Summaries of the Work of the International Law Commission
Responsibility of international organizations
See also: Analytical Guide | Texts and Instruments
At its fifty-second session, in 2000, the Commission, on the basis of the recommendation of the Working Group on the long-term programme of work, concluded that the topic “Responsibility of international organizations” was appropriate for inclusion in its long-term programme of work.1 A syllabus describing the possible overall structure of, and approach to, the topic was annexed to that year’s report of the Commission.2
The General Assembly, in resolution 55/152 of 12 December 2000, took note of the Commission’s report concerning its long-term programme of work. In resolution 56/82 of 12 December 2001, the Assembly requested the Commission to begin its work on the topic.
At its fifty-fourth session, in 2002, the Commission decided to include the topic in its programme of work, to appoint Giorgio Gaja as Special Rapporteur for the topic, and to establish a Working Group on the topic.3 The Working Group considered the following issues: (a) the scope of the topic, including the concepts of responsibility and international organizations; (b) relations between the topic of responsibility of international organizations and the articles on State responsibility; (c) questions of attribution; (d) questions of responsibility of Member States for conduct that is attributed to an international organization; (e) other questions concerning the arising of responsibility for an international organization; (f) questions of content and implementation of international responsibility; (g) settlement of disputes; and (h) the practice to be taken into consideration. The Working Group recommended that the Secretariat approach international organizations with a view to collecting relevant materials, especially on questions of attribution and the responsibility of Member States for conduct that is attributed to an international organization.4
The General Assembly, in resolution 57/21 of 19 November 2002, took note of the Commission’s decision to include the topic in its programme of work.
From its fifty-fifth to sixty-first sessions, held from 2003 to 2009, the Commission had received and considered seven reports from the Special Rapporteur,5 as well as comments and observations received from Governments and international organizations,6 and provisionally adopted draft articles 1 to 66, with commentaries thereto.7 Working Groups were also established at the fifty-fifth session, in 2003, to consider the Special Rapporteur’s proposal for draft article 2, as well as to provide guidance to the Special Rapporteur on his next report;8 and at the fifty-seventh session, in 2005, to consider draft articles 8 and 16, as proposed by the Special Rapporteur.9
At its sixty-first session, in 2009, the Commission adopted a set of 66 draft articles on the responsibility of international organizations on first reading, together with commentaries.10 The Commission decided, in accordance with articles 16 to 21 of its Statute, to transmit the draft articles, through the Secretary-General, to Governments and international organizations for comments and observations, with the request that such comments and observations be submitted to the Secretary-General by 1 January 2011.11
At the sixty-third session, in 2011, the Commission adopted, on second reading, a set of 67 draft articles, together with commentaries thereto, on the responsibility of international organizations.12 In so doing, the Commission had before it the eighth report of the Special Rapporteur,13 surveying the comments made by Governments14 and international organizations15 on the draft articles adopted on first reading in 2009, and making recommendations for consideration by the Commission during the second reading. The draft articles were divided into six parts, as follows: Part I entitled “Introduction” (articles 1 and 2 on scope and use of terms, respectively); Part II entitled “The internationally wrongful act of an international organization” (articles 3 to 27 on general principles, attribution of conduct to an international organization, breach of an international obligation, responsibility of an international organization in connection with the act of a State or another international organization, and circumstances precluding wrongfulness); Part III entitled “Content of the international responsibility of an international organization” (articles 28 to 42 on general principles, reparation for injury, and serious breaches of obligation under pre-emptory norms of general international law); Part Four entitled “The implementation of the international responsibility of an international organization” (articles 43 to 57 on invocation of the responsibility of an international organization and countermeasures); Part V entitled “Responsibility of a State in connection with the conduct of an international organization“(article 58 to 63); and Part VI entitled “General provisions” (articles 64 to 67).
