopted by the Drafting Committee: Part.2, [art. 6 to 10 bis and a new paragraph 2 for art.1]
  • 45th session of the International Law Commission (1993)
    • Titles and texts adopted by the Drafting Committee on first reading: Part.2
  • 46th session of the International Law Commission (1994)
    • Titles and texts as adopted by the Drafting Committee at the forty-fifth and forty-sixth sessions of the Commission: arts. 11 to 14
  • 47th session of the International Law Commission (1995)
    • Titles and texts adopted by the Drafting Committee: Part Three and annex
  • 48th session of the International Law Commission (1996)
    • Titles and texts adopted by the Drafting Committee: Part 1 of the draft articles adopted by the commission on first reading at its thirty-second session, in 1980, and titles and texts of parts 2 and 3 of the draft articles as provisionally adopted by the Drafting Committee on first reading at the forty-eighth session, in 1996
  • 50th session of the International Law Commission (1998)
    • Draft articles provisionally adopted by the Drafting Committee (Part One, chapters I and II)
  • 51st session of the International Law Commission (1999)
    • Titles and texts of draft articles adopted by the Drafting Committee (Part One, chapters III–V)
  • 52nd session of the International Law Commission (2000)
    • Texts of draft articles on State responsibility were provisionally adopted by the Drafting Committee on second reading.
  • 53rd session of the International Law Commission (2001)
    • Titles and texts of the draft articles on Responsibility of States for internationally wrongful acts adopted by the Drafting Committee on second reading.
    • Statement of the Chairman of the Drafting Committee:
      • First statement made at the 2681st to 2683rd meetings, held from 29 to 31 May 2001.
      • Second statement made by Mr. Giorgio Gaja on behalf of the Chairman of the Drafting Committee, at the 2701st meeting, held on 3 August 2001.

Comments by Governments

  • 32nd session of the International Law Commission (1980)
    • Observations and comments of Governments on chapters I, II and III of Part I of the draft articles on State responsibility for internationally wrongful acts
  • 33rd session of the International Law Commission (1981)
    • Comments of Governments on Part I of the draft articles on State responsibility for internationally wrongful acts
  • 34th session of the International Law Commission (1982)
    • Comments and observations of Governments on part I of the draft articles on State responsibility for internationally wrongful acts
  • 35th session of the International Law Commission (1983)
    • Comments and observations of Governments on part I of the draft articles on State responsibility for internationally wrongful acts
  • 40th session of the International Law Commission (1988)
    • Comments and observations of Governments on part 1 of the draft articles on State responsibility for internationally wrongful acts
  • 50th session of the International Law Commission (1998)
    • Comments and observations received from Governments
  • 51st session of the International Law Commission (1999)
    • Comments and observations received from Governments
  • 53rd session of the International Law Commission (2001)
    • Comments and observations received from Governments

Other

  • 6th session of the International Law Commission (1954)
    • Memorandum on the question of State Responsibility, submitted by Mr. F.V. García-Amador
  • 15th session of the International Law Commission (1963)
    • Working paper prepared by Mr. André Gros
  • Working document submitted by Mr. Senjin Tsuruoka
  • Working paper prepared by Mr. Mustafa Kamil Yasseen
  • Working paper prepared by Mr. Roberto Ago
  • The social nature of personal responsibilities: working paper prepared by Mr. Angel Modesto Paredes
  • The duty to compensate for the nationalization of foreign property: submitted by Mr. E. Jiménez de Aréchaga
  • An approach to State responsibility: submitted by Mr. Angel Modesto Paredes
  • 19th session of the International Law Commission, (1967)
    • State responsibility: note by Mr. Roberto Ago, Special Rapporteur
  • 26th session of the International Law Commission (1974)
    • Text for article 9, proposed by Mr. Ushakov
  • Proposals by Mr. Kearney concerning articles 7, 8 and 11
  • 31st session of the International Law Commission (1979)
    • text of article 28 proposed by Mr. Tsuruoka
  • text of article 28 proposed by Mr. Jagota
  • text of article 29 proposed by Mr.Tsuruoka
  • text of article 29 proposed by Mr. Jagota
  • text of article 29 proposed by Mr. Ushakov
  • text of article 30 proposed by Mr. Jagota
  • text of article 30 proposed by Mr. Yankov
  • 47th session of the International Law Commission (1995)
    • Draft articles, with commentaries, adopted by the Commission for inclusion in Part Three and the Annex thereto
  • A/CN.4/L.520
  • Draft commentaries to articles 13 and 14 of Part Two of the draft articles
  • A/CN.4/L.521
  • Draft commentary to article 11 of Part Two of the draft article
  • A/CN.4/L.521/Add.1
  • 48th session of the International Law Commission (1996)
    • Part One of the draft articles as adopted by the Commission on first reading at its thirty-second session in 1980 (arts.1 to 35) and texts and titles of Parts Two (arts.36 to 53) and Three (arts.54 to 60) of the draft articles as provisionally adopted by the Drafting Committee on first reading at the forty-eighth session in 1996 and annexes I and II
  • A/CN.4/L.524 and Corr.1–2 (cf. 2452nd meeting (3 July 1996), 2454th to 2459th meetings (5 to 12 July 1996), 2468th to 2471st meetings (23 July to 1 August 1996), and 2473rd meeting (26 July 1996))
  • Chapter III — introduction
  • A/CN.4/L.528
  • Recommendation of the ILC and tribute to Special Rapporteur — Mr. Gaetano Arangio-Ruiz
  • A/CN.4/L.528/Add.1
  • Draft articles adopted on first reading — Text of articles
  • A/CN.4/L.528/Add.2
  • Draft articles adopted on first reading — Text of articles with commentarie
  • A/CN.4/L.528/Add.3

