In the late nineteen-eighties there was – at least among developed countries – great public concern over the abuse of diplomatic privileges and immunities, and in particular, abuse of the protection from scrutiny given by international law to the diplomatic bag. Concern over use of the bag for smuggling drugs and prohibited goods was long-standing but was greatly increased by notorious incidents where the bag was used to transfer weapons (London, in 1984, following the shooting of a policewoman from the Libyan diplomatic mission), a suspected spy (Rome, in 1964, where a drugged suspect spy was discovered by opening an Egyptian bag) and an ex-Minister suspected of corruption (London Stansted Airport, 1984, where a crate considered not to be a diplomatic bag, as it lacked official seals but was about to be loaded onto a government plane bound for Nigeria, was discovered to contain the kidnapped and drugged ex-Minister wanted for trial in Lagos). Article 27.4 of the Vienna Convention on Diplomatic Relations (hereinafter “VCDR”) provides that the diplomatic bag may contain only “diplomatic documents or articles intended for official use”, but compliance cannot be verified since article 27.3 provides that the bag “shall not be opened or detained” – and the order of the two paragraphs was deliberately designed to avoid any suggestion that the protection given to the bag was conditional on compliance as to its contents.

The 1987 Conference on Drug Abuse and Illicit Trafficking drew the attention of the International Law Commission (hereinafter “ILC”) to the danger of abuse of the diplomatic bag for carriage of illegal drugs (Yearbook of the International Law Commission, 1988, vol. II (Part Two), p. 91). The United Nations General Assembly had already requested the ILC to draw up a Protocol to supplement the provisions of the VCDR as regards the diplomatic courier and diplomatic bag (General Assembly resolution 31/76 of 13 December 1976). Draft articles were adopted by the ILC in 1989 and the ILC recommended to the General Assembly that it should convene an international conference with a view to the conclusion of a convention (Yearbook of the International Law Commission, 1989, vol. II (Part Two), p. 13). But no such conference has ever been convened, due to the strong reluctance of certain Member States, and the draft articles have remained in limbo. Most States have been content with the rules set out in the relevant Conventions which vary according to the perceived need for protection for diplomatic, consular and international organization communications, and some aspects – in particular the possibility of scanning or supervised opening of a suspect bag – have been clarified by later State practice.

In 1980, Mr. Yankov from Bulgaria was appointed as Special Rapporteur on the topic of bags and couriers, and in 1980, he submitted a preliminary report to the ILC. He argued that the increasing frequency of violations of diplomatic law required comprehensive regulation of all types of official couriers and bags so as to confer the same degree of international protection on all kinds of official communications (Yearbook of the International Law Commission, 1980, vol. II (Part One), p. 245). The limited results of this codification exercise may be traced back to the failure of the ILC either in 1980 or subsequently in the light of consistent criticism from States to determine whether this proposition was correct. Instead, Mr. Yankov was authorized to submit draft articles to the ILC, and the articles submitted by him standardized treatment of couriers and bags giving a high degree of protection regardless of whether they were diplomatic, consular or sent to or from special missions or international organizations. Whereas the many successful enterprises begun by the ILC have resulted from faithful reflection of State practice and constructive dialogue with United Nations Member States, this was not the case with the draft articles on couriers and bags. Western Governments, such as Canada, France, Federal Republic of Germany, Italy, The Netherlands and the United States, argued in comments to the ILC that the existing regime set out in the VCDR well reflected State practice and struck the right balance between the interests of sending and receiving States in protecting sensitive communications and minimizing abuse. The different standards applied to consular bags by the Vienna Convention on Consular Relations (hereinafter “VCCR”), by the New York Convention on Special Missions and by various instruments giving privileges and immunities to international organizations were a conscious attempt to reflect the likelihood of a less sensitive character in the communications and items carried, and it was undesirable to standardize them in the interests of uniformity (Yearbook of the International Law Commission, 1988, vol. I, p. 178; Yearbook of the International Law Commission, 1988, vol. II (Part One), p. 131, 133, 138, 140, 144, 145, 146).

In 1989, the ILC completed its draft articles and recommended to the General Assembly that they should be adopted as a separate “convention constituting a distinct legal instrument… keeping an appropriate legal relationship with the codification conventions” (Yearbook of the International Law Commission, 1989, vol. II (Part Two), p. 13). Diplomatic and consular bags and couriers were covered by the main set of draft articles, and there were two optional protocols to cover couriers and bags of special missions and couriers and bags of international organizations of a universal character. However, when these draft articles were considered by the Sixth Committee of the General Assembly, only a few States favoured the option of a convention largely standardizing the treatment of bags and couriers at the higher diplomatic level. Because of deadlock in 1992, the item was adjourned for three years, and in 1995, the United Nations General Assembly concluded its consideration of the item and drew the attention of Member States to the draft articles as “a field of international law that may be subject to codification at an appropriate time in the future” (General Assembly decision 50/416 of 11 December 1995). There has never been the necessary support for the convening of an international conference to prepare such a convention or indeed for any other action on the matter. It follows that the principal value of the ILC exercise lay in the evidence it supplied of State practice on a number of controversial issues. Most important among these are the identification of diplomatic bags and the legality of scanning them or otherwise seeking to identify unauthorized items within them.

