International Law Commission

Last update: May 16, 2023

Analytical Guide to the Work of the International Law Commission

2021 recommendation of the Working-Group on the long-term programme of work (see syllabus: A/76/10, Annex)
2022 decision to include the topic in its programme of work

74th session of the International Law Commission (2023)
- Memorandum prepared by the Secretariat

None

Discussion on the inclusion of the topic in the programme of work, the debate in the topic in the Sixth Committee of the UN General Assembly, the scope and outcome of the topic, methodology, previous work of the Commission on subsidiary means, the nature and function of sources in the international legal system, consideration of the drafting history of article 38, paragraph 1(d), of the Statute of the International Court of Justice, textual analysis of article 38, paragraph 1(d), of the Statute of the international Court of Justice, additional subsidiary means for the determination of rules of international law, and conclusion and future programme of work. Proposals for five draft conclusions: on the scope of the conclusions, categories of subsidiary means for the determination of rules of law, criteria for the assessment of subsidiary means for the determination of rules of law, decisions of courts and tribunals, and teachings.
- First report of the Special Rapporteur, Mr. Charles Chernor Jalloh (74th session of the ILC (2023))

None

74th session of the International Law Commission (2023)
- Information submitted by: Sierra Leone and the United States of America.

None

None

Resolution 77/103 of 7 December 2022
- Drew the attention of Governments to the importance for the International Law Commission of having their views on the various aspects of the topics on the agenda of the Commission, in particular on all the specific issues identified in chapter III of its report, regarding, inter alia, Subsidiary means for the determination of rules of international law.
- Took note of the decision of the International Law Commission to include the topic…“Subsidiary means for the determination of rules of international law” in its programme of work.
- Took note of the request of the Commission to the Secretariat to prepare a memorandum that would be particularly relevant for its future work on the topic “Subsidiary means for the determination of rules of international law”.

See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/755)

Work in progress