International Law Commission International Law Commission

Last update: November 4, 2016

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Membership

2016 Election of the International Law Commission

The election was held on Thursday, 3 November 2016, at 3 p.m. (see document A/70/987). Outcome of the election »

The term of office of the present 34 members of the International Law Commission will expire at the end of 2016. The election of the members of the Commission for a five year term beginning on 1 January 2017 took place at the seventy-first session of the General Assembly (3 November 2016).

The General Assembly, in paragraph 3 of resolution 36/39 of 18 November 1981, decided that the 34 members of the International Law Commission shall be elected according to the following pattern:

(a) Eight nationals from African States;

(b) Seven nationals from Asia-Pacific States;

(c) Three nationals from Eastern European States;

(d) Six nationals from Latin American and Caribbean States;

(e) Eight nationals from Western European and other States;

(f) One national from African States or Eastern European States in rotation, with the seat being allocated to a national of an African State in the first election held after the adoption of the resolution 36/39;

(g) One national from Asia-Pacific States or Latin American and Caribbean States in rotation, with the seat being allocated to a national of an Asia-Pacific State in the first election held after the adoption of the resolution 36/39.

The rotational seat referred to in subparagraph (f) above was allocated to a national of an African State at the election held in 2011.  Accordingly, the seat shall be allocated to a national of an Eastern European State at the forthcoming election.

The rotational seat referred to in subparagraph (g) above was allocated to a national of an Asia-Pacific State at the election held in 2011.  Accordingly, the seat shall be allocated to a national of a Latin American and Caribbean State at the forthcoming election. 

Thus, the allocation of seats on the Commission for the five-year term beginning on 1 January 2017 was as follows:

The Statute of the International Law Commission provides in article 2 that the International Law Commission shall consist of 34 members who shall be persons of recognized competence in international law, with no two members being nationals of the same State and that in case of dual nationality a candidate shall be deemed to be a national of the State in which he ordinarily exercises civil and political rights.

The members of the Commission are to be elected by the General Assembly from a list of candidates nominated by the Governments of States Members of the United Nations.  Each State Member of the United Nations may nominate not more than four candidates, of whom two may be nationals of the nominating State and two nationals of other States (articles 3, 4 and 7).  Members of the Commission shall be elected for five years and shall be eligible for re-election (article 10).

As to the submission of the names of candidates, the Statute provides in article 5 that the names of the candidates shall be submitted in writing by Governments to the Secretary-General by the first of June of the year in which an election is held, provided that a Government may in exceptional circumstances substitute for a candidate whom it has nominated before the first of June another candidate whom it shall name not later than 30 days before the opening of the General Assembly.

The Secretary-General is required by articles 6 and 7 of the Statute to communicate the names submitted as soon as possible to Governments of States Members of the United Nations, as well as any statements of qualifications of candidates that may have been submitted by the nominating Governments, and to submit to the General Assembly for the purposes of the election a list of the candidates nominated.

The nominations submitted by Governments to the Secretary-General by 1 June 2016, in reply to his request, are, pursuant to article 6 of the Statute, set out below (see also A/71/90):

