International Law Commission International Law Commission

Last update: September 20, 2016

Current status of the work of the Commission and forthcoming deadlines *

Forthcoming deadlines for comments from Governments

  • 31 January 2017 — Crimes against humanity: information requested in Chap. III.F of A/69/10;
  • 31 January 2017 — Protection of the atmosphere: information requested in Chap. III.B of A/69/10;
  • 31 January 2017 — Provisional application of treaties: information requested in Chap. III.D of A/70/10;
  • 31 January 2017Jus cogens: information requested in Chap. III.E of A/70/10;
  • 1 January 2018 — comments on the draft conclusions on identification of customary international law, as adopted on first reading (2016)
  • 1 January 2018 — comments on the draft conclusions on subsequent agreements and subsequent practice in relation to the interpretation of treaties, as adopted on first reading (2016)

Drafting Committee

The following draft articles are presently before the Drafting Committee:

  • Provisional application of treaties (2016): draft guidelines 5 to 10
  • Jus cogens (2016): draft guidelines 1 and 2 [3]

The following draft articles/conclusions have recently been adopted by the Commission, during the present quinquennium, on the basis of reports of the Drafting Committee:

  • Expulsion of aliens (2014): draft articles 1 to 31, adopted on second reading (A/CN.4/L.832); See: Drafting Committee Chairman's statement
  • Protection of persons in the event of disasters (2016): draft preamble and draft articles 1 to 18, adopted on second reading (A/CN.4/L.871, as revised); See: Drafting Committee Chairman's statement
  • Most-favoured-nation clause (2015): summary conclusions of the Study Group (Chapter IV of the 2015 report) and report of the Study Group
  • Immunity of State officials from foreign criminal jurisdiction
  • Identification of customary international law
    • 2016: draft conclusions 1 to 16, as adopted on first reading (A/CN.4/L.872); See: Drafting Committee Chairman’s statement
  • Subsequent agreements and subsequent practice in relation to the interpretation of treaties:
  • Protection of the atmosphere:
    • 2015: preambular paragraphs and draft guidelines 1, 2 and 5 (A/CN.4/L.851); See: Drafting Committee Chairman’s statement
    • 2016: draft guidelines 3, 4, 5, 6 and 7, and a preambular paragraph (A/CN.4/L.875); See: Drafting Committee Chairman’s statement
  • Crimes against humanity:
  • Protection of the environment in relation to armed conflicts:
    • 2015: introductory provisions and draft principles provisionally adopted in 2015 (A/CN.4/L.870); See: Drafting Committee Chairman’s statement
    • 2016: revised text of draft principles provisionally adopted in 2015 (A/CN.4/L.870/Rev.1), see Drafting Committee Chairman’s statement, and draft principles 4, 6, 7, 8, 14, 15, 16, 17 and 18, provisionally adopted in 2016 (A/CN.4/L.876); See Drafting Committee Chairman’s statement
  • Provisional application of treaties
  • Jus cogens

Working and Study Groups

No Working or Study Groups are currently active.

Long-term programme of work

The following topics are presently on the long-term programme of work:

The following topics are (or have recently been) on the programme of work of the Commission during the 2012–2016 quinquennium:

Expulsion of aliens (Summary | Analytical Guide)

The Commission commenced its consideration of the topic in 2005, and proceeded on the basis of nine reports by the Special Rapporteur, Mr. Maurice Kamto, a memorandum prepared by the Secretariat, further documents submitted by the Special Rapporteur, as well as comments and observations received from Governments. The work was also guided in part by a Working Group established in 2008 under the chairmanship of Mr. Donald McRae.

At its sixty-sixth session, in 2014, the Commission adopted on second reading, a set of 31 draft articles on the expulsion of aliens, together with commentaries thereto, and, in accordance with article 23 of its statute, the Commission recommended to the General Assembly 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 its widest possible dissemination, and to consider, at a later stage, the elaboration of a convention on the basis of the draft articles. (chapter IV of the 2014 report)

Obligation to extradite or prosecute (aut dedere aut judicare) (Summary | Analytical Guide)

The Commission commenced its consideration of the topic in 2006, and proceeded on the basis of four reports by the former Special Rapporteur, Mr. Zdzislaw Galicki. The work was also guided by a Working Group established in 2008 under the chairmanship of Mr. Alain Pellet. The Working Group was reconvened in 2010 under the Chairmanship of Mr. Enrique Candioti. At its sixty-fourth session, in 2012, the Commission decided to establish an open-ended Working Group under the chairmanship of Mr. Kriangsak Kittichaisaree, in order to evaluate the progress of work on the topic in the Commission and to explore possible future options for the Commission to take. At that juncture, no Special Rapporteur was appointed in place of Mr. Galicki, who was no longer a member of the Commission. The Working Group was reconstituted at the sixty-fifth and sixty-sixth sessions in 2013 and 2014.