The draft articles are best considered in the light of article 27 of the VCDR and article 35 of the VCCR – provisions applied among virtually all States for over 50 years. The VCDR requires that the bag shall not be opened or detained and specifies that it shall contain only documents or articles intended for official use. Such articles may include bulky items, such as cipher machines or photocopiers. Regulations of the sending State define which items may be classed as “intended for official use”, and these should have regard to the laws of the relevant State and in particular, those on import or export. The bag must bear visible external marks of its character – under general international practice these are labels showing origin and destination and official seals or locks. Diplomatic couriers must be provided with official documents showing their status and the number of packages constituting the diplomatic bag, and they are entitled to personal inviolability. Diplomatic couriers ad hoc may be appointed, and they are entitled to similar immunity until delivery of the bag. If a diplomatic bag is entrusted to the captain of a commercial aircraft, he must also be provided with a document showing the number of packages constituting the bag but shall not be considered to be a diplomatic courier. The mission may send one of its members to collect the bag directly and freely from the captain. For consular bags, article 35 of the VCCR is in substantially the same terms except that, first, it also permits the bag to be entrusted to the captain of a ship (a provision generally regarded as a clarification and also applied to diplomatic bags). Secondly, in case of suspicion as to the contents of the bag, the authorities of the receiving State may request that it be opened in their presence by an authorized representative of the sending State, and if the request is refused, the bag must be returned to its place of origin.

For the most part, the ILC draft articles reflect these provisions of the VCDR and VCCR. As to couriers, however, additional provisions place restrictions on their nationality (article 9) and allow them to be declared persona non grata (article 12). Their temporary accommodation is to be inviolable (article 17) subject to rather complex exceptions, and they are given limited immunity from jurisdiction and exemption from customs duties and baggage inspection. Given the short time generally spent by couriers in the receiving State before returning in charge of new bags, these additional privileges and immunities were seen by the States most concerned as unnecessary and burdensome.

As to the more important question of bags, the draft articles, for the most part, also reflect the provisions of the VCDR and VCCR. The key draft article 28, however, gives a higher level of protection to a diplomatic (but not a consular) bag, providing that it “shall be inviolable wherever it may be; it shall not be opened or detained and shall be exempt from examination directly or through electronic or other technical devices.” The ILC commentary correctly pointed out that “the evolution of technology had created means of examination which might result in the violation of the confidentiality of the bag, means which furthermore were at the disposal of only the most developed States.” The commentary also made clear that the high level of protection does not rule out non-intrusive means of examination, such as sniffer dogs, in case of suspicion that a bag carries narcotic drugs. Draft article 28, with its commentary, correctly reflected State practice as it had evolved since the entry into force of the VCDR (Yearbook of the International Law Commission, 1989, vol. II (Part 2), pp. 42- 43).

Generally speaking, the ILC in considering a topic give continuous and careful thought to the final form their work might take, and they are receptive to the formal comments submitted by Governments. In this particular case, the ILC fell short of its usual standards in both these respects, and it followed that the draft articles have had only limited influence on subsequent practice regarding the diplomatic courier and diplomatic and consular bags. The information submitted by Governments has been of value in providing authoritative evidence of State practice. Article 28, in providing that diplomatic bags should be exempt from electronic scanning, resolved a question which caused controversy and practical difficulties in the early years of the VCDR and has been a helpful guide which clarified emerging customary practice. In recent years, there has been less emphasis on the security of diplomatic bags, because increasing use of electronic communications by Governments and their overseas missions has meant that fewer sensitive messages are sent by bags. Concern over interception or covert opening of bags has been replaced by increasing concern over interception and leaking of electronic messages.

Upon the recommendation of the Sixth Committee at its thirtieth session, in 1975, the General Assembly, by resolution 3501 (XXX) of 15 December 1975, while reaffirming the need for strict implementation by States of the provisions of the 1961 Vienna Convention on Diplomatic Relations, deplored instances of violations of the rules of international diplomatic law and, in particular, of the provisions of that Convention. It further invited Member States to submit to the Secretary-General their comments and observations on ways and means to ensure the implementation of the provisions of the Convention as well as on the desirability of elaborating provisions concerning the status of the diplomatic courier.

