- Surveyed the previous work of the Commission relating to the responsibility of international organizations beginning with the work of the Commission on the topic of relations between States and international organizations in which the question of responsibility of international organizations was identified as early as 1963. The report further discussed the scope of the work and general principles concerning responsibility of international organizations, dealing with issues that corresponded to those that were considered in chapter one (“General principles”, arts. 1 to 3) of the draft articles on “Responsibility of States for internationally wrongful acts”. The following three draft articles were proposed: article 1 “Scope of the present draft articles”,22 article 2 “Use of terms”23 and article 3 “General principles”.
- First Report of the Special Rapporteur, Giorgio Gaja (55th session of the ILC (2003))
|
|
- Attribution of conduct to international organizations for which he proposed four draft articles: article 4 “General rule on attribution of conduct to an international organization”, article 5 “Conduct of organs placed at the disposal of an international organization by a State or another international organization”, article 6 “Excess of authority or contravention of instructions”, and article 7 “Conduct acknowledged and adopted by an international organization as its own”.
- Second Report of the Special Rapporteur, Giorgio Gaja (56th session of the ILC (2004))
|
|
- Dealt with the existence of a breach of an international obligation on the part of an international organization and with the responsibility of an international organization in connection with the act of a State or another international organization. The Special Rapporteur proposed draft articles 8 to 16: article 8 “Existence of a breach of an international obligation”, article 9 “International obligation in force for an international organization”, article 10 “Extension in time of the breach of an international obligation”, article 11 “Breach consisting of a composite act”, article 12 “Aid or assistance in the commission of an internationally wrongful act”, article 13 “Direction and control exercise over the commission of an internationally wrongful act”, article 14 “Coercion of a State or another international organization”, article 15 “Effects of the preceding articles”, and article 16 “Decisions, recommendations and authorizations addressed to member States and international organizations”.
- Third Report of the Special Rapporteur, Giorgio Gaja (57th session of the ILC (2005))
|
|
- Circumstances precluding wrongfulness (consent, self-defence, countermeasures in respect of an internationally wrongful act, force majeure, distress, necessity, compliance with peremptory norms, and consequences of invoking a circumstance precluding wrongfulness, as well as aid or assistance, direction and control, and coercion by a State in the commission of an internationally wrongful act of an international organization, and use by a State that is a member of an international organization of the separate personality of that organization). Included a consideration of the question of the responsibility of members of an international organization when that organization is responsible.
- Fourth Report of the Special Rapporteur, Giorgio Gaja (58th session of the ILC (2006))
|
|
- Consideration of the content of the international responsibility of an international organization (general principles, the legal consequences of an internationally wrongful act, the continued duty of performance, cessation and non-repetition, reparation, irrelevance of the rules of the organization, and scope of international obligations set out in this Part), reparation for injury (forms of reparation, restitution, compensation, satisfaction, interest, and contribution to the injury) as well as serious breaches of obligations under peremptory norms of general international law (Application of the chapter, and particular consequences of a serious breach of an obligation under the chapter).
- Fifth Report of the Special Rapporteur, Giorgio Gaja (59th session of the ILC (2007))
|
|
- Discussion of the invocation of the responsibility of an international organization (invocation of responsibility by an injured State or international organization, notice of claim by an injured State or international organization, loss of the right to invoke responsibility, plurality of injured entities, plurality of responsible entities, invocation of responsibility by an entity other than an injured State or international organization) and countermeasures (object and limits of countermeasures, obligations not affected by countermeasures, proportionality, conditions relating to resort to countermeasures, termination of countermeasures, measures taken by an entity other than an injured State or international organization)
- Sixth Report of the Special Rapporteur, Giorgio Gaja (60th session of the ILC (2008))
|
|
- Discussion on scope of the articles, use of terms and general principle, attribution of conduct, breach of an international obligation, responsibility of an international organization in connection with the act of a State or another international organization, circumstances precluding wrongfulness, responsibility of a State in connection with the act of an international organization, content of international responsibility, implementation of international responsibility, and general provisions.
- Seventh Report of the Special Rapporteur, Giorgio Gaja (61st session of the ILC (2009))
|
|
- Survey of the comments made by States and international organizations on the draft articles on responsibility of international organizations which were adopted at first reading by the International Law Commission at its sixty-first session.