At its sixty-sixth session, in 2014, the Working Group continued to evaluate the work on the topic, particularly in the light of comments made in the Sixth Committee at the sixty-eighth session of the General Assembly on the 2013 report of the of the Working Group. On basis of the work of the Working Group, the Commission adopted the final report on the topic, and decided to conclude its consideration of the topic. (chapter VI of the 2014 report)

Protection of persons in the event of disasters (Summary | Analytical Guide)

The Commission commenced its consideration of the topic in 2008, and proceeded on the basis of eighth reports by the Special Rapporteur, Mr. Eduardo Valencia-Ospina, as well as a memorandum prepared by the Secretariat and comments and observations received from Governments. At its sixty-eighth session, in 2016, the Commission adopted on second reading a set of 18 draft articles on the protection of persons in the event of disasters, together with commentaries thereto, and, in accordance with article 23 of its statute, the Commission recommended to the General Assembly the elaboration of a convention on the basis of the draft articles (chapter IV of the 2016 report).

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

The Commission commenced its consideration of the topic in 2008, and has considered three reports by the former Special Rapporteur, Mr. Roman Kolodkin, as well as a memorandum prepared by the Secretariat, as well as four reports by Ms. Concepción Escobar Hernández, who was appointed as Special Rapporteur in 2012 to replace Mr. Roman Kolodkin. At its sixty-fifth session, in 2013, the Commission had before it the second report of the Special Rapporteur (A/CN.4/661), in which, inter alia, six draft articles were presented, following an analysis of: (a) the scope of the topic and of the draft articles; (b) the concepts of immunity and jurisdiction; (c) the difference between immunity ratione personae and immunity ratione materiae; and (d) identified the basic norms comprising the regime of immunity ratione personae. Following the debate in plenary, the Commission decided to refer the six draft articles to the Drafting Committee. Upon consideration of the report of the Drafting Committee, the Commission provisionally adopted three draft articles, 1 (Scope of the present draft articles/Champ d’application du présent projet d’articles), 3 (Persons enjoying immunity ratione personae/Bénéficiaires de l’immunité ratione personae) and 4 (Scope of immunity ratione personae/Portée de l’immunité ratione personae). (chapter V of the 2013 report)

At its sixty-sixth session, in 2014, the Commission considered the third report of the Special Rapporteur (A/CN.4/673), in which, inter alia, draft article 2 (e), on the definition of State official, and draft article 5, on the Beneficiaries of immunity ratione materiae, were presented. Following the debate in plenary, the Commission decided to refer the two draft articles to the Drafting Committee. Upon consideration of the report of the Drafting Committee, the Commission provisionally adopted draft article 2 (e), on the definition of State official, and draft article 5, on the Persons enjoying immunity ratione materiae (A/CN.4/L.850), together with commentaries thereto. (chapter IX of the 2014 report)

At its sixty-seventh session, in 2015, the Commission considered the fourth report of the Special Rapporteur (A/CN.4/686), which was devoted to the consideration of the remaining aspects of the material scope of immunity ratione materiae, namely what constituted an “act performed in an official capacity”, and its temporal scope. The report contained proposals for draft article 2, subparagraph (f), defining an “act performed in an official capacity” and draft article 6 on the scope of immunity ratione materiae. Following the debate in plenary, the Commission decided to refer the two draft articles to the Drafting Committee. The Commission subsequently received the report of the Drafting Committee (A/CN.4/L.865), and took note of draft articles 2, subparagraph (f), and 6, provisionally adopted by the Drafting Committee (chapter X of the 2015 report). (see statement of the Chairman of the Drafting Committee)

At its sixty-eighth session, in 2016, the Commission had before it the fifth report of the Special Rapporteur (A/CN.4/701), which analysed the question of limitations and exceptions to the immunity of State officials from foreign criminal jurisdiction. Since at the time of its consideration the report was only available to the Commission in two of the six official languages of the United Nations, the debate in the Commission was commenced, involving members wishing to comment on the fifth report at the sixty-eighth session, and was scheduled to be continued at the sixty-ninth session of the Commission (2017). Upon its consideration of the report of the Drafting Committee on work done previously and taken note of by the Commission during its sixty-seventh session (A/CN.4/L.865), the Commission provisionally adopted draft articles 2 (f) and 6, together with commentaries thereto (chap. XI of the 2016 report).