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its sixth session, 3 June to 28 July 1954
    • The Commission took note of General Assembly resolution 799 (VIII) of 7 December 1953 requesting it to undertake, as soon as it considered it advisable, the codification of the principles of international law governing State responsibility. The Commission decided not to begin work on the subject for the time being, due to its heavy workload.
  • Report of the International Law Commission on the work of its seventh session, 2 May to 8 July, 1955
    • The Commission decided to begin the study of the topic, and appointed Mr. F.V. García-Amador as Special Rapporteur for the topic.
    • Discussion in plenary: 315th meeting (20 June 1955)
  • Report of the International Law Commission on the work of its eighth session, 23 April to 4 July 1956
    • The Commission considered the bases of discussion submitted by the Special Rapporteur in chapter X of his report. Without taking any decisions on the particular points the Commission requested the Special Rapporteur to continue his work in the light of the views expressed by the members.
    • Discussion in plenary: 370th, 371st, 372nd and 373rd meetings (19 to 22 June 1956)
  • Report of the International Law Commission on the work of its ninth session, 23 April to 28 June 1957
    • The Commission held a general discussion on the basis of the second report of the Special Rapporteur, and requested that he continue his work.
    • Discussion in plenary: 413th, 414th, 415th, 416th and 418th meetings (7 to 17 June 1957)
  • Report of the International Law Commission on the work of its tenth session, 28 April to 4 July 1958
    • The Commission was unable to consider the Special Rapporteur's third report due to a lack of time.
  • Report of the International Law Commission on the work of its eleventh session, 20 April to 26 June 1959
    • The Commission held a brief discussion on the subject of State responsibility. It heard a report for the representatives of the Harvard Law School of the work being undertaken by the School on this subject.
    • Discussion in plenary: 512th and 513rd meetings (10 and 11 June 1959)
  • Report of the International Law Commission on the work of its twelfth session, 25 April to 1 July 1960
    • The Commission held a brief discussion on the subject of State Responsibility, in the course of which it heard a statement by Mr. Antonio Gómez Robledo, observer of the Inter-American Juridical Committee, and also a statement by Professor Louis B. Sohn on the work currently being undertaken in this field as part of the programme of International Legal Studies of the Harvard Law School.
    • Discussion in plenary: 566th meeting (20 June 1960) and 568th meeting (21 June 1960)
  • Report of the International Law Commission on the work of its thirteenth session, 1 May to 7 July 1961
    • The Commission was unable to consider the topic during the session.
  • Report of the International Law Commission on the work of its fourteenth session, 24 April to 29 June 1962
    • In pursuance of G.A. resolution 1686 (XVI) of 18 December 1961, the Commission held a debate on its programme of future work in the field of State responsibility. The idea that the topic of State responsibility should be one of those which should receive priority met with the general approval of the Commission. There were divergent views, however, concerning the best approach to the study of the question and the issues the study should cover. As a result, the Commission decided to set up a Subcommittee whose task was to submit to the Commission at its next session a preliminary report containing suggestions concerning the scope and approach of the future study. The Subcommittee met and agreed on several preliminary decisions.
    • Discussion in plenary: 629th, 630th, 631st, 632nd, 633rd, 634th, 635th, 636th, and 637th meetings (25 April to 7 May 1962) and 668th meeting (26 June 1962)
  • Report of the International Law Commission on the work of its fifteenth session, 6 May to 12 July 1963
    • Considered and adopted the report of the Sub-Committee on State Responsibility containing the following general conclusions: (1) that, in an attempt to codify the topic of State Responsibility, priority should be given to the definitions of the general rules governing the international responsibility of the State, and (2) that in defining these general rules the experience and material gathered in certain special sectors, specially that of responsibility for injuries to the persons or property of aliens, should not be overlooked and that careful attention should be paid to the possible repercussions which developments in international may have had on responsibility. Appointed Mr. Roberto Ago as Special Rapporteur for the topic of State responsibility.
    • Discussion in Plenary: 686th meeting (24 May 1963)
  • Report of the International Law Commission on the work of its nineteenth session, 8 May to 14 July 1967
    • The Commission discussed a note submitted to it by the Special Rapporteur, and confirmed its instructions given to him at the fifteenth session in 1963.