In accordance with article 23 of its Statute, the Commission recommended to the General Assembly (a) to take note of the draft articles in a resolution, and to annex them to the resolution, and (b) to consider, at a later stage, the elaboration of a convention on the basis of the draft articles.16
In resolution 66/100 of 9 December 2011, the General Assembly took note of the articles on the responsibility of international organizations, the text of which was annexed to the resolution, and commended them to the attention of Governments and international organizations without prejudice to the question of their future adoption or other appropriate action. It further decided to return to the topic at its sixty-ninth session, in 2014, with a view to examining, inter alia, the question of the form that might be given to the draft articles.
In resolution 69/126 of 10 December 2014, the General Assembly 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 and international organizations to submit information on their practice and written comments on any future action regarding the articles.17 The Assembly also decided to include the topic in the provisional agenda of its seventy-second session, in 2017, with a view to examining, inter alia, the question of the form that might be given to the draft articles.
In resolutions 72/122 of 7 December 2017 and 75/143 of 15 December 2020, the Assembly requested the Secretary-General to update the compilation of decisions and to invite Governments and international organizations to submit information on their practice and written comments on any future action regarding the articles.18 It also decided to include the topic in the respective provisional agendas of its seventy-fifth (2020) and seventy-eighth (2023) sessions, with a view to examining, inter alia, the question of the form that might be given to the draft articles.
1 See Yearbook … 2000, vol. II (Part Two), paras. 726–728 and 729 (1).
3 See Yearbook … 2002, vol. II (Part Two), document A/57/10, paras. 18, 461–463, 517 and 519.
5 See Yearbook … 2003, vol. II (Part One), document A/CN.4/532; Yearbook … 2004, vol. II (Part One), document A/CN.4/541; Yearbook … 2005, vol. II (Part One), document A/CN.4/553; Yearbook … 2006, vol. II (Part One), document A/CN.4/564 and Add.1 and 2; Yearbook … 2007, vol. II (Part One), document A/CN.4/583; Yearbook … 2008, vol. II (Part One), document A/CN.4/597; and Yearbook … 2009, vol. II (Part One), document A/CN.4/610.
6 See Yearbook … 2004, vol. II (Part One), documents A/CN.4/545; Yearbook … 2005, vol. II (Part One), documents A/CN.4/547 and A/CN.4/556; Yearbook … 2006, vol. II (Part One), document A/CN.4/568 and Add.1; Yearbook … 2007, vol. II (Part One), document A/CN.4/582; Yearbook … 2008, vol. II (Part One), document A/CN.4/593 and Add.1; and Yearbook … 2009, vol. II (Part One), document A/CN.4/609.
7 See Yearbook … 2006, vol. II (Part Two), para. 90. For the commentaries to: draft articles 1 to 3, see Yearbook … 2003, vol. II (Part Two), document A/58/10 para. 54; draft articles 4 to 7, see Yearbook … 2004, vol. II (Part Two), para. 72; draft articles 8 to 16 [15], see Yearbook … 2005, vol. II (Part Two), para. 206; draft articles 17 to 30, see Yearbook … 2006, vol. II (Part Two), para. 91; draft articles 31 to 45, see Yearbook … 2007, vol. II (Part Two), para. 344; draft articles 46 to 53, see Yearbook … 2008, vol. II (Part Two), para. 165; and draft articles 2, 4, 8, 15, 15 bis, 18, 19, 54 to 60, 3, 3 bis, 28, paragraph 1, and 61 to 64, see Yearbook … 2009, vol. II (Part Two), para. 51 (reproducing all the draft articles and commentaries as adopted on first reading in 2009).
8 See Yearbook … 2003, vol. II (Part Two), paras. 47–48 and 51.
9 See Yearbook … 2005, vol. II (Part Two), para. 201.
10 See Yearbook … 2009, vol. II (Part Two), paras. 46–47 and 50–51.
12 See Yearbook … 2011, vol. II (Part Two), paras. 82–83 and 87–88.
13 See Yearbook … 2011, vol. II (Part One), document A/CN.4/640.
14 See ibid., document A/CN.4/636 and Add.1.
15 See ibid., document A/CN.4/637 and Add.1.
16 See Yearbook … 2011, vol. II (Part Two), para. 85.