Subsequent agreements and subsequent practice in relation to the interpretation of treaties (Summary | Analytical Guide)

The Commission commenced its consideration of the topic in 2009, with the establishment of a Study Group under the chairmanship of Mr. Georg Nolte. The Study Group held a preliminary discussion in 2009 and continued its consideration of the topic at the sixty-second, sixty-third and sixty-fourth sessions, in 2010 to 2012, respectively. At its sixty-fourth session, in 2012, the Commission decided (a) to change, with effect from its sixty-fifth session (2013), the format of the work; and (b) to appoint Mr. Georg Nolte as Special Rapporteur for the topic “Subsequent agreements and subsequent practice in relation to the interpretation of treaties”.

The Commission subsequently proceeded on the basis of four reports of the Special Rapporteur. At its sixty-eighth session, in 2016, the Commission adopted on first reading a set of 13 draft conclusions, together with commentaries thereto, on subsequent agreements and subsequent practice in relation to the interpretation of treaties, and decided, in accordance with articles 16 to 21 of its Statute, to transmit the draft conclusions, 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 2018 (chapter VI of the 2016 report).

Most-Favoured-Nation clause (Summary | Analytical Guide)

The Commission commenced its consideration of the topic (which had previously been considered by the Commission) in 2009, with the establishment of a Study Group under the co-chairmanship of Mr. Donald McRae and Mr. Rohan Perera. The Study Group held a preliminary discussion in 2009, and continued its consideration of the topic at the sixty-second and sixty-third sessions, in 2010 and 2011, respectively. At its sixty-fourth session, in 2012, the Commission reconstituted the Study Group on The Most-Favoured-Nation clause, under the chairmanship of Mr. Donald M. McRae.

At its sixty-fifth session, in 2013, the Commission re-constituted the Study Group on the topic, which, inter alia, continued to examine the various factors that seemed to influence investment tribunals in interpreting MFN clauses, on the basis, inter alia, of contemporary practice and jurisprudence, in particular Daimler Financial Services AG v. Argentine Republic and Kiliç Insaat Ithalat Ihracat Sanayi ve Ticaret Anonim Sirketi v. Turkmenistan. (chap. XI of the 2013 report).

At its sixty-sixth session, in 2014, the Commission reconstituted the Study Group on the topic. The Study Group began it consideration of the draft final report, prepared by its Chairman, based on the working papers and other informal documents that had been considered by the Study Group in the course of its work since it began deliberations in 2009. (chapter XIII of the 2014 report). At its sixty-seventh session, in 2015, the Commission reconstituted the Study Group on the topic, and the Chairman of the Study Group, Mr. Donald M. McRae, introduced the final report of the Study Group on the topic (A/CN.4/L.852).

At its sixty-seventh session, in 2015, the Commission received and welcomed with appreciation the final report on the work of the Study Group on The Most-Favoured-Nation clause and endorsed the summary conclusions of the Study Group. The Commission commended the final report to the attention of the General Assembly, and encouraged its widest possible dissemination. The Commission thus concluded its consideration of the topic (chapter IV of the 2015 report).

Provisional applications of treaties (Summary | Analytical Guide)

At its sixty-fourth session, in 2012, the Commission decided to include the topic in its programme of work and appointed Mr. Juan Manuel Gómez-Robledo as Special Rapporteur.

At its sixty-fifth session, in 2013, the Commission had before it the first report of the Special Rapporteur (A/CN.4/664) which sought to establish, in general terms, the principal legal issues that arose in the context of the provisional application of treaties by considering doctrinal approaches to the topic and briefly reviewing the existing State practice. The Commission also had before it a memorandum by the Secretariat which traced the negotiating history of article 25 both in the Commission and at the Vienna Conference on the Law of Treaties (A/CN.4/658). The debate revolved around the purpose of the provisional application of treaties, and the elaboration of specific issues to be considered in the future reports of the Special Rapporteur (chap. VIII of the 2013 report). At its sixty-sixth session, in 2014, the Commission had before it the second report of the Special Rapporteur (A/CN.4/675) that sought to provide a substantive analysis of the legal effects of the provisional application of treaties. The debate revealed broad agreement that the basic premise underlying the topic was that, subject to the specificities of the treaty in question, the rights and obligations of a State which had decided to provisionally apply the treaty, or parts thereof, were the same as if the treaty were in force for that State). (chapter XII of the 2014 report)