    • Discussion in Plenary: 934th and 935th meetings (6 July 1967)
  • Report of the International Law Commission on the work of its twenty-first session, 2 June to 8 August 1969
    • Discussed Special Rapporteur's first report. Agreed that the codification of the topic should not start with a definition of the contents of those rules of international law which laid obligations upon States in one or the other sector of inter-State relations. The starting point should be the imputability to a State of the violation of one of the obligations arising from those rules, irrespective of their origin, nature and object. The Commission laid down the following criteria as a guide for its future work on the topic: a) the Commission intended to confine its study of international responsibility, for the time being, to the responsibility of States; b) it would first examine the question of the responsibility of States for internationally wrongful acts. The question of responsibility arising from certain lawful acts, such as space and nuclear activities, would be examined as soon as the Commission's programme of work permitted; c) it agreed to concentrate its study on the determination of the principles which govern the responsibility of States for internationally wrongful acts, maintaining a strict distinction between this task and that of defining the rules that place obligations on States, the violation of which may generate responsibility; and d) the study would comprise two broad separate phases, the first covering the origin of international responsibility and the second the content of that responsibility.
    • Discussion in Plenary: 1011th, 1012th and 1013th meetings (30 June and 1 to 2 July 1969), and 1036th meeting (5 August 1969)
  • Report of the International Law Commission on the work of its twenty-second session, 4 May to 10 July 1970
    • Discussed the second report of the Special Rapporteur, Mr. Roberto Ago. It was agreed that he would include in a third, more extensive report the part which had been examined during the session, revised in the light of the discussion.
    • Discussion in Plenary: 1074th, 1075th and 1076th meetings (22 to 24 June 1970), and 1079th, 1080th and 1081st meetings (29 June to 2 July 1970)
  • Report of the International Law Commission on the work of its twenty-third session, 26 April to 30 June 1971
    • The Special Rapporteur submitted his third report.
  • Report of the International Law Commission on the work of its twenty-fourth session, 2 May to 7 July 1972
    • The Commission was unable to discuss the fourth report of the Special Rapporteur.
  • Report of the International Law Commission on the work of its twenty-sixth session, 6 May to 26 July 1974
    • Continued its consideration of draft chapter II. On the basis of the Special Rapporteur's third report as well as the report of the Drafting Committee, the Commission adopted draft articles 7–9 (completing chapter 2: The "act of the State" according to international law).
    • Discussion in Plenary: 1251st, 1252nd and 1253rd meetings (7 to 9 May 1974), 1255th, 1256th, 1257th, 1258th, 1259th, 1260th, 1261st, 1262nd and 1263rd meetings (10 to 23 May 1974), and 1278th meeting (14 June 1974)
  • Report of the International Law Commission on the work of its twenty-ninth session, 9 May to 29 July 1977
    • The Commission had before it the sixth report of the Special Rapporteur. It referred the outstanding parts of Chapter III to the Drafting Committee, and subsequently adopted on first reading the texts of articles 20 to 22 proposed by the Drafting Committee, with commentaries.
    • Discussion in Plenary: 1454th, 1455th, 1456th and 1457th meetings (6 to 11 July 1977), 1460th, 1461st, 1462nd and 1463th meetings (14 to 19 July 1977) and 1465th, 1466th, 1467th, 1468th and 1469th meetings (20 to 26 July 1977)
  • Report of the International Law Commission on the work of its thirtieth session, 8 May to 28 July 1978
    • Took into consideration oustanding questions involved in chapter III of the draft, the subject-matter of chapter IV of the draft, the questions dealt with in the Special Rapporteur's seventh report and the related articles referred to the Drafting Committee. Adopted articles 23 to 27 on first reading, with commentaries, and considered the questions dealt with in chapter IV.
    • Discussion in Plenary: 1476th, 1477th, 1478th, 1479th, 1480th, 1481st and 1482nd meetings (10 to 19 May 1978), 1513th meeting (6 July 1978), 1516th, 1517th, 1518th and 1519th meetings (12 to 18 July 1978), and 1524th meeting (24 July 1978)
  • Report of the International Law Commission on the work of its thirty-second session, 5 May to 25 July 1980
    • The Commission provisionally adopted the draft articles 33 to 35 on the origin of international responsibility, thus completing its first reading of Part I of the the draft, with commentaries. It also began consideration of Part II on the basis of the preliminary report of the Special Rapporteur.