- Eighth Report of the Special Rapporteur, Giorgio Gaja (63rd session of the ILC (2011))
|
|
- 55th session of the International Law Commission (2003)
- Titles and texts of draft articles 1, 2 and 3 adopted by the Drafting Committee
- Statement of the Chair of the Drafting Committee
|
|
- 56th session of the International Law Commission (2004)
- Titles and texts of the draft articles 4, 5, 6, and 7 adopted by the Drafting Committee
|
|
- 57th session of the International Law Commission (2005)
- Titles and texts of the draft articles adopted by the Drafting Committee on 27 May 2005
- Statement of the Chair of the Drafting Committee
|
|
- 58th session of the International Law Commission (2006)
- Titles and texts of the draft articles adopted by the Drafting Committee on 31 May 2006 and 19 July 2006
- Statement of the Chair of the Drafting Committee (1st part) (2nd part)
|
|
- 59th session of the International Law Commission (2007)
- Titles and texts of draft articles 31 to 45 [44] adopted by the Drafting Committee on 18, 19, 20 and 25 July 2007
- Statement of the Chair of the Drafting Committee
|
|
- 60th session of the International Law Commission (2008)
- Titles and texts of articles 46, 47, 48, 49 [48], 50 [49], 51 [50], 52 [51] and 53, provisionally adopted by the Drafting Committee on 21, 22, 28, 29 and 30 May 2008
- Statement of the Chair of the Drafting Committee
- Titles and texts of Part Three, Chapter I, Chapter II and draft articles 54, 55, 56, 57, 58, 59 and 60 provisionally adopted by the Drafting Committee on 16 July 2008
- Statement of the Chair of the Drafting Committee
|
|
- 61st session of the International Law Commission (2009)
- Restructuring of the draft articles and text of draft articles 2, 4, 8, 15, paragraph 2, (b), 15 bis, 18, 19 and 55, adopted by the Drafting Committee on 25, 26, 27 May and 2 June 2009 (statement of the Chair of the Drafting Committee)
- Text of draft articles 3, 3 bis, 28, paragraph 1, 61, 62, 63 and 64 adopted by the Drafting Committee on 2 June 2009 (statement of the Chair of the Drafting Committee)
|
|
- 63rd session of the International Law Commission (2011)
- Titles and texts of the draft articles on the responsibility of international organizations adopted by the Drafting Committee on second reading in 2011 (statement of the Chair of the Drafting Committee)
|
|
- Report of the International Law Commission on the work of its fifty-fourth session, 29 April to 7 June and 22 July to 16 August 2002
- Decided to include the topic in its programme of work. Appointed Giorgio Gaja as Special Rapporteur and established a Working Group, and subsequently considered and adopted an oral report of the Working Group.
- Discussion in Plenary: 2717th meeting (8 May 2002) and 2740th meeting (2 August 2002)
|
|
- Report of the International Law Commission on the work of its fifty-fifth session, 5 May to 6 June and 7 July to 8 August 2003
- Considered the first report of the Special Rapporteur, referred draft articles 1 and 3 to the Drafting Committee. The Commission established a Working Group to consider draft article 2, and subsequently referred the new text for that article, as proposed by the Working Group, to the Drafting Committee. The Commission subsequently considered and adopted the report of the Drafting Committeee on draft articles 1 (Scope of the present draft articles), 2 (Use of terms) and 3 (General principles), and adopted commentaries on those articles. A Working Group was subsequently established to assist the Special Rapporteur with his next report.
- Discussion in Plenary: 2751st, 2752nd, 2753rd, 2754th, 2755th, 2756th, 2763rd meeting (5 to 9, 13 and 27 May 2003) and 2776th and 2784th meetings (16 July and 4 August 2003)
|
|
- Report of the International Law Commission on the work of its fifty-sixth session, 3 May to 4 June and 5 July to 6 August 2004
- The Commission had before it the second report of the Special Rapporteur. After considering the report, the Commission referred draft articles 4 to 7 to the Drafting Committee. The Commission subsequently considered and adopted the report of the Drafting Committeee on draft articles 4 (General rule on attribution of conduct to an international organization), 5 (Conduct of organs or agents placed at the disposal of an international organization by a State or another international organization), 6 (Excess of authority or contravention of instructions), and 7 (Conduct acknowledged and adopted by an international organization as its own), and adopted commentaries on those articles.