At its sixty-seventh session, in 2015, the Commission the Commission had before it the third report of the Special Rapporteur (A/CN.4/687), which considered the relationship of provisional application to other provisions of the Vienna Convention on the Law of Treaties of 1969, and the question of provisional application with regard to international organizations. The Commission also had before it a memorandum (A/CN.4/676), prepared by the Secretariat, on provisional application under the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986. The Commission referred six draft guidelines, proposed by the Special Rapporteur, to the Drafting Committee. The Commission subsequently received an interim oral report, presented by the Chairman of the Drafting Committee, on draft guidelines 1 to 3, provisionally adopted by the Drafting Committee, and which was presented to the Commission for information only (chapter XI of the 2015 report).

At its sixty-eighth session, in 2016, the Commission had before it the fourth report of the Special Rapporteur (A/CN.4/699 and Add.1), which continued the analysis of the relationship of provisional application to other provisions of the 1969 Vienna Convention and of the practice of international organizations with regard to provisional application. The report included a proposal for a draft guideline 10 on internal law and the observation of provisional application of all or part of a treaty. The addendum to the report contained examples of recent European Union practice on provisional application of agreements with third States. The Commission decided to refer draft guideline 10, as contained in the fourth report of the Special Rapporteur, to the Drafting Committee. The Commission subsequently received the report of the Drafting Committee (A/CN.4/L.877), as presented by the Chairperson of the Drafting Committee, and took note of draft guidelines 1 to 4 and 6 to 9, provisionally adopted by the Drafting Committee during the sixty-seventh and sixty-eighth sessions. Draft guideline 5 on unilateral declarations had been kept in abeyance by the Drafting Committee to be returned to at a later stage (chap. XII of the 2016 report).

Identification of customary international law (Summary | Analytical Guide)

At its sixty-fourth session, in 2012, the Commission decided to include the topic in its programme of work and appointed Mr. Michael Wood as Special Rapporteur.

The Commission subsequently proceeded on the basis of four reports of the Special Rapporteur. At its sixty-eighth session, in 2016, the Commission adopted on first reading a set of 16 draft conclusions, together with commentaries thereto, on identification of customary international law, and decided, in accordance with articles 16 to 21 of its Statute, to transmit the draft conclusions, 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 2018 (chapter V of the 2016 report).

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

At its sixty-fifth session, in 2013, the Commission decided to include the topic in its programme of work, and appointed Ms. Marie G. Jacobsson as Special Rapporteur. The Special Rapporteur presented the Commission with a series of informal working papers with a view to initiating an informal dialogue with members of the Commission on a number of issues that could be relevant for the development and consideration of the work on the topic. Issues addressed in the informal consultations included, inter alia, scope and methodology, the possible outcome of the Commission's work, as well as a number of substantive issues relating to the topic (chap. IX of the 2013 report). At its sixty-sixth session, in 2014, the Commission had before it the preliminary report of the Special Rapporteur (A/CN.4/674 and Corr.1), which, inter alia, presented an overview of views expressed by delegates in the Sixth Committee of the General Assembly, practice of States and international organizations, scope and methodology, use of terms, environmental principles, and issues relating to human and indigenous rights. The debate in the plenary addressed, among other issues, scope and methodology, use of terms, environmental principles, and human and indigenous rights. (chapter XI of the 2014 report)

At its sixty-seventh session, in 2015, the Commission had before it the second report of the Special Rapporteur (A/CN.4/685), which, inter alia, identified and examined existing rules of armed conflict directly relevant to the protection of the environment in relation to armed conflict. The report contained five draft principles and three draft preambular paragraphs relating to the scope and purpose of the draft principles as well as use of terms. Following the debate in Plenary, the Commission decided to refer the draft preambular paragraphs and the draft principles, as contained in the report of the Special Rapporteur, to the Drafting Committee, with the understanding that the provision on use of terms was referred for the purpose of facilitating discussions and was to be left pending by the Drafting Committee. The Commission subsequently received the report of the Drafting Committee (A/CN.4/L.870), and took note of the draft introductory provisions and draft principles I-(x) to II-5, provisionally adopted by the Drafting Committee (chapter IX of the 2015 report). (see statement of the Chairman of the Drafting Committee)