Following a further recommendation by the Sixth Committee made at the thirty-first session, in 1976, by resolution 31/76 of 13 December 1976, the General Assembly, concerned at continuing instances of violations of the rules of diplomatic law relating, in particular, to the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, again invited Member States, inter alia, to comment on the desirability of elaborating provisions concerning the status of the diplomatic courier with due regard also to the question of the status of the diplomatic bag not accompanied by diplomatic courier. At the same time, the Assembly requested the International Law Commission at the appropriate time to study the proposals made or to be made by Member States on the elaboration of a protocol concerning the status of such courier and bag, which would constitute development and concretization of the Vienna Convention on Diplomatic Relations.

The Commission accordingly included in the agenda of its twenty-ninth session, in 1977, an item entitled “Proposals on the elaboration of a protocol concerning the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier”, and established a Working Group to ascertain the most suitable ways and means of dealing with the topic. The Working Group agreed to recommend a number of conclusions to the Commission (A/CN.4/305), including the following: (1) the topic should be inscribed on the Commission’s programme of work for study, as requested by the General Assembly; (2) the Commission should undertake the study of the topic at its next session without curtailing the time allocated for the consideration of the topics on the current programme of work to which priority had been given pursuant to the relevant recommendations of the General Assembly and the corresponding decisions of the Commission; and (3) in order to fulfill this aim, it would seem more appropriate for the Commission to adopt a procedure similar, mutatis mutandis, to the one it followed with respect to the protection and inviolability of diplomatic agents and other persons by having the Working Group undertake the first stage of the study of the topic and report thereon to the Commission without appointing a Special Rapporteur. The Commission approved the conclusions reached by the Working Group concerning the ways and means of dealing with the item (see Yearbook of the International Law Commission, 1977, vol. II (2), paras. 83 and 84).

At its thirtieth session, in 1978, the Commission reconvened the Working Group, which studied at that session the proposals for the elaboration of a protocol as well as the relevant provisions of the 1961 Vienna Convention on Diplomatic Relations, the 1963 Vienna Convention on Consular Relations, the 1969 Convention on Special Missions, and the 1975 Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character. The Working Group adopted as its basic position that the relevant provisions of those conventions, if any, should form the basis for any further study of the question. The Working Group tentatively identified the relevant issues relating to the diplomatic courier and the diplomatic bag and considered the extent to which these issues were covered by the conventions. Although the issues were formulated to apply to the “diplomatic” courier and the “diplomatic” bag as requested by the General Assembly, some members of the Working Group were of the view that the issues were also relevant to other couriers and bags and should eventually be extended to them as well. The Commission included the report of the Working Group (A/CN.4/L.285) in its report to the General Assembly on the session (see Yearbook of the International Law Commission, 1978, vol. II (2), paras. 137–144).

At its thirty-third session, in 1978, the General Assembly discussed the results of the Commission’s work under two separate agenda items in the Sixth Committee, namely “Implementation by States of the provisions of the Vienna Convention on Diplomatic Relations of 1961: report of the Secretary-General” (item 116) and “Report of the International Law Commission on the work of its thirtieth session” (item 114). In resolution 33/139 on the latter item, adopted on 19 December 1978, the General Assembly recommended that the Commission should continue the study, including those issues it had already identified, concerning the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, in the light of comments made during the debate on the item in the Sixth Committee at the thirty-third session of the General Assembly and comments to be submitted by Member States, with a view to the possible elaboration of an appropriate legal instrument. With regard to the former item, the Assembly adopted, on the same day, resolution 33/140. The Assembly noted with appreciation the study by the Commission of the proposals on the elaboration of a protocol which could constitute a further development of international diplomatic law and decided that it would give further consideration to this question. The Assembly also expressed the view that, unless Member States indicated the desirability of an earlier consideration, it would be appropriate to do so when the International Law Commission submitted to the Assembly the results of its work on the possible elaboration of an appropriate legal instrument on the topic.

At its thirty-first session, in 1979, the Commission again re-established a Working Group, which studied issues on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. The results of the study were set out in the Commission’s report to the General Assembly (see Yearbook of the International Law Commission, 1979, vol. II (Part Two), chapter VI, sections B to D), recommending that draft articles should be prepared. At the same session, the Commission decided to appoint Mr. Alexander Yankov as Special Rapporteur for the topic.