    • Discussion in Plenary: 1597th, 1598th, 1599th, 1600th and 1601st meetings (27 May to 2 June 1980), 1612th, 1613th, 1614th, 1615th, 1616th, 1617th, 1618th, 1619th, 1620th and 1621st meetings (16 to 27 June 1980), 1627th, 1628th and 1629th meetings (7 to 9 July 1980), and 1635th meeting (17 July 1980)
  • Report of the International Law Commission on the work of its thirty-third session, 4 May to 24 July 1981
    • The Commission held a discussion on the basis of the second report of the Special Rapporteur, and decided to submit articles 1, 2, 3, 4 and 5 to the Drafting Committee.
    • Discussion in Plenary: 1666th, 1667th, 1668th, 1669th and 1670th meetings (4 to 11 June 1981), and 1682nd, 1683rd and 1684th meetings (1 to 3 July 1981)
  • Report of the International Law Commission on the work of its thirty-fourth session, 3 May to 23 July 1982
    • Following a discussion on the basis of the third report of the Special Rapporteur, the Commission decided to refer articles 1–6, as proposed in the third report, and to confirm the referral of articles 1–3, as proposed in the second report, to the Drafting Committee.
    • Discussion in Plenary: 1731st, 1732nd, 1733rd and 1734th meetings (21 to 24 June 1982), and 1736th, 1737th and 1738th meetings (29 June to 1 July 1982)
  • Report of the International Law Commission on the work of its thirty-fifth session: 3 May–22 July 1983
    • Following a discussion of the fourth report of the Special Rapporteur, the Commission generally agreed that, for the time being, the Commission should work from the perspective of drafting articles which would ultimately be embodied in a general convention on State responsibility, covering every aspect of the topic. The Commission provisionally adopted draft articles 1, 2, 3, and 5 (subsequently renumbered 4) of Part II, with commentaries.
    • Discussion in Plenary: 1771st, 1772nd and 1773rd meetings (31 May to 2 June 1983), 1775th, 1776th, 1777th, 1778th, 1779th and 1780th meetings (6 to 13 June 1983), and 1805th and 1806th meetings (15 and 18 July 1983)
  • Report of the International Law Commission on the work of its thirty-sixth session, 7 May to 27 July 1984
    • The Commission, after considering the Special Rapporteur's fifth report, referred draft articles 5 and 6 to the Drafting Committee on the understanding that members which had not, at the present session, found the occasion to present their comments on those articles could do so at an early stage of the next session, in order that the Drafting Committee could also take those comments into account.
    • Discussion in Plenary: 1858th meeting (10 July 1984), 1860th and 1861st meetings (12 and 13 July 1984), 1865th, 1866th and 1867th meetings (18 to 20 July 1984)
  • Report of the International Law Commission on the work of its thirty-eighth session, 5 May to 11 July 1986
    • Following discussion on the basis of the seventh report of the Special Rapporteur, the Commission referred draft articles 1 to 5 and the annex of part 3 to the Drafting Committee.
    • Discussion in Plenary: 1952nd, 1953rd, 1954th, 1955th and 1956th meetings (26 to 30 May 1986), and 1980th meeting (2 July 1986))
  • Report of the International Law Commission on the work of its thirty-ninth session, 4 May to 17 July 1987
    • Appointed Mr. Gaetano Arangio-Ruiz Special Rapporteur for the topic.
    • Discussion in Plenary: 2016th meeting (17 June 1987)
  • Report of the International Law Commission on the work of its fortieth session, 9 May to 29 July 1988
    • Unable to consider topic but allowed Special Rapporteur to introduce his report. — Discussion in Plenary: 2081st and 2082nd meetings (19 and 20 July 1988)
  • Report of the International Law Commission on the work of its forty-first session, 2 May to 21 July 1989
    • Considered the preliminary report of the Special Rapporteur, but deferred consideration of the Special Rapporteur's second report to the next session. Referred draft articles 6 and 7, as submitted in the Preliminary Report, to the Drafting Committee.
    • Discussion in Plenary: 2102nd, 2103rd, 2104th and 2105th meetings (16 to 19 May), 2122nd meeting (21 June 1989) and 2127th meeting (28 June 1989)
  • Report of the International Law Commission on the work of its forty-second session, 1 May to 20 July 1990
    • The Commission considered the Special Rapporteur's second report, and referred draft articles 8, 9 and 10 of part 2 of the draft to the Drafting Committee.
    • Discussion in Plenary: 2168th, 2169th, 2170th, 2171st, 2172nd, 2173rd, 2174th and 2175th meetings (5 to 15 June), and 2185th meeting (3 July 1990)
  • Report of the International Law Commission on the work of its forty-third session, 29 April to 19 July 1991
    • Despite being unable to consider topic due to a lack of time, the Commission allowed the Special Rapporteur to introduce his third report.
    • Discussion in Plenary: 2238th meeting (10 July 1991)
  • Report of the International Law Commision on the work of its forty-fourth session, 4 May to 24 July 1992