At its sixty-eighth session, in 2016, the Commission had before it the third report of the Special Rapporteur (A/CN.4/700), which focused on identifying rules applicable in post-conflict situations, while also addressing some preventive issues to be undertaken in the pre-conflict phase. The report contained three draft principles on preventive measures, five draft principles concerning primarily the post-conflict phase and one draft principle on the rights of indigenous peoples. The Commission decided to refer the draft principles, as contained in the report of the Special Rapporteur, to the Drafting Committee. The Commission subsequently received the report of the Drafting Committee (A/CN.4/L.876), as presented by the Chairperson of the Drafting Committee, and took note of draft principles 4, 6, 7, 8, 14, 15, 16, 17 and 18, provisionally adopted by the Drafting Committee. Furthermore, the Commission provisionally adopted the draft principles it had taken note of during its sixty-seventh session, which had been renumbered and revised for technical reasons (A/CN.4/L.870/Rev.1) by the Drafting Committee at the present session, together with commentaries thereto (chap. X of the 2016 report).

Protection of the atmosphere (Summary | Analytical Guide)

At its sixty-fifth session, in 2013, the Commission decided to include the topic in its programme of work, and to appoint Mr. Shinya Murase as Special Rapporteur for the topic, subject to the following understanding:

"(a) Work on the topic will proceed in a manner so as not to interfere with relevant political negotiations, including on climate change, ozone depletion, and long-range transboundary air pollution. The topic will not deal with, but is also without prejudice to, questions such as: liability of States and their nationals, the polluter-pays principle, the precautionary principle, common but differentiated responsibilities, and the transfer of funds and technology to developing countries, including intellectual property rights; (b) The topic will also not deal with specific substances, such as black carbon, tropospheric ozone, and other dual-impact substances, which are the subject of negotiations among States. The project will not seek to “fill” gaps in the treaty regimes; (c) Questions relating to outer space, including its delimitation, are not part of the topic; (d) The outcome of the work on the topic will be draft guidelines that do not seek to impose on current treaty regimes legal rules or legal principles not already contained therein.

The Special Rapporteur’s reports would be based on such understanding." (chapter XII, sect. A.1 of the 2013 report)

At its sixty-sixth session, in 2014, the Commission considered the first report of the Special Rapporteur (A/CN.4/667). The report addressed the general objective of the project, including providing the rationale for work on the topic, delineating its general scope, identifying the relevant basic concepts and offering perspectives and approaches to be taken with respect to the subject; and presented three draft guidelines concerning (a) the definition of the term “atmosphere; (b) the scope of the draft guidelines; and (c) the legal status of the atmosphere. Following the debate in plenary, the referral of the draft guidelines to the Drafting Committee was deferred, at the request of the Special Rapporteur, until the following session. (chapter VIII of the 2014 report)

At its sixty-seventh session, in 2015, the Commission had before it the second report of the Special Rapporteur (A/CN.4/681 and Corr.1 (Chinese only)), which, upon a further analysis of the draft guidelines submitted in the first report, presented a set of revised draft guidelines relating to the use of terms, the scope of the draft guidelines, and the common concern of humankind, as well as draft guidelines on the general obligation of States to protect the atmosphere and on international cooperation. Following the debate in Plenary, the Commission decided to refer draft guidelines 1, 2, 3 and 5 to the Drafting Committee with the understanding that draft guideline 3 be considered as part of a preamble. The Special Rapporteur proposed to defer the referral by the Commission of draft guideline 4 to the Drafting Committee to the next session. Upon consideration of the report of the Drafting Committee (A/CN.4/L.851), the Commission provisionally adopted, as orally revised,  draft guidelines 1 (Use of terms/Définition), 2 (Scope of the guidelines/Champ d’application des directives) and 5 (International cooperation/Coopération internationale), together with commentaries thereto (chapter V of the 2015 report)