The Commission proceeded with its work on the topic from its thirty-second to thirty-eighth sessions and at its fortieth and forty-first sessions, from 1980 to 1986 and in 1988 and 1989, respectively. In connection with its consideration of the topic, the Commission had before it the reports of the Special Rapporteur, in which draft articles on the topic were proposed (A/CN.4/335, A/CN.4/347 and Add.1 and 2, A/CN.4/359 and Add.1, A/CN.4/374 and Add.1-4, A/CN.4/382, A/CN.4/390, A/CN.4/400 and A/CN.4/417), information provided by Governments (A/CN.4/321 and Add.1-7, A/CN.4/356 and Add.1-3, A/CN.4/372 and Add.1 and 2, A/CN.4/379 and Add.l, A/CN.4/409 and Add. 1-5 and A/CN.4/420) as well as documents prepared by the Secretariat (A/CN.4/300 and A/CN.4/WP.4 and 5).

The Commission began the first reading of the draft articles at its thirty-third session, in 1981, which was completed at its thirty-eighth session, in 1986. The draft adopted on first reading was transmitted, in accordance with articles 16 and 21 of the Commission’s Statute, through the Secretary-General, to Governments for comments and observations. The Sixth Committee discussed the draft articles at its thirty-sixth (1981), thirty-seventh (1982), thirty-eighth (1983), thirty-ninth (1984), fortieth (1985) and forty-first (1986) sessions.

The General Assembly, in resolutions 41/81 of 3 December 1986, and 42/156 of 7 December 1987, inter alia, urged Governments to give full attention to the request of the Commission for comments and observations on the draft articles adopted on first reading by the Commission.

At its fortieth session, in 1988, the Commission began the second reading of the draft articles. It re-examined the draft articles on the basis of the eighth report submitted by the Special Rapporteur (A/CN.4/417). In that report, the Special Rapporteur analysed the comments and observations of Governments in connection with each draft article and proposed the revision of certain draft articles. In his view, the elaboration of the draft articles should be based on a comprehensive approach leading to a coherent and, as much as possible, uniform regime concerning all kinds of couriers and bags. He also underscored the significance that should be attached to functional necessity as the basic factor in determining the status of all kinds of couriers and bags. These considerations of the Special Rapporteur were generally shared by the Commission.

At its forty-first session, in 1989, the Commission adopted the final text of thirty-two draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, as a whole, as well as a draft optional protocol on the status of the courier and the bag of special missions, and a draft optional protocol on the status of the courier and the bag of international organizations of a universal character, with commentaries thereto (see Yearbook of International Law Commission, 1989, vol. II (Part Two), paras. 30 and 72). In accordance with article 23 of its Statute, the Commission decided to recommend to the General Assembly that it convene an international conference of plenipotentiaries to study the draft articles and the optional protocols and to conclude a convention on the subject (see Yearbook of International Law Commission, 1989, vol. II (Part Two), para. 66).

Following a consideration of the draft articles by the Sixth Committee at its forty-fourth session, in 1989, the General Assembly, by its resolution 44/36 of 4 December 1989, decided to hold at its forty-fifth session, in 1990, informal consultations, in the framework of the Sixth Committee. Those informal consultations had the purpose of studying the draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, the draft optional protocols thereto, as well as the question of how to deal further with those draft instruments with a view to facilitating the reaching of a generally acceptable decision in the latter respect. Those consultations were continued at the forty-sixth and forty-seventh sessions, pursuant to General Assembly resolutions 45/43 of 28 November 1990 and 46/57 of 9 December 1991. Various proposals were made to reconcile the divergence of views which existed on some articles, in particular article 28 on the inviolability of the bag, but no agreement was reached. On the recommendation of the Sixth Committee, the General Assembly decided that, by its decision 47/415 of 25 November 1992, the informal consultations would be resumed at the fiftieth session, in 1995.

At its fiftieth session, in 1995, upon the recommendation of the Sixth Committee, the General Assembly adopted decision 50/416 of 11 December 1995, by which it decided to bring the draft articles, together with the observations made during the debates on them in the Sixth Committee, to the attention of Member States, and to remind Member States of the possibility that this field of international law and any further developments within it may be subject to codification at an appropriate time in the future.

Sixth Committee of the General Assembly, Summary records of meeting Nos. 1578 to 1581, held, respectively, from 2 to 4 December 1975 (A/C.6/SR.1578, A/C.6/SR.1579, A/C.6/SR.1580, A/C.6/SR.1581)

General Assembly resolution 3501 (XXX) of 15 December 1975 (Implementation by States of the provisions of the Vienna Convention on Diplomatic Relations of 1961 and measures to increase the number of parties to the Convention)

Sixth Committee of the General Assembly, Summary records of meeting Nos. 64 to 70, held, respectively, from 7 to 10 December 1976 (A/C.6/31/SR.64, A/C.6/31/SR.65, A/C.6/31/SR.66, A/C.6/31/SR.67, A/C.6/31/SR.68, A/C.6/31/SR.69, A/C.6/31/SR.70)