    • The Commission took note of the report of the Drafting Committee on the draft articles contained in the preliminary and second reports of the Special Rapporteur (the Committee had adopted, on the first reading a new para. 2 to be included in article 1, as well as articles 6, 6bis, 7, 8, 10 and 10 bis) and agreed to defer action on the proposed draft articles to its next session. After hearing the Special Rapporteur's presentation, the Commission considered draft articles 11 to 14 and article 5 bis contained in the fourth report and decided to refer them to the Drafting Committee.
    • Discussion in Plenary: 2265th, 2266th and 2267th meetings (26 to 29 May 1992), 2273rd, 2274th, 2275th, 2276th, 2277th, 2278th, 2279th and 2280th meetings (16 June to 2 July 1992), 2283rd meeting (10 July 1992), and 2288th and 2289th meetings (20 July 1992)
  • Report of the International Law Commission on the work of its forty-fifth session, 3 May to 23 July 1993
    • The Special Rapporteur introduced his fifth report. The Commission referred the following draft articles to the Drafting Committee: conciliation (art.1), task of the Conciliation Commission (art.2), arbitration (art.3), terms of reference of the Arbitral Tribunal (art.4), judicial settlement (art.5), excès du pouvoir or violation of fundamental principles of arbitral procedure (art.6), accompanied by an annex: composition of the Conciliation Commission (art.1), task of the Conciliation Comission (art.2), composition of the Arbitral Tribunal (art.3); the consequences of the so-called international "crimes" of States (article19 of Part One of the draft). Provisionally adopted a new para. 2 to be included in article 1 of part.2 of the draft as well as articles 6, 6 bis, 7, 8, 10 and 10 bis, with commentaries, also for inclusion in part 2 of the draft. Agreed to defer action on the proposed draft articles 11, 12, 13 and 14, adopted by the Drafting Committee on first reading.
    • Discussion in Plenary: 2305th, 2306th, 2307th, 2308th, 2309th and 2310th meetings (10 to 22 June 1993), 2314th, 2315th and 2316th meetings (30 June to 6 July 1993), and 2318th meetings (13 July 1993)
  • Report of the International Law Commission on the work of its forty-sixth session, 2 May to 22 July 1994
    • The Commission considered chapter II of the fifth report and chapter III of the sixth report of the Special R apporteur, both devoted to the question of the consequences of internationally wrongful acts characterized as crimes under article 19 of part one of the draft articles; and chapter II of the sixth report which presented a reappraisal of the pre-countermeasures dispute settlement provisions so far envisaged for the draft on State responsibility. On the basis of the recommendations of the Drafting Committee, as submitted at the previous and present sessions, the Commission provisionally adopted articles 11, 13 and 14. It deferred action on article 12 and decided that it may have to review article 11 in the light of the text it would eventually adopt for article 12.
    • Discussion in Plenary: 2338th, 2339th, 2340th, 2341st, 2342nd and 2343rd meetings (16 to 26 May 1994), 2348th meeting (2 June 1994), 2353rd meeting (21 June 1994), 2366th and 2367th meetings (13 and 15 July 1994)
  • Report of the International Law Commission on the work of its forty-seventh session, 2 May to 21 July 1995
    • The Commission, after considering the Special Rapporteur's seventh report, decided to refer the draft articles contained therein to the Drafting Committee. The Commission received from the Drafting Committee a set of seven articles and an annex constituting Part Three of the draft on the settlement of disputes: arts.1 to 7, plus arts.1 and 2 of the Annex, with commentaries. The Commission adopted the above-mentioned arts. and the Annex thereto in an amended form for inclusion in part three of the draft. As regards provisions on countermeasures, it also adopted arts. 13 and 14, with commentaries.
    • Discussion in Plenary: 2391st, 2392nd, 2393rd, 2394th, 2395th, 2396th, 2397th and 2398th meetings (31 May to 9 June 1995), 2405th and 2406th meetings (27 to 28 June 1995), 2417th meeting (14 July 1995) and 2420th and 2421st meetings (18 July 1995)
  • Report of the International Law Commission on the work of its forty-eighth session, 6 May to 26 July 1996
    • The Commission, after considering the Special Rapporteur's eighth report, and the report of the Drafting Committee (which completed its first reading of draft articles of Parts Two and Three), decided to transmit a set of 60 draft articles (with annexes) on State responsibility, provisionally adopted on first reading, 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 January 1998.
    • Discussion in Plenary: 2436th meeting (5 June 1996), 2438th meeting (7 June 1996), 2452nd meeting (3 July 1996), 2454th, 2455th, 2456th, 2457th, 2458th and 2459th meetings (5 to 12 July 1996), 2468th, 2469th, 2470th and 2471st meetings (23 July to 1 August 1996), and 2473rd meeting (26 July 1996)
  • Report of the International Law Commission on the work of its forty-ninth session, 12 May to 18 July 1997