Name and nationality Nominated by
Afande, Koffi Kumelio A. (Togo) Togo
Appreku, Ebenezer (Ghana)* Ghana
Argüello Gómez, Carlos J. (Nicaragua) Nicaragua
Aurescu, Bogdan (Romania) Romania
Borrego Pérez, Carmelo E. (Venezuela, Bolivarian Republic of)* Venezuela (Bolivarian Republic of)
Brown, Chester W. (Australia) Australia, Canada, New Zealand
Cissé, Yacouba (Côte d’Ivoire) Côte d’Ivoire
Collot, Gélin Imanès (Haiti) Haiti
El-Murtadi Suleiman Gouider, Abdelrazeg (Libya)* Libya
Escobar Hernández, Concepción (Spain) Spain
Forteau, Mathias (France) France
Galvão Teles, Patrícia (Portugal) Portugal
Grossman Guiloff, Claudio (Chile) Chile
Gómez-Robledo, Juan Manuel (Mexico) Mexico
Habarugira, Révérien (Burundi) Burundi
Hassouna, Hussein A. (Egypt) Egypt
Hmoud, Mahmoud Daifallah (Jordan) Jordan
Huang, Huikang (China) China
Jalloh, Charles C. (Sierra Leone) Sierra Leone
Kohen, Marcelo Gustavo (Argentina) Argentina, Switzerland
Kolodkin, Roman Anatolyevitch (Russian Federation) Russian Federation
Laraba, Ahmed (Algeria) Algeria
Lehto, Marja (Finland) Denmark, Finland, Iceland, Norway, Sweden
Maluwa, Tiyanjana (Malawi) Malawi
Mohamad, Rahmat (Malaysia) Malaysia
Momtaz, Djamchid (Iran, Islamic Republic of) Iran (Islamic Republic of)
Murase, Shinya (Japan) Japan
Murphy, Sean David (United States of America) United States of America
M’viboudoulou, Simon William (Congo)* Congo
Nguyen, Hong Thao (Viet Nam) Viet Nam
Nolte, Georg (Germany) Germany
Oral, Nilüfer (Turkey) Turkey
Ouazzani Chahdi, Hassan (Morocco) Morocco
Park, Ki Gab (Republic of Korea) Republic of Korea
Peter, Chris Maina (United Republic of Tanzania) United Republic of Tanzania
Petrič, Ernest (Slovenia) Slovenia
Rajput, Aniruddha (India) India
Reinisch, August (Austria) Austria
Ruda Santolaria, Juan José (Peru) Peru
Saboia, Gilberto Vergne (Brazil) Brazil
Šturma, Pavel (Czech Republic) Czech Republic
Tladi, Dire D. (South Africa) South Africa
Tungo, Muaz Ahmed (Sudan) Sudan
Ugirashebuja, Emmanuel (Rwanda) Rwanda
Valencia-Ospina, Eduardo (Colombia) Colombia
Vázquez-Bermúdez, Marcelo (Ecuador) Ecuador
Wako, S. Amos (Kenya) Kenya
Wisnumurti, Nugroho (Indonesia) Indonesia
Wood, Michael (United Kingdom of Great Britain and Northern Ireland) United Kingdom of Great Britain and Northern Ireland

The Secretary-General has also received the following nominations (see A/71/90/Add.1 and Add.2):

Name and nationality Nominated by
Al-Marri, Ali bin Fetais (Qatar) Qatar
(note verbale dated 1 June 2016; received on 3 June 2016)
Ventura Robles, Manuel E. (Costa Rica) Costa Rica
(note verbale dated 16 June 2016; received on 17 June 2016)
Zyberi, Gentian (Albania) Albania
(note verbale dated 1 June 2016; received on 3 June 2016)

The election was held under the appropriate provisions of the Statute of the Commission and of the rules of procedure of the General Assembly.

Article 7 of the Statute provided that the Secretary-General shall prepare the list provided for in article 3, comprising in alphabetical order the names of all the candidates duly nominated, and shall submit the list to the General Assembly for the purposes of the election. The Secretary-General would at a later date, pursuant to article 7 of the Statute, prepare and submit to the Assembly such a list of all the candidates nominated.

By rule 92 of the rules of procedure of the General Assembly, the election shall be held by secret ballot and, accordingly, under the terms of rule 88, there shall be no explanation of vote, either before or after the voting.

According to article 9 of the Statute of the Commission, those candidates, up to the maximum number prescribed for each regional group, who obtained the greatest number of votes and at least a majority of the votes of the States Members present and voting shall be elected. If the maximum number of persons prescribed for each regional group is not elected on the first ballot, there shall be additional ballots to fill the remaining places in accordance with the appropriate provisions of rule 94 of the rules of procedure of the General Assembly.

Article 10 of the Statute of the Commission states that the members of the Commission shall be eligible for re-election (see current membership of the Commission, whose term expires at the end of 2016).

* Withdrew prior to election