General Assembly resolution 31/76 of 13 December 1976 (Implementation by States of the provisions of the Vienna Convention on Diplomatic Relations of 1961)

Note by the Secretariat, Proposals on the elaboration of a protocol concerning the status of the diplomatic courier and the diplomatic bag not accompanied by the diplomatic courier (paragraph 4 of General Assembly resolution 31/76), 31 March 1977 (A/CN.4/300)

Report of the Working Group, Proposals on the elaboration of a protocol concerning the status of the diplomatic courier and the diplomatic bag not accompanied by the diplomatic courier (paragraph 4 of General Assembly resolution 31/76) (A/CN.4/305)

International Law Commission, Summary records of meeting Nos. 1425 and 1462, held, respectively, on 23 May and 18 July 1977 (A/CN.4/SR.1425, A/CN.4/SR.1462)

Report of the International Law Commission on the work of its twenty-ninth session, 9 May to 29 July 1977 (A/32/10, reproduced in Yearbook of the International Law Commission 1977, vol. II(2))

Report of the Working Group on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, 1978 (A/CN.4/L.285)

International Law Commission, Summary record of meeting No. 1527, held on 27 July 1978 (A/CN.4/SR.1527)

Report of the International Law Commission on the work of its thirtieth session, 8 May to 28 July 1978 (A/33/10, reproduced in Yearbook of the International Law Commission 1978, vol. II (2))

Sixth Committee of the General Assembly, Summary records of meeting Nos. 14 to 20 and 67, held, respectively, from 9 to 13 October, and on 8 December 1978 ( A/C.6/33/SR.14, A/C.6/33/SR.15, A/C.6/33/SR.16, A/C.6/33/SR.17, A/C.6/33/SR.18, A/C.6/33/SR.19, A/C.6/33/SR.20, A/C.6/33/SR.67)

General Assembly resolution 33/139 of 19 December 1978 (Report of the International Law Commission)

General Assembly resolution 33/140 of 19 December 1978 (Implementation by States of the provisions of the Vienna Convention on Diplomatic Relations of 1961)

Report of the Working Group on Status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier (A/CN.4/L.310)

Comments of States (1979) (A/CN.4/321 and Add.1to7)

International Law Commission, Summary records of meetings Nos. 1546 and 1580,
held, respectively, on 6 June and 31 July 1979 (A/CN.4/SR.1546, A/CN.4/SR.1580)

Report of the International Law Commission on the work of its thirty-first session, 14 May to 3 August 1979 (A/34/10, reproduced in Yearbook of the International Law Commission 1979, vol. II(2) (A/CN.4/SER.A/1979/Add.l (Part 2))

Preliminary report on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, by Mr. Alexander Yankov, Special Rapporteur (1980) (A/CN.4/335)

International Law Commission, Summary records of meetings Nos. 1634, 1636 and 1637, held, respectively, from 16 to 18 July 1980 (A/CN.4/SR.1634, A/CN.4/SR.1636, A/CN.4/SR.1637)

Report of the International Law Commission on the work of its thirty-second session, 5 May to 25 July 1980 (A/35/10, reproduced in Yearbook of the International Law Commission 1980, vol. II(2) (A/CN.4/SER.A/1980/Add.l (Part 2))

Sixth Committee of the General Assembly, Summary records of meeting Nos. 25, 44 to 45, 48, 50 to 59, held, respectively, on 21 October, on 11 November, and from 17 to 24 November 1980 (A/C.6/35/SR.25, A/C.6/35/SR.44, A/C.6/35/SR.45, A/C.6/35/SR.48, A/C.6/35/SR.50, A/C.6/35/SR.51, A/C.6/35/SR.52, A/C.6/35/SR.53, A/C.6/35/SR.54, A/C.6/35/SR.55, A/C.6/35/SR.56, A/C.6/35/SR.57, A/C.6/35/SR.58, A/C.6/35/SR.59)

General Assembly resolution 35/163 of 15 December 1980 (Report of the International Law Commission)

Second report on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, by Mr. Alexander Yankov, Special Rapporteur (1981) (A/CN.4/347 and Add.1 and 2)

International Law Commission, Summary records of meeting Nos. 1691, 1693 and 1694, held, respectively, on 15, 17 and 20 July 1981 (A/CN.4/SR.1691, A/CN.4/SR.1693, A/CN.4/SR.1694)

Report of the International Law Commission on the work of its thirty-third session, 4 May to 24 July 1981 (A/36/10, reproduced in Yearbook of the International Law Commission 1981, vol. II(2) (A/CN.4/SER.A/1981/Add.1 (Part 2))