    • The Commission, after considering the report of the Working Group on the topic established at the present session to address matters dealing with the second reading of the topic, decided to proceed, at its next session, to the second reading of the topic with a view to completing work by the end of the quinquennium. It also decided on certain procedural and methodological issues. The Commmission appointed Mr. J. Crawford Special Rapporteur for the topic, and requested that he submit a report for consideration by the Commission at its next session.
    • Discussion in Plenary: 2477th meeting (15 May 1997) and 2504th meeting (3 July 1997)
  • Report of the International Law Commission on the work of its fiftieth session, 20 April to 12 June 1998 and 27 July to 14 August 1998
    • The Commission, after considering the report of the Special Rapporteur and the comments and observations received from Governments, established a Working Group to assist the Special Rapporteur in the consideration of various issues during the second reading of the draft articles. The Commission decided to refer draft articles 1 to 15 to the Drafting Committee. The Commission took note of the report of the Drafting Committee on articles 1, 3, 4, 5, 7, 8, 8 bis, 9, 10, 15, 15 bis and A. It also took note of the deletion of articles 2, 6 and 11 to 14.
    • Discussion in Plenary: 2532nd, 2533rd, 2534th, 2535th, 2536th, 2537th, 2538th, 2539th and 2540th (19 May to 3 June 1998), 2546th and 2547th (11 June 1998), 2553rd, 2554th, 2555th and 2556th (31 July to 5 August 1998), 2558th meetings (7 August 1998) and 2562nd meeting (13 August 1998)
  • Report of the International Law Commission on the work of its fifty-first session, 3 May to 23 July 1999
    • The Commission continued its consideration of Part One of the draft articles, specifically chapters III to V, and the question of countermeasures, on the basis of comments and observations received from Governments on the draft articles provisionally adopted on first reading and the second report of the Special Rapporteur. The Commission decided to refer the following draft articles to the Drafting Committee: 16 to 18(1) and (2), 19(1), 18(3) to (5), 20 to 26 bis, 27 to 28 bis, 29, 29 bis and 29 ter (1), 34 bis (1) and 35, 31 to 33, and 30. The Commission took note of the report of the Drafting Committee on articles 16, 18, 24, 25, 27, 27 bis, 28, 28 bis, 29, 29 bis, 29 ter, 31, 32, 33 and 35. It also took note of the deletion of articles 17, 19(1), 20, 21, 22, 23, 26 and 34.
    • Discussion in Plenary: 2566th, 2567th, 2568th, 2569th, 2570th and 2571st, 2573rd and 2574th, 2576th, 2577th and 2578th, 2587th, 2588th, 2589th, 2590th, 2591st and 2592nd, 2599th and 2600th meetings (4 to 28 May, 15 to 23 June and 8 to 9 July 1999), 2605th and 2606th meetings (19 July 1999)
  • Report of the International Law Commission on the work of its fifty-second session, 1 May–9 June and 10 July–18 August 2000
    • The Commission continued its consideration of the draft articles provisionally adopted on first reading and of the third report of the Special Rapporteur, Mr. James Crawford. That report continued the task, begun in 1998, of considering draft articles in the light of the comments by Governments and developments in State practice, judicial decisions and literature. The Commission decided to refer the following articles to the Drafting Committee: 36, 36 bis, 37 bis, 38, 40 bis, 43, 44, 45, 45 bis, 46 bis, 46 ter, 46 quater, 46 quinquies, 46 sexies, 30, 47, 47 bis, 48, 49, 50, 50 bis, 50 A, 50 B, 51 and the texts contained in footnotes 801 and 810 of A/CN.4/507/Add.4. The Commission took note of the report of the Drafting Committee on the entire draft articles (A/CN.4/L.600) which were provisionally adopted by the Drafting Committee.
    • Discussion in Plenary: 2613th, 2614th, 2615th and 2616th, 2621st, 2622nd, 2623rd, 2634th, 2635th, 2636th, 2637th, 2638th, 2639th, 2640th, 2644th, 2645th, 2646th, 2647th, 2648th, 2649th, 2650th, 2651st, 2652nd, 2653rd and 2662nd meetings (2 to 5 May, 16 to 18 May, 8 to 9 June, 10 to 14 July, 21 July to 8 August and 17 August 2000).
  • Report of the International Law Commission on the work of its fifty-third session 23 April–1 June and 2 July–10 August 2001
    • The Commission had before it comments and observations received from Governments on the draft articles provisionally adopted by the Drafting Committee at the previous session, as well as the fourth report of the Special Rapporteur, Mr. James Crawford. The report addressed the main issues relating to the draft articles in the light of the comments and observations received from Governments. The Commission decided to refer the entire draft articles to the Drafting committee. It also decided to establish two Working Groups on the topic. The Commission subsequently adopted the entire draft articles on Responsibility of states for internationally wrongful acts, with commentaries.
    • Discussion in Plenary: 2665th, 2667th, 2668th, 2669th, 2670th, 2671st, 2672nd, 2673rd, 2674th (23 April to 8 May 2001), 2681st, 2682nd, 2683rd (29 to 31 May 2001), and 2701st, 2702nd, 2703rd, 2704th, 2705th, 2706th, 2707th, 2708th to 2709th meetings (3 to 9 August 2001).