At its sixty-eighth session, in 2016, the Commission had before it the third report of the Special Rapporteur (A/CN.4/692), which, building upon the previous two reports, analysed several key issues relevant to the topic, namely, the obligations of States to prevent atmospheric pollution and mitigate atmospheric degradation and the requirement of due diligence and environmental impact assessment. The report also explored questions concerning sustainable and equitable utilization of the atmosphere, as well as the legal limits on certain activities aimed at intentional modification of the atmosphere. Consequently, 5 draft guidelines were proposed on the obligation of States to protect the environment, environmental impact assessment, sustainable utilization of the atmosphere, equitable utilization of the atmosphere, and geo-engineering, together with an additional preambular paragraph. Following the debate in the Commission, which was preceded by a dialogue with scientists organized by the Special Rapporteur, the Commission decided to refer the 5 draft guidelines, together with the preambular paragraph, as contained in the Special Rapporteur’s third report, to the Drafting Committee. Upon its consideration of the report of the Drafting Committee (A/CN.4/L.875), as presented by the Chairperson of the Drafting Committee, the Commission considered and provisionally adopted draft guidelines 3, 4, 5, 6 and 7 and a preambular paragraph, together with commentaries thereto (chap. VIII of the 2016 report).

Crimes against humanity (Summary | Analytical Guide)

At its sixty-sixth session, in 2014, the Commission decided to include the topic in its programme of work, and to appoint Mr. Sean D. Murphy as Special Rapporteur for the topic. (chapter XIV, sect. A.1 of the 2014 report)

At its sixty-seventh session, in 2015, the Commission had before it the first report of the Special Rapporteur (A/CN.4/680 + Corr.1), which contained, inter alia, two draft articles relating respectively to the prevention and punishment of crimes against humanity and to the definition of crimes against humanity. Following the debate in Plenary, the Commission decided to refer draft articles 1 and 2 to the Drafting Committee. Upon consideration of the report of the Drafting Committee (A/CN.4/L.853), the Commission provisionally adopted, as orally revised, draft articles 1 (Scope/Champ d’application), 2 (General obligation/Obligation générale), 3 (Definition of crimes against humanity/Définition des crimes contre l’humanité) and 4 (Obligation of prevention/Obligation de prévention), together with commentaries thereto (chapter VII of the 2015 report).

At its sixty-eighth session, in 2016, the Commission had before it the second report of the Special Rapporteur, Mr. Sean D. Murphy, on the topic (A/CN.4/690), as well as the memorandum by the Secretariat providing information on existing treaty-based monitoring mechanisms which may be of relevance to the future work of the International Law Commission (A/CN.4/698). The second report addressed, inter alia, criminalization under national law, establishment of national jurisdiction, general investigation and cooperation for identifying alleged offenders, exercise of national jurisdiction when an alleged offender is present, aut dedere aut judicare and fair treatment of an alleged offender. The report contained corresponding proposals for draft articles 5, 6, 7, 8, 9 and 10. The Commission decided to refer draft articles 5 to 10 to the Drafting Committee taking into account the observations and comments made during the debate. The Chairman of the Drafting Committee subsequently presented the report of the Drafting Committee on “Crimes against humanity" (A/CN.4/L.873). Upon consideration of the report of the Drafting Committee (A/CN.4/L.873), the Commission provisionally adopted draft articles 5 to 10, together with commentaries thereto. The Commission also decided to refer to the Drafting Committee the question of the liability of legal persons. Following its consideration of a further report of the Drafting Committee (A/CN.4/L.873/Add.1), as presented by the Chairperson of the Drafting Committee, the Commission provisionally adopted paragraph 7 of draft article 5, together with the commentary thereto (chap. VII of the 2016 report).

Jus cogens (Summary | Analytical Guide)

At its sixty-seventh session, in 2015, the Commission decided to include the topic in its programme of work, and to appoint Mr. Dire D. Tladi as Special Rapporteur for the topic.

At its sixty-eighth session, in 2016, the Commission had before it the first report of the Special Rapporteur (A/CN.4/693), which addressed conceptual issues relating to peremptory norms (jus cogens), including their nature and definition, and traced the historical evolution of peremptory norms and, prior to that, the acceptance in international law of the elements central to the concept of peremptory norms of global international law. The report further raised a number of methodological issues on which the Commission was invited to comment, and reviewed the debates held in the Sixth Committee in 2014 and 2015. The Commission subsequently decided to refer the draft conclusions, contained in the report of the Special Rapporteur, to the Drafting Committee. The Commission subsequently took note of the interim report of the Chairperson of the Drafting Committee on draft conclusions 1 and 2 provisionally adopted by the Committee, which was submitted to the Commission for information (chap. IX of the 2016 report).

* The information on this page reflects the status as of the date indicated, and will be updated three times per year: shortly before the annual session, after the first part of the annual session, and after the conclusion of the annual session.