Sixth Committee of the General Assembly, Summary records of meeting Nos. 36, 41, 44 to 53, held, respectively, on 30 October, on 5 November and from 9 to 19 November 1981 (A/C.6/36/SR.36, A/C.6/36/SR.41, A/C.6/36/SR.44, A/C.6/36/SR.45, A/C.6/36/SR.46, A/C.6/36/SR.47, A/C.6/36/SR.48, A/C.6/36/SR.49, A/C.6/36/SR.50, A/C.6/36/SR.51, A/C.6/36/SR.52, A/C.6/36/SR.53)

Third report on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, by Mr. Alexander Yankov, Special Rapporteur (1982) (A/CN.4/359 and Add.1)

Information received from Governments (1982) (A/CN.4/356 and Add.1-3)

International Law Commission, Summary records of meeting Nos. 1745 to 1747, held, respectively, from 14 to 16 July 1982 (A/CN.4/SR.1745, A/CN.4/SR.1746, A/CN.4/SR.1747)

Report of the International Law Commission on the work of its thirty-fourth session, 3 May to 23 July 1982 (A/37/10, reproduced in Yearbook of the International Law Commission 1982, vol. II(2) (A/CN.4/SER.A/1982/Add.l (Part 2))

Sixth Committee of the General Assembly, Summary records of meeting Nos. 39 to 41, 44 to 52, held, respectively, from 8 to 22 November 1982 (A/C.6/37/SR.39, A/C.6/37/SR.40, A/C.6/37/SR.41, A/C.6/37/SR.44, A/C.6/37/SR.45, A/C.6/37/SR.46, A/C.6/37/SR.47, A/C.6/37/SR.48, A/C.6/37/SR.49, A/C.6/37/SR.50, A/C.6/37/SR.51, A/C.6/37/SR.52)

Fourth report on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, by Mr. Alexander Yankov, Special Rapporteur (1983) (A/CN.4/374 and Add.1-4)

Information received from Governments (1983) (A/CN.4/372 and Add.1 and 2)

Report of the Drafting Committee, Draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, Texts adopted by the Drafting Committee: articles 1 to 8 – reproduced in A/CN.4/SR.1806, paras. 2, 4, 6, 19, 21, 23, 25 and 27 (1983) (A/CN.4/L.365 and Add.1)

International Law Commission, Summary records of meeting Nos. 1774, 1780 to 1784, 1799, 1806 and 1807, held, respectively, on 3 June, from 13 to 17 June, on 7 July, and from 18 to 19 July 1983 (A/CN.4/SR.1774, A/CN.4/SR.1780, A/CN.4/SR.1781, A/CN.4/SR.1782, A/CN.4/SR.1783, A/CN.4/SR.1784, A/CN.4/SR.1799, A/CN.4/SR.1806, A/CN.4/SR.1807)

Report of the International Law Commission on the work of its thirty-fifth session, 3 May to 22 July 1983 (A/38/10, reproduced in Yearbook of the International Law Commission 1983, vol. II(2) (A/CN.4/SER.A/1983/Add.l (Part 2))

Sixth Committee of the General Assembly, Summary records of meeting Nos. 34 to 48, 50 and 54, held, respectively, from 4 to 22 November, and on 25 November 1983 (A/C.6/38/SR.34, A/C.6/38/SR.35, A/C.6/38/SR.36, A/C.6/38/SR.37, A/C.6/38/SR.38, A/C.6/38/SR.39, A/C.6/38/SR.40, A/C.6/38/SR.41, A/C.6/38/SR.42, A/C.6/38/SR.43, A/C.6/38/SR.44, A/C.6/38/SR.45, A/C.6/38/SR.46, A/C.6/38/SR.47, A/C.6/38/SR.48, A/C.6/38/SR.50, A/C.6/38/SR.54)

Fifth report on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, by Mr. Alexander Yankov, Special Rapporteur (1984) (A/CN.4/382)

Information received from Governments (1984) (A/CN.4/379 and Add.l)

Report of the Drafting Committee, Draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Texts adopted by the Drafting Committee: articles 10, 11, 13 to 17, 20, 21, 23 (paragraphs 2, 3 and 5) 24 and 25 - reproduced in A/CN.4/SR.1862 and A/CN.4/SR.1864 (1984) (A/CN.4/L.378).