General Assembly Action

  • Resolution 1686 (XVI) of 18 December 1961
    • Recommended that the Commission continue its work on State responsibility.
 
  • Resolution 1902 (XVIII) of 18 November 1963
    • Recommended that the Commission continue its work on State responsibility, taking into account the views expressed at the eighteenth session of the General Assembly and the report of the Subcommittee on State responsibility and giving due consideration to the purposes and principles enshrined in the Charter of the United Nations.
 
  • Resolution 2272 (XXII) of 1 December 1967
    • Recommended that the Commission expedite the study of the topic of State responsibility.
 
  • Resolution 2400 (XXIII) of 11 December 1968
    • Requested the Commission "to make every effort to begin substantive work" on the topic.
 
  • Resolution 3071 (XXVIII) of 30 November 1973
    • Recommended that the Commission should continue on a priority basis at the following session its work on State responsibility with a view to the preparation of a first set of draft articles on responsibility of States for internationally wrongful acts, and that the Commission should undertake at an appropriate time a separate study of the topic of international liability for injurious consequences arising out of the performance of other activities.
 
  • Resolution 3315 (XXIX) of 14 December 1974
    • Repeated its recommendation in resolution 3071 (XXVIII), but added the further request that the Commission a first set of draft articles on the subject "at the earliest possible time".
 
  • Resolution 3495 (XXX) of 15 December 1975
    • Repeated its recommendation in resolution 3315 (XXIX).
 
  • Resolution 31/97 of 15 December 1976
    • Recommended that the Commission should continue "on a high-priority basis" its work on the topic with a view to completing the preparation of a first set of draft articles on responsibility of States for internationally wrongful acts, "if possible within the next term of office" of the members of the Commission.
 
  • Resolution 32/151 of 19 December 1977
    • Reiterated its prior resolution 31/97.
 
  • Resolution 33/139 of 19 December 1978
    • Recommended that the ILC continue its work with the aim of completing at least the first reading of the set of draft articles constituting Part I of the draft taking into account the views expressed in the General Assembly and the observations of Governments
 
  • Resolution 34/141 of 17 December 1979
    • Recommended that the Commission continue its work on State responsibility with the aim of completing, at its thirty-second session, the first reading of the set of draft articles constituting part one of the draft on responsibility of States for internationally wrongful acts, taking into account the written comments of Governments and views expressed on the topic in debates in the General Assembly and to proceed to the study of the further part or parts of the draft with a view to the elaboration of draft articles.
 
  • Resolution 35/163 of 15 December 1980
    • Recommended that the Commission continue its work with the aim of beginning the preparation of draft articles concerning part two of the draft on responsibility of States for internationally wrongful acts, bearing in mind the need for a second reading of the draft articles constituting part one of the draft.
 
  • Resolution 36/114 of 10 December 1981
    • Recommended the continuation of the Commission's work aimed at the preparation of draft articles on part two of the draft on responsibility of States for internationally wrongful acts, bearing in mind the need for a second reading of the draft articles constituting part one of the draft.
 
  • Resolution 49/51 of 9 December 1994
    • Urging the Commission to resume, at its forty-seventh session, the work on State responsibility in such a manner that the first reading of the draft articles on the topic may be completed before the end of the present term of office of the members of the Commission.
  • Resolution 50/45 of 11 December 1995
    • Urging the Commission at its forty-eighth session to resume the work on the draft articles on State responsibility in such a manner that the first reading of that draft may be completed at that session, taking into account divergent views expressed during the Sixth Committee's debate on the topic, so that alternative approaches may be developed when necessary.
  • See topical summary of debate in the Sixth Committee (A/CN.4/47 and Add.1)
  • Resolution 51/160 of 16 December 1996
    • Expressing its appreciation to the Commission for the completion of the provisional draft articles on States responsibility; Drawing the attention of Governments to the importance, for the Commission, of having their views on the draft articles on the topic adopted on first reading by the Commission, and urging them to submit their comments and observations in writing by 1 January 1998.
  • See topical summary of debate in the Sixth Committee (A/CN.4/483)
  • Resolution 55/152 of 12 December 2000
    • Expressing its appreciation to the International Law Commission for the work accomplished at its fifty-second session, in particular with respect to the topic "State responsibility", and encourages the Commission to complete its work on this topic during its fifty-third session, taking into account the views expressed by Governments during the debates in the Sixth Committee at the fifty-fifth session of the General Assembly, and any written comments that may be submitted by 31 January 2001.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/513)

