Seventy-fifth Session (2024)
In accordance with resolution 78/108 of 7 December 2023, the International Law Commission was scheduled to hold its seventy-fifth session at the United Nations Office in Geneva (UNOG) from 15 April to 31 May and from 1 July to 2 August 2024 (12 weeks). However, in light of the ongoing financial crisis, the session was held from 29 April to 31 May and from 1 July to 2 August 2024 (10 weeks), in conference room XXI.
Topics considered in 2024
Filling of a casual vacancy
- Further to the resignation of Mr. Bogdan Auescu (Romania), a casual vacancy arose in the Commission. (See A/CN.4/773 + Add.1)
Nomination(s) received:- Ms. Alina Orosan (Romania)
- Mr. Pavel Šturma (Czech Republic)
- Mr. Gentian Zyberi (Albania)
Ms. Alina Orosan (Romania) was elected by the Commission at the 3660th meeting, held on 1 May 2024. - Further to the resignation of Mr. Huikang Huang (China), a casual vacancy has arisen in the Commission. (See A/CN.4/776 + Add.1). The Commission has decided to schedule the election to fill the vacancy on 31 July 2024.
Nomination(s) received:- Mr. Xinmin Ma (China)
Mr. Xinmin Ma (China) was elected by the Commission at the 3699th meeting, held on 31 July 2024.
Immunity of State officials from foreign criminal jurisdiction (Summary | Analytical Guide)
The Commission had before it the first report of the Special Rapporteur on the topic (A/CN.4/775), as well as comments and observations received from Governments (A/CN.4/771 and Add.1 and Add.2). The first report addressed the comments and observations of Governments on draft articles 1, 2, 3, 4, 5 and 6 of the draft articles on immunity of State officials from foreign criminal jurisdiction, as adopted on first reading, together with proposals for consideration at second reading. Following the debate in plenary, the Commission decided to refer draft articles 1, 2, 3, 4, 5 and 6, as proposed in the first report, to the Drafting Committee, taking into account the comments and observations made in plenary. Upon consideration of the report of the Drafting Committee (A/CN.4/L.1001), the Commission took note of draft articles 1, 3, 4 and 5 (chap. VII of the 2024 ILC report).
See also: statement of the Chair of the Drafting Committee.
The Commission welcomed further comments and observations from Governments, by 15 November 2024, concerning draft articles 7 to 18 and the draft annex of the draft articles on immunity of State officials from foreign criminal jurisdiction, as adopted on first reading at its seventy-third session (2022), and the commentaries thereto.
See also: Comments by Governments
Succession of States in respect of State responsibility (Summary | Analytical Guide)
The Commission re-established the Working Group on the topic, chaired by Mr. August Reinisch, in order to consider the way forward in relation to the topic. Upon receiving the report of the Working Group (A/CN.4/L.1003), the Commission decided to establish at its seventy-sixth session (2025) a Working Group on succession of States in respect of State responsibility for the purpose of drafting a report that would bring the work of the Commission on the topic to an end. The Commission also decided that the report would contain a summary of the difficulties that the Commission would face if it were to continue its work on the topic and explain the reasons for the discontinuance of such work. Mr. Bimal N. Patel was appointed Chair of the Working Group to be established at the seventy-sixth session of the Commission. The Commission also recommended that the Chair be encouraged to prepare the draft report of the Working Group in advance of the next session, in close collaboration with interested members. (chap. IX of the 2024 ILC report).
See also: Comments by Governments
Sea-level rise in relation to international law (Summary | Analytical Guide)
The Commission reconstituted the Study Group on sea-level rise in relation to international law. The Study Group had before it the additional paper to the second issues paper (A/CN.4/774 and Add.1), prepared by two of the Co-Chairs of the Study Group, Ms. Patrícia Galvão Teles and Mr. Juan José Ruda Santolaria, which addressed the following issues and principles: the configuration of a State as a subject of international law and continued existence of the State; scenarios relating to statehood in the context of sea-level rise and the right of the State to provide for its preservation; possible alternatives for addressing the phenomenon in relation to statehood; and relevant legal issues that could constitute possible elements for legal protection of persons affected by sea-level rise. A selected bibliography, prepared in consultation with members of the Study Group, was issued as an addendum (A/CN.4/774/Add.1) to the additional paper. The Study Group also had before it a memorandum by the Secretariat identifying elements in the previous work of the Commission that could be relevant for its future work on the topic (A/CN.4/768). The Study Group had an exchange of views on the additional paper, as well as on the preliminary observations on both subtopics prepared by the Co-Chairs. It also held a discussion on the future programme of work on the topic (chap. X of the 2024 ILC report).
