International Law Commission International Law Commission

Last update: July 20, 2017

Sixty-ninth Session (2017)

In accordance with General Assembly resolution 71/140 of 13 December 2016, the International Law Commission will hold its sixty-ninth session at the United Nations Office at Geneva from 1 May to 2 June and from 3 July to 4 August 2017 (10 weeks).

Topics being considered in 2017*

Immunity of State officials from foreign criminal jurisdiction (Summary | Analytical Guide)

The Commission resumed its consideration of the Special Rapporteur’s fifth report, which it had commenced at the sixty-eighth session, at its 3360th to 3365th meetings, held from 18 to 30 May 2017. At the 3365th meeting, on 30 May 2017, the Commission decided to refer draft article 7 to the Drafting Committee taking into account the views expressed in the Commission.

See also: Comments by Governments

Provisional application of treaties (Summary | Analytical Guide)

At its 3349th meeting, held on 2 May 2017, the Commission decided to reconvene the Drafting Committee on the topic, in order to consider the proposals of the Special Rapporteur left over from the sixty-eighth session. The Commission further decided to refer draft guidelines 1 to 4 and 6 to 9, which the Commission had taken note of in 2016, to the Drafting Committee, with a view to having a consolidated text prepared. At the 3357th meeting, held on 12 May 2017, the Chairman of the Drafting Committee introduced the report of the Drafting Committee on “Provisional application of treaties” (A/CN.4/L.895). The Commission considered the report and adopted draft guidelines 1 to 4 and 6 to 12.

Protection of the environment in relation to armed conflicts (Summary | Analytical Guide)

At the 3375th meeting, held on 14 July 2017, the Commission decided to establish a Working Group on the topic “Protection of the environment in relation to armed conflicts” and appointed Mr. Marcelo Vázquez-Bermúdez as Chairman of the Working Group.

Protection of the atmosphere (Summary | Analytical Guide)

The Commission considered the fourth report (A/CN.4/705 + Corr.1) of the Special Rapporteur on the topic, Mr. Shinya Murase, from its 3355th to 3359th meetings, held from 10 to 17 May 2017. The Commission subsequently decided to refer draft guidelines 9 to 12, as proposed by the Special Rapporteur, to the Drafting Committee, taking into account the views expressed during the debate on the fourth report. At the 3367th meeting, held on 2 June 2017, the Chairperson of the Drafting Committee presented the report of the Drafting Committee on “Protection of the atmosphere” (A/CN.4/L.894). The Commission considered the report and provisionally adopted draft preambular paragraphs 3bis, 4bis and 6 and draft guideline 9.

See also:

See also: Comments by Governments

Crimes against humanity (Summary | Analytical Guide)

The Commission considered the third report (A/CN.4/704) of the Special Rapporteur on the topic, Mr. Sean D. Murphy, from its 3348th to 3354th meetings, held from 1 to 9 May 2017. The Commission subsequently decided to refer draft articles 11 to 17 and the preamble, as proposed by the Special Rapporteur, to the Drafting Committee, taking into account the views expressed during the debate on the third report. At the 3366th meeting, held on 1 June 2017, the Chairperson of the Drafting Committee presented the report of the Drafting Committee on "Crimes against humanity" (A/CN.4/L.892 + Add.1). The Commission considered the report of the Drafting Committee on “Crimes against humanity” and provisionally adopted the draft preamble, draft articles 1 to 15, and the draft annex, on first reading.

See also: Comments by Governments

Peremptory norms of general international law (Jus cogens) (Summary | Analytical Guide)

The Commission considered the second report (A/CN.4/706) of the Special Rapporteur on the topic, Mr. Dire Tladi, from its 3368th to 3370th and 3372nd to 3374th meetings, held from 3 to 5 and 11 to 13 July 2017. The Commission subsequently decided to refer draft conclusions 4 to 8, as proposed by the Special Rapporteur, to the Drafting Committee, taking into account the views expressed during the debate on the third report.

Succession of States in respect of State responsibility (Summary | Analytical Guide)

Cooperation with other bodies

  • The Chair of the Council of Europe Committee of Legal Advisers on Public International Law (CAHDI) and Director of the Legal Service of the Finnish Ministry for Foreign Affairs, Ms. Päivi Kaukoranta, and the Head of Public International Law and Treaty Division and Secretary to the CAHDI of the Directorate of Legal Advice and Public International Law of the Council of Europe, Ms. Marta Requena, addressed the Commission, at the 3371st meeting, held on 6 July 2017. An exchange of views followed.
  • The representatives of the African Union Commission on International Law, Ambassador Juliet Kalema and Professor Hajer Gueldich addressed the Commission, at the 3376th meeting, held on 18 July 2017. An exchange of views followed.
  • The Secretary-General of the Asian-African Legal Consultative Organization, Professor Kennedy Gastorn, addressed the Commission, at the 3377th meeting, held on 19 July 2017. An exchange of views followed.

Other business

Visit of the United Nations Legal Counsel

The United Nations Legal Counsel, Mr. Miguel de Serpa Soares, made a statement at the 3371st meeting, held on 6 July 2017, informing the Commission of the activities of the Office of Legal Affairs and recent developments of international law in the context of the United Nations. An exchange of views followed.

Date and place of the seventieth session

* In accordance with General Assembly resolution 71/140 of 13 December 2016, the topics “Identification of customary international law” and “Subsequent agreements and subsequent practice in relation to interpretation of treaties” are scheduled to be considered next at the seventieth session in 2018.