Final Outcome

International Law Commission (53rd session, 2001)

  • The Commission adopted the draft articles on Responsibility of states for internationally wrongful acts, with commentaries.
  • The Commission decided, in accordance with article 23 of its Statute, to recommend to the General Assembly that it take note of the draft articles on responsibility of States for internationally wrongful acts in a resolution, and that it annex the draft articles to the resolution. The Commission decided further to recommend that the General Assembly consider, at a later stage, and in light of the importance of the topic, the possibility of convening an international conference of plenipotentiaries to examine the draft articles on responsibility of States for internationally wrongful acts with a view to adopting a convention on the topic.
 

General Assembly

  • Resolution 56/83 of 12 December 2001
    • Welcomed the conclusion of the work of the International Law Commission on responsibility of States for internationally wrongful acts and its adoption of the draft articles and a detailed commentary on the subject.
    • Took note of the articles on responsibility of States for internationally wrongful acts, the text of which was annexed to the resolution, and commended them to the attention of Governments without prejudice to the question of their future adoption or other appropriate action.
    • Decided to include in the provisional agenda of its fifty-ninth session an item entitled "Responsibility of States for internationally wrongful acts".

 

  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/521 and Corr.1)
  • Resolution 59/35 of 2 December 2004
    • Commended once again the articles on responsibility of States for internationally wrongful acts.
    • Requested the Secretary-General to invite Governments to submit their written comments on any future action regarding the articles.
    • Requested the Secretary-General to prepare an initial compilation of decisions of international courts, tribunals and other bodies referring to the articles and to invite Governments to submit information on their practice in this regard, and further requested the Secretary-General to submit this material well in advance of the sixty-second session.
    • Decided to include in the provisional agenda of its sixty-second session (2007) an item entitled "Responsibility of States for internationally wrongful acts".
  • See the website of the Sixth Committee of the General Assembly
  • Resolution 62/61 of 6 December 2007
    • Commended once again the articles on responsibility of States for internationally wrongful acts to the attention of Governments, without prejudice to the question of their future adoption or other appropriate action;
    • Requested the Secretary-General to invite Governments to submit their written comments on any future action regarding the articles.
    • Also requested the Secretary-General to update the compilation of decisions of international courts, tribunals and other bodies referring to the articles and to invite Governments to submit information on their practice in this regard, and further requested the Secretary-General to submit this material well in advance of its sixty-fifth session;
    • Decided to include in the provisional agenda of its sixty-fifth session (2010) the item entitled “Responsibility of States for internationally wrongful acts” and to further examine, within the framework of a working group of the Sixth Committee, the question of a convention on responsibility of States for internationally wrongful acts or other appropriate action on the basis of the articles.
  • See the website of the Sixth Committee of the General Assembly
  • Resolution 65/19 of 6 December 2010
    • Acknowledged the importance of the articles on responsibility of States for internationally wrongful acts and commended them once again to the attention of Governments, without prejudice to the question of their future adoption or other appropriate action;
    • Requested the Secretary-General to invite Governments to submit further written comments on any future action regarding the articles.
    • Also requested the Secretary-General to update the compilation of decisions of international courts, tribunals and other bodies referring to the articles and invited Governments to submit information on their practice in this regard, and further requested the Secretary-General to submit this material well in advance of its sixty-fifth session;
    • Decided to include in the provisional agenda of its sixty-eigth session (2013) the item entitled “Responsibility of States for internationally wrongful acts” and to further examine, within the framework of a working group of the Sixth Committee, the question of a convention on responsibility of States for internationally wrongful acts or other appropriate action on the basis of the articles.
  • See the website of the Sixth Committee of the General Assembly)
  • Resolution 68/104 of 16 December 2013
    • Acknowledged that a growing number of decisions of international courts, tribunals and other bodies referred to the articles on responsibility of States for internationally wrongful acts and continued to acknowledge the importance and usefulness of the articles and commended them once again to the attention of Governments, without prejudice to the question of their future adoption or other appropriate action;
    • Requested the Secretary-General to invite Governments to submit further written comments on any future action regarding the articles.
    • Also requested the Secretary-General to update the compilation of decisions of international courts, tribunals and other bodies referring to the articles and invited Governments to submit information on their practice in this regard, and further requested the Secretary-General to submit this material well in advance of its seventy-first session;
    • Decided to include in the provisional agenda of its seventy-first session (2016) the item entitled “Responsibility of States for internationally wrongful acts” and to further examine, within the framework of a working group of the Sixth Committee, and with a view to taking a decision, the question of a convention on responsibility of States for internationally wrongful acts or other appropriate action on the basis of the articles.
  • See the website of the Sixth Committee of the General Assembly