The Commission welcomed any information that States, international organizations and other relevant entities could provide on their practice, as well as other pertinent information concerning sea-level rise in relation to international law, and reiterated its requests made in chapter III of its reports on the work of its seventy-first (2019), seventy-second (2021), seventy-third (2022), and seventy-fourth (2023) sessions.
At the seventy-sixth session (2025), the Study Group will seek to produce its final report on the subject of sea-level rise in relation to international law. In this connection, the Commission reiterated that it would appreciate receiving information from States who have not submitted information in the past, any updates or additional information, including comments on the reports of the Co-Chairs and Study Group in relation to the law of the sea, statehood and protection of persons affected by sea-level rise, by 1 December 2024.
See also: Comments by Governments
Settlement of disputes to which international organizations are parties (Summary | Analytical Guide)
The Commission had before it the second report of the Special Rapporteur on the topic (A/CN.4/766), which focused on “international disputes”. It considered the practice of settling international disputes to which international organizations are parties, discussed policy issues and suggested recommendations. The Commission also had before it a memorandum prepared by the Secretariat containing information on the practice of States and international organizations of potential relevance to the Commission’s future work on the topic (A/CN.4/764). Following the debate in plenary, the Commission decided to refer draft guidelines 3, 4, 5 and 6, as proposed in the second report, to the Drafting Committee, taking into account the comments and observations made in plenary. Upon consideration of the report of the Drafting Committee (A/CN.4/L.998 and Add.1), the Commission provisionally adopted draft guidelines 3, 4, 5 and 6 (chap. IV of the 2024 ILC report).
See also: statement of the Chair of the Drafting Committee
See also: Comments by Governments
Prevention and repression of piracy and armed robbery at sea (Summary | Analytical Guide)
The Commission had before it the second report of the Special Rapporteur (A/CN.4/770), which discussed the practice of international organizations involved in combating piracy and armed robbery at sea, reviewed regional and subregional approaches to combating piracy and armed robbery at sea, as well as the practice of States in concluding bilateral agreements and outlined the future work on the topic. The Commission also had before it a memorandum prepared by the Secretariat discussing the evolution of the definition of piracy in international law and surveying writings relevant to the definitions of piracy and of armed robbery at sea (A/CN.4/767). Following the debate in plenary, the Commission decided to refer draft articles 4, 5, 6 and 7, as contained in the second report of the Special Rapporteur, to the Drafting Committee, taking into account the views expressed in the plenary debate. That included the understanding that the Committee would first hold a general discussion on the topic as a whole and its future direction. The Commission heard an interim oral report on the work of the Drafting Committee (see A/CN.4/L.1000). Following the resignation of Mr. Yacouba Cissé as Special Rapporteur for the topic, the Commission appointed Mr. Louis Savadogo as Special Rapporteur (chap. VI of the 2024 ILC report).