- Discussion in Plenary: 2800th, 2801st, 2802nd, 2803rd (18 to 25 May 2004), 2810th (4 June 2004) and 2826th and 2827th meetings (3 August 2004)
|
|
- Report of the International Law Commission on the work of its fifty-seventh session, 2 May to 3 June and 11 July to 5 August 2005
- The Commission considered the third report of the Special Rapporteur, and subsequently established a Working Group to consider draft articles 8 and 16. The Commission referred draft articles 9 to 15, and 8 and 16 (on the basis of the oral report of the Working Group) to the Drafting Committee. The Commission, subsequently considered and adopted the report of the Drafting Committee on draft articles 8 (Existence of a breach of an international obligation), 9 (International obligation in force for an international organization), 10 (Extension in time of the breach of an international obligation), 11 (Breach consisting of a composite act), 12 (Aid or assistance in the commission of an internationally wrongful act), 13 (Direction and control exercised over the commission of an internationally wrongful act), 14 (Coercion of a State or another international organization) and 15 (Effects of teh preceding articles), and 16 (Decisions, recommendations and authorizations addressed to member States and international organizations), and adopted commentaries on those articles.
- Discussion in Plenary: 2839th, 2840th, 2841st, 2842nd, 2843rd, 2844th (17 to 25 May 2005), 2848th (3 June 2005), 2862nd and 2863rd (2 and 3 August 2005) meetings
|
- ILC Report, A/60/10, 2005, chap. VI, paras. 192–206
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/560)
|
- Report of the International Law Commission on the work of its fifty-eighth session, 1 May to 9 June and 3 July to 11 August 2006
- The Commission had before it the fourth report of the Special Rapporteur, containing proposals for draft articles 17 to 29, as well as written comments received from international organizations and from governments. The Commission referred the proposed draft articles to the Drafting Committee and subsequently considered and adopted the report of the Drafting Committee on draft articles 17 (Consent), 18 (Self-defence), 19 (Countermeasures), 20 (Force majeure), 21 (Distress), 22 (Necessity), 23 (Compliance with peremptory norms), 24 (Consequences of invoking a circumstance precluding wrongfulness) and draft articles 25 (Aid or assistance by a State in the commission of an internationally wrongful act by an international organization), 26 (Direction and control exercised by a State over the commission of an internationally wrongful act by an international organization), 27 (Coercion of an international organization by a State), 28 (International responsibility in case of provision of competence to an international organization), 29 (Responsibility of a State member of an international organization for the internationally wrongful act of that organization) and 30 (Effect of this chapter), with commentaries thereto.
- Discussion in Plenary: 2876th, 2877th, 2878th, 2879th and 2891st, 2892nd, 2893rd, 2894th and 2895th meetings, held from 16 to 19 May and from 11 to 14 and 18 July 2006, respectively, and 2884th meeting on 8 June 2006 and 2902nd meeting, held on 28 July 2006, and 2910th meeting, held on 8 August 2006.
|
- ILC Report, A/61/10, 2006, chap. VI, paras. 77–91
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/577, Add.1 and Add.2)
|
- Report of the International Law Commission on the work of its fifty-ninth session, 7 May to 5 June and 9 July to 10 August 2007
- The Commission had before it the fifth report of the Special Rapporteur (A/CN.4/583), as well as written comments received from international organizations.
- At its 2935th meeting, on 12 July 2007, the Commission referred draft articles 31 to 44 to the Drafting Committee. At the same meeting, a supplementary draft article was proposed by a member of the Commission. The Special Rapporteur proposed a different supplementary article on the same issue. At the 2938th meeting, on 18 July 2007, the Commission referred the draft article proposed by the Special Rapporteur to the Drafting Committee.
- Discussion in Plenary: 2932nd, 2933rd, 2934th, 2935th, and 2938th meetings from 9 to 12 July 2007 and 18 July 2007.
|
- ILC Report, A/62/10, 2007, chap. VIII, paras. 325–344
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588)
|
- Report of the International Law Commission on the work of its Sixtieth session, 5 May to 6 June and 7 July to 8 August 2008
- The Commission had before it the sixth report of the Special Rapporteur (A/CN.4/597), as well as written comments received from international organizations.