International Law Commission, Summary record of meeting Nos. 1824 to 1830, 1832, 1842 to 1847 and 1862 to 1864, held, respectively, from 21 to 25 and 28 to 29 May, on 1 June, from 18 to 22 June, on 25 June, and from 16 to 18 July 1984 (A/CN.4/SR.1824, A/CN.4/SR.1825, A/CN.4/SR.1826, A/CN.4/SR.1827, A/CN.4/SR.1828, A/CN.4/SR.1829, A/CN.4/SR.1830, A/CN.4/SR.1832, A/CN.4/SR.1842, A/CN.4/SR.1843, A/CN.4/SR.1844, A/CN.4/SR.1845, A/CN.4/SR.1846, A/CN.4/SR.1847, A/CN.4/SR.1862, A/CN.4/SR.1863, A/CN.4/SR.1864)

Report of the International Law Commission on the work of its thirty-sixth session, 7 May to 27 July 1984 (A/39/10, reproduced in Yearbook of the International Law Commission 1984, vol. II(2) (A/CN.4/SER.A/1984/Add.l (Part 2))

Sixth Committee of the General Assembly, Summary records of meeting Nos. 33 to 46, held, respectively, from 1 to 14 November 1984 (A/C.6/39/SR.33, A/C.6/39/SR.34, A/C.6/39/SR.35, A/C.6/39/SR.36, A/C.6/39/SR.37, A/C.6/39/SR.38, A/C.6/39/SR.39, A/C.6/39/SR.40, A/C.6/39/SR.41, A/C.6/39/SR.42, A/C.6/39/SR.43, A/C.6/39/SR.44, A/C.6/39/SR.45, A/C.6/39/SR.46)

Sixth report on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, by Mr. Alexander Yankov, Special Rapporteur (1985) (A/CN.4/390)

Report of the Drafting Committee, Draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Texts adopted by the Drafting Committee: articles 28 to 32, 34 and 35 - reproduced in A/CN.4/SR.1911 to SR.1913 (1985) (A/CN.4/L.384)

Report of the Drafting Committee, Draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Text adopted by the Drafting Committee: article 23 - reproduced in A/CN.4/SR.1930, para. 27 (1985) (A/CN.4/L.396)

International Law Commission, Summary records of meeting Nos. 1903 to 1914, and 1930, held, respectively, on 14 June, from 17 to 21 and 24 to 28 June, and on 1 and 18 July 1985 (A/CN.4/SR.1903, A/CN.4/SR.1904, A/CN.4/SR.1905, A/CN.4/SR.1906, A/CN.4/SR.1907, A/CN.4/SR.1908, A/CN.4/SR.1909, A/CN.4/SR.1910, A/CN.4/SR.1911, A/CN.4/SR.1912, A/CN.4/SR.1913, A/CN.4/SR.1914, A/CN.4/SR.1930)

Report of the International Law Commission on the work of its thirty-seventh session, 6 May to 26 July 1985 (A/40/10, reproduced in Yearbook of the International Law Commission 1985, vol. II(2) (A/CN.4/SER.A/1985/Add.l (Part 2))

Sixth Committee of the General Assembly, Summary records of meeting Nos. 23 to 36, held, respectively, from 28 October to 12 November 1985 (A/C.6/40/SR.23, A/C.6/40/SR.24, A/C.6/40/SR.25, A/C.6/40/SR.26, A/C.6/40/SR.27, A/C.6/40/SR.28, A/C.6/40/SR.29, A/C.6/40/SR.30, A/C.6/40/SR.31, A/C.6/40/SR.32, A/C.6/40/SR.33, A/C.6/40/SR.34, A/C.6/40/SR.35, A/C.6/40/SR.36)

Seventh report on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, by Mr. Alexander Yankov, Special Rapporteur (1986) (A/CN.4/400)

Report of the Drafting Committee, Draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Titles and texts adopted by the Drafting Committee: titles of the four parts of the draft; articles 28 to 33 - reproduced in A/CN.4/SR.1980, paras. 52 et seq. (1986) (A/CN.4/L.400)

International Law Commission, Summary record of meeting Nos. 1948 to 1951 and 1980, held, respectively, from 20 to 23 May, and on 2 July 1986 (A/CN.4/SR.1948, A/CN.4/SR.1949, A/CN.4/SR.1950, A/CN.4/SR.1951, A/CN.4/SR.1980)

Report of the International Law Commission on the work of its thirty-eighth session, 5 May to 11 July 1986 (A/41/10, reproduced in Yearbook of the International Law Commission 1986, vol. II(2) (A/CN.4/SER.A/1986/Add.l (Part 2))

Sixth Committee of the General Assembly, Summary records of meeting Nos. 27 to 34, 36 to 44, held, respectively, from 29 October to 13 November 1986 (A/C.6/41/SR.27, A/C.6/41/SR.28, A/C.6/41/SR.29, A/C.6/41/SR.30, A/C.6/41/SR.31, A/C.6/41/SR.32, A/C.6/41/SR.33, A/C.6/41/SR.34, A/C.6/41/SR.36, A/C.6/41/SR.37, A/C.6/41/SR.38, A/C.6/41/SR.39, A/C.6/41/SR.40, A/C.6/41/SR.41, A/C.6/41/SR.42, A/C.6/41/SR.43, A/C.6/41/SR.44)