See also: statement of the Chair of the Drafting Committee
See also: Comments by Governments
Subsidiary means for the determination of rules of international law (Summary | Analytical Guide)
The Commission had before it the second report of the Special Rapporteur (A/CN.4/769), as well as a memorandum by the Secretariat identifying elements in the case law of international courts and tribunals, and other bodies, which would be particularly relevant for the its future work on the topic. (A/CN.4/765). The second report addressed, inter alia, the functions of subsidiary means for the determination of rules of international law, including in the drafting history of Article 38, paragraph 1 (d), of the Statute of the International Court of Justice, the practice of the International Court of Justice and other international tribunals, and scholarly writings concerning the functions of subsidiary means; and the general nature of precedent in domestic and international adjudication, including Article 38, paragraph 1 (d), and its relationship to Article 59 of the Statute of the International Court of Justice, as well as the relationship between Article 59 and Article 61 of the Statute of the International Court of Justice, and the link to the rights of third States. Following the debate in plenary, the Commission decided to refer draft conclusions 6, 7 and 8, as presented in the second report, to the Drafting Committee, taking into account the comments made in plenary. Having considered the report of the Drafting Committee on the topic at its seventy-fourth session (A/CN.4/L.985/Add.1), the Commission provisionally adopted draft conclusions 4 and 5, as orally revised. The Commission received the report of the Drafting Committee on its work at the present session(A/CN.4/L.999), and provisionally adopted draft conclusions 6, 7 and 8 (chap. V of the 2024 ILC report).
See also: statement of the Chair of the Drafting Committee
See also: Comments by Governments
Non-legally binding international agreements (Summary | Analytical Guide)
The Commission had before it the first report of the Special Rapporteur (A/CN.4/772), which provided an overview of the topic and discussed previous work related to the topic, available material, the scope of the topic, the questions to be examined, the form of the final outcome of work and the organization and schedule of work on the topic. The Commission considered the report in its plenary debate (chap. VIII of the 2024 ILC report).
The Commission indicated that it would appreciate receiving, by 31 December 2024, information from States on their practice concerning non-legally binding international agreements which may be of relevance to its future work on the topic and, in particular, examples relevant to this topic of: (a) the practice of competent ministries and decisions of national courts, as appropriate, concerning non-legally binding international agreements; and (b) any guidelines on non-legally binding international agreements adopted at the national level that States could publicly share with the Special Rapporteur and the Commission.
Commemoration of the seventy-fifth anniversary of the Commission (Video (Geneva): 
| Video (New York): )
The International Law Commission celebrated its seventy-fifth anniversary with a commemorative event in Geneva on 24 May 2024, jointly hosted with the Graduate Institute of International and Development Studies.
The event was held from 13:30 to 18h30, at the Graduate Institute of International and Development Studies (auditorium Ivan Pictet A1B, Chemin Eugène-Rigot 2A, 1211 Geneva, Switzerland). It commenced with a reception, generously offered by the Federal Department of Foreign Affairs of Switzerland followed by introductory remarks and panel discussions concerning the Commission and its work.
See: programme
A further commemorative event was held in New York during International Law Week, on 21 October 2024, in the context of the annual meeting of the Legal Advisors.
See: programme
Cooperation with other bodies
- The President of the International Court of Justice, H.E. Judge Nawaf Salam, addressed the Commission, at the 3685th meeting, held on 17 July 2024. An exchange of views followed.
- The Commission was regrettably unable to have its traditional exchanges of views with the African Union Commission on International Law; the Asian-African Legal Consultative Organization; the Committee of Legal Advisers on Public International Law of the Council of Europe; and the Inter-American Juridical Committee. However, it was able to have an informal exchange of views with the International Committee of the Red Cross on 11 July 2024 (chap. XI, sect. D of the 2024 ILC report).
Other business
- The Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, Mr. Miguel de Serpa Soares, made a statement at the 3675th meeting, held on 2 July 2024, informing the Commission of the activities of the Office of Legal Affairs and recent developments of international law in the context of the United Nations. An exchange of views followed.
- The Commission decided to include in its long-term programme of work the topics “Compensation for the damage caused by internationally wrongful acts” and “Due diligence in international law” (chap. XI, sect. C, and annexes I and II of the 2024 ILC report).
- Due to the liquidity crisis facing the United Nations, the commemoration of the seventy-fifth anniversary of the Commission was held in a reduced format, with an event organized with the generous assistance of the Geneva Graduate Institute of International and Development Studies and the Federal Department of Foreign Affairs of Switzerland on 24 May 2024. (chap. XI, sect. C of the 2024 ILC report).
- The Commission reiterated its recommendation to hold first part of its annual session in New York in 2026, and in that regard, it requested the Secretariat to proceed with the necessary administrative and organizational arrangements (chap. XI, sect. C of the 2024 ILC report)