- At the 2964th meeting, on 16 May 2008, the Commission established a Working Group under the Chairship of Mr. Enrique Candioti for the purpose of considering the issue of countermeasures as well as the advisability of including in the draft articles a provision relating to admissibility of claims.
- At its 2978th meeting, on 15 July 2008, the Commission received the oral report of the Working Group, which was delivered by the Chair of the Working Group. The Commission referred draft articles 52 to 57, paragraph 1, to the Drafting Committee, together with the recommendations of the Working Group.
- The Commission considered and adopted the report of the Drafting Committee on draft articles 46 to 53 at its 2971st meeting, on 4 June 2008. At its 2989th meeting on 4 August 2008, the Commission adopted the title of Chapter I of Part Three of the draft articles. At its 2993rd meeting, on 6 August 2008, the Commission adopted the commentaries to the said draft articles
- At its 2989th meeting, on 4 August 2008, the Commission received the report of the Drafting Committee and took note of draft articles 54 to 60 on countermeasures, as provisionally adopted by the Drafting Committee.
- Discussion in Plenary: 2960th, 2961st, 2962nd, 2963rd, 2964th meetings, from 9 to 16 May 2008, 2968th meeting, on 29 May 2008, 2971st, on 4 June 2008, 2978th meeting, on 15 July 2008, 2989th meeting, on 4 August 2008, 2993rd meeting, on 6 August 2008.
|
- ILC Report, A/63/10, 2008, chap. VII, paras. 125–165
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/606 and Add.1)
|
- Report of the International Law Commission on the work of its Sixty-first session, 4 May to 5 June and 6 July to 7 August 2009
- The Commission had before it the seventh report of the Special Rapporteur (A/CN.4/610), as well as written comments received from international organizations. The seventh report addressed certain outstanding issues such as the general provisions of the draft articles and the place of the chapter concerning the responsibility of a State in connection with the act of an international organization. The seventh report also contained a review of comments made by States and international organizations on the draft articles provisionally adopted by the Commission and, as necessary, proposed certain amendments thereto.
- At its 3009th meeting, on 22 May 2009, the Commission referred draft articles 2, 4 (2), 8, 15 (2) (b), 15 bis, 18, 19, 28 (1), 55, 61, 62, 63 and 64 to the Drafting Committee.
- The Commission considered and adopted the report of the Drafting Committee on draft articles 2, 4, 8, 15, 15 bis, 18, 19 and 55 at its 3014th meeting, on 5 June 2009. At the same meeting, it also adopted draft articles 54, and 56 to 60, which had been taken note of at the sixtieth session. At its 3015th meeting, on 6 July 2009, the Commission considered and adopted the report of the Drafting Committee on draft articles 3, 3 bis, 28, paragraph 1, 61, 62, 63 and 64. It thus adopted a set of 66 draft articles on the responsibility of international organizations on first reading. At its 3030th, 3031st and 3032nd meetings, on 3, 4 and 5 August 2009, the Commission adopted the commentaries to the draft articles on the responsibility of international organizations as adopted on first reading.
- At the 3030th meeting, on 3 August 2009, 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.
- Discussion in Plenary: 2998th, 2999th, 3000th, 3001st, 3002nd, and 3006th, 3007th, 3008th, 3009th meetings from 4 to 8 May, and from 15 to 22 May 2009, 3014th meeting on 5 June, and 3030th, 3031st and 3032nd meetings on 3, 4 and 5 August 2009.
|
- ILC Report, A/64/10, 2009, chap. IV, paras. 31–51
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/620 and Add.1)
|
- Report of the International Law Commission on the work of its sixty-third session, 26 April to 3 June and 4 July to 12 August 2011
- The Commission had before it the eighth report of the Special Rapporteur (A/CN.4/640), as well as written comments received from Governments (A/CN.4/636 and Add.1) and international organizations (A/CN.4/637 and Add.1).
- The Commission considered the eighth report of the Special Rapporteur at its 3080th to 3085th meetings from 26 April to 6 May 2011. At its 3082nd meeting, held on 28 April 2011, the Commission referred draft articles 1 to 18 to the Drafting Committee with the instruction that the Drafting Committee commence the second reading of the draft articles taking into account the comments of Governments and international organizations, the proposals of the Special Rapporteur and the debate in the plenary on the Special Rapporteur’s eighth report. At its 3085th meeting, held on 6 May 2011, the Commission further referred draft articles 19 to 66 to the Drafting Committee.