General Assembly resolution 41/81 of 3 December 1986 (Report of the International Law Commission)

Report of the International Law Commission on the work of its thirty-ninth session, 4 May to 27 July 1987 (A/42/10, reproduced in Yearbook of the International Law Commission 1987, vol. II(2) (A/CN.4/SER.A/1987/Add.l (Part 2))

General Assembly resolution 42/156 of 7 December 1987 (Report of the International Law Commission)

Eighth Report of the Special Rapporteur, Mr. Alexander Yankov (1988) (A/CN.4/417 and Corr. 1-2)

Comments and observations received from Governments (1988) (A/CN.4/409 and Corr. 1-2 and Add. 1-5)

International Law Commission, Summary record of meeting Nos. 2069 to 2070, 2072, and 2076 to 2080, held, respectively, from 28 to 29 June, and on 1, 8, from 12 to 15 July 1988 (A/CN.4/SR.2069, A/CN.4/SR.2070, A/CN.4/SR.2072, A/CN.4/SR.2076, A/CN.4/SR.2077, A/CN.4/SR.2078, A/CN.4/SR.2079,  A/CN.4/SR.2080)

Report of the International Law Commission on the work of its fortieth session, 9 May to 29 July 1988 (A/43/10, reproduced in Yearbook of the International Law Commission 1988, vol. II (2) (A/CN.4/SER.A/1988/Add.l (Part 2))

Sixth Committee of the General Assembly, Summary records of meeting Nos. 25 to 33, 35 to 40, held, respectively, from 31 October to 11 November 1988 (A/C.6/43/SR.25, A/C.6/43/SR.26, A/C.6/43/SR.27, A/C.6/43/SR.28, A/C.6/43/SR.29, A/C.6/43/SR.30, A/C.6/43/SR.31, A/C.6/43/SR.32, A/C.6/43/SR.33, A/C.6/43/SR.35, A/C.6/43/SR.36, A/C.6/43/SR.37, A/C.6/43/SR.38, A/C.6/43/SR.39, A/C.6/43/SR.40)

Comments and observations received from Governments (1989) (A/CN.4/420)

Report of the Drafting Committee, Draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier, Titles and texts adopted by the Drafting Committee on second reading: articles 1 to 32 & draft Optional Protocols One and Two - in A/CN.4/SR.2128 to SR.2132 (1989) (A/CN.4/L.432)

International Law Commission, Summary records of meetings Nos.  2128 to 2132, held, respectively, from 29 to 30 June, and from 4 to 6 July 1989 (A/CN.4/SR.2128, A/CN.4/SR.2129, A/CN.4/SR.2130, A/CN.4/SR.2131, A/CN.4/SR.2132)

Sixth Committee of the General Assembly, Summary records of meeting Nos. 24 to 33, 35 to 38 and 44, held, respectively, from 25 October to 10 November, and on 21 November 1989 (A/C.6/44/SR.24, A/C.6/44/SR.25, A/C.6/44/SR.26, A/C.6/44/SR.27, A/C.6/44/SR.28, A/C.6/44/SR.29, A/C.6/44/SR.30, A/C.6/44/SR.31, A/C.6/44/SR.32, A/C.6/44/SR.33, A/C.6/44/SR.35, A/C.6/44/SR.36, A/C.6/44/SR.37, A/C.6/44/SR.38, A/C.6/44/SR.44)

Report of the International Law Commission on the work of its forty-first session, 2 May to 21 July 1989 (A/44/10, reproduced in Yearbook of the International Law Commission 1989, vol. II(2) (A/CN.4/SER.A/1989/Add.l (Part 2))

General Assembly resolution 44/36 of 4 December 1989 (Consideration of the draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier and the draft optional protocols thereto)

General Assembly resolution 45/43 of 28 November 1990 (Consideration of the draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier and the draft optional protocols thereto)

General Assembly resolution 46/57 of 9 December 1991 (Consideration of the draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier and the draft optional protocols thereto)

General Assembly decision 47/415 of 25 November 1992 (Consideration of the draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier and the draft optional protocols thereto)

Sixth Committee of the General Assembly, Summary records of meeting No. 35, held on 9 November 1995 (A/C.6/50/SR.35)

General Assembly decision 50/416 of 11 December 1995 (Consideration of the draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier and the draft optional protocols thereto)