- The Commission considered the report of the Drafting Committee (A/CN.4/L.778) at its 3097th meeting, held on 3 June 2011, and adopted the entire set of draft articles on the responsibility of international organizations, on second reading, at the same meeting.
- At its 3118th meeting, on 5 August 2011, the Commission adopted the commentaries to the aforementioned draft articles.
- At its 3119th meeting, held on 8 August 2011, the Commission decided, in accordance with article 23 of its Statute, to recommend to the General Assembly: (a) to take note of the draft articles on the responsibility of international organizations in a resolution, and to annex them to the resolution; (b) to consider, at a later stage, the elaboration of a convention on the basis of the draft articles.
- Discussion in Plenary: 3080th, 3081st, 3082nd, 3083rd, 3084th and 3085th meetings (26 April to 6 May 2011), 3097th meeting (3 June 2011), and 3118th, 3119th meetings (5 and 8 August), and 3124th meeting (10 August 2011).
|
- ILC Report, A/66/10, 2011, chap. V, paras. 77–88
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/650 and Add.1)
|
International Law Commission (63rd session, 2011)
- The Commission adopted the draft articles on the responsibility of international organizations, on second reading, with commentaries.
- The Commission decided, in accordance with article 23 of its Statute, to recommend to the General Assembly: (a) to take note of the draft articles on the responsibility of international organizations in a resolution, and to annex them to the resolution; (b) to consider, at a later stage, the elaboration of a convention on the basis of the draft articles.
|
- See: Introductory Note, by Prof. Giorgio Gaja (Audiovisual Library of International Law)
|
General Assembly
- Resolution 66/98 of 9 December 2011
|
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/650 and Add.1)
|
- Resolution 66/100 of 9 December 2011
- Welcomed the conclusion of the work of the International Law Commission on responsibility of international organizations and its adoption of the draft articles and a detailed commentary on the subject;
- Took note of the articles on the responsibility of international organizations, presented by the International Law Commission, 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;
- Decided to include in the provisional agenda of its sixty-ninth session (2014) an item entitled “Responsibility of international organizations”, with a view to examining, inter alia, the question of the form that might be given to the articles.
|
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/650 and Add.1)
|
- Resolution 69/126 of 10 December 2014
- Took note once again of the articles on the responsibility of international
organizations and commends them to the attention of Governments and international
organizations without prejudice to the question of their future adoption or other
appropriate action;
- 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 in this regard, as well as written comments on any future action
regarding the articles, and further requests the Secretary-General to submit this
material well in advance of its seventy-second session;
- Decided to include in the provisional agenda of its seventy-second
session the item entitled “Responsibility of international organizations”, with a view
to examining, inter alia, the question of the form that might be given to the articles.
|
- See the website of the Sixth Committee of the General Assembly
|
- Resolution 72/122 of 10 December 2017
- Took note once again of the articles on the responsibility of international organizations and commended them to the attention of Governments and international organizations without prejudice to the question of their future adoption or other appropriate action;
- Requested the Secretary-General to update the 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 in this regard, as well as written comments on any future action regarding the articles, and also requested the Secretary-General to submit this material well in advance of its seventy-fifth session;
- Decided to include in the provisional agenda of its seventy-fifth (2020) session the item entitled “Responsibility of international organizations”, with a view to examining, inter alia, the question of the form that might be given to the articles.
|
- See the website of the Sixth Committee of the General Assembly
- SG report — compilation of extracts (A/72/81)
- SG report — Government comments (A/72/80)
|
- Resolution 75/143 of 15 December 2020
- Took note once again of the articles on the responsibility of international organizations and commended them to the attention of Governments and international organizations without prejudice to the question of their future adoption or other appropriate action;
- Requested the Secretary-General to update the 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 in this regard, as well as written comments on any future action regarding the articles, and also requested the Secretary-General to submit this material well in advance of its seventy-eighth (2023) session;
- Decided to include in the provisional agenda of its seventy-eighth (2023) session the item entitled “Responsibility of international organizations”, with a view to examining, inter alia, the question of the form that might be given to the articles.
|
- See the website of the Sixth Committee of the General Assembly
- SG report — compilation of extracts (A/75/80)
- SG report — Government comments (A/75/282)
|
