International Law Commission

Immunity of State officials from foreign criminal jurisdiction (Summary | Analytical Guide)

The Commission had before it the second report of the Special Rapporteur on the topic (A/CN.4/780), as well as comments and observations received from Governments (A/CN.4/771 and Add.1, 2 and 3). The second report addressed the comments and observations made by Governments on draft articles 7 to 18 and the draft annex, as adopted on first reading, and included proposals for their consideration on second reading. Following the debate in plenary, the Commission decided to refer draft articles 7 to 18 and the draft annex to the Drafting Committee, taking into account the comments and observations made during the plenary debate. The Commission provisionally adopted draft articles 1, 3, 4 and 5, which it had taken note of at the seventy-fifth session. It also subsequently adopted commentaries to draft articles 1, 3, 4 and 5. The Commission received and took note of the report of the Drafting Committee on draft articles 7, 8 and 9 (A/CN.4/L.1017), as provisionally adopted by the Drafting Committee on second reading at the present session. Owing to the unavailability of time for the preparation, translation and consideration of commentaries, as a consequence of the reduced length of the session, the adoption of draft articles 7, 8 and 9 by the Commission was postponed to the seventy-seventh session (chap. V of the 2025 ILC report).

See also: statement of the Chair of the Drafting Committee.

See also: Comments by Governments

Succession of States in respect of State responsibility (Summary | Analytical Guide)

Further to the decision taken at its seventy-fifth session, the Commission decided to establish a Working Group of the Whole on the topic, chaired by Mr. Bimal N. Patel. The Working Group had before it a draft report of the Working Group prepared by the Chair (A/CN.4/L.1004). Owing to the reduction of the length of the present session, the Working Group was only able to hold one meeting. The Commission took note of the oral report of the Chair of the Working Group on the discussion in the Working Group. The report of the Working Group is reproduced in the present report. The Commission expects to continue with the consideration of the topic at its seventy-seventh session. (chap. XI of the 2025 ILC report).

See also: Comments by Governments

General principles of law (Summary | Analytical Guide)

The Commission had before it the fourth report of the Special Rapporteur (A/CN.4/785) with the bibliography thereto (A/CN.4/785/Add.1), as well as comments and observations received from Governments (A/CN.4/779 + Add.1). The fourth report addressed the comments and observations received from Governments on the draft conclusions and commentaries, as adopted on first reading, as well as comments made by States in the Sixth Committee. The fourth report proposed modifications to the draft conclusions where necessary. Following the debate in plenary, the Commission decided to refer draft conclusions 1 to 12 to the Drafting Committee, taking into account the comments and observations made during the plenary debate. The Commission received and took note of the report of the Drafting Committee on the consolidated text of draft conclusions 1 to 12 (A/CN.4/L.1018), as provisionally adopted by the Drafting Committee on second reading at the present session. Owing to the unavailability of time for the preparation, translation and consideration of commentaries, as a consequence of the reduced length of the session, the adoption of the draft conclusions on general principles of law on second reading by the Commission was postponed to the seventy-seventh session (chap. VI of the 2025 ILC report).

See also: statement of the Chair of the Drafting Committee

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 final consolidated report of the Co-Chairs of the Study Group (A/CN.4/783), prepared by the Co-Chairs of the Study Group, Ms. Patrícia Galvão Teles, Ms. Nilüfer Oral and Mr. Juan José Ruda Santolaria, which addressed all three subtopics – law of the sea, statehood, and the protection of persons affected by sea-level rise – as well as a draft final report of the Study Group, proposed by the Co-Chairs. The Commission adopted the final report of the Study Group and concluded its consideration of the topic (chap. IV and Annex I of the 2025 ILC report).

See also: Comments by Governments

Settlement of disputes to which international organizations are parties (Summary | Analytical Guide)

The Commission had before it the third report of the Special Rapporteur (A/CN.4/782), with the bibliography thereto (A/CN.4/782/Add.1). In his third report, the Special Rapporteur focused on the discussion of disputes between international organizations and private parties. He also provided an analysis of the practice of settling such disputes, as well as of policy issues relevant to the Commission’s work on the topic, outlined his plans for the future work and proposed five draft guidelines. Owing to the reduction of the length of the present session, the Commission was unable to consider the third report of the Special Rapporteur in plenary. The Commission decided to establish a Working Group of the Whole on the topic, chaired by the Special Rapporteur, to allow for a preliminary exchange of views on the third report. The Working Group held one meeting. The Commission took note of the oral report of the Chair of the Working Group on the discussion in the Working Group. The report of the Working Group is reproduced in the present report. The Commission expects to continue with the consideration of the topic and conclude the first reading of the draft guidelines at its seventy-seventh session (chap. VIII of the 2025 ILC report).

The Commission indicated that it would appreciate receiving information from States, international organizations and others, on additional materials, in all official languages of the United Nations, for inclusion in a future revised version of the bibliography and table of cases prepared by the Special Rapporteur on the settlement of disputes to which international organizations are parties for the seventy-sixth session. The Commission indicated that it would particularly appreciate receiving relevant information on decisions of national and international courts and arbitral tribunals, as well as publications, on the topic, by 1 December 2025.

See also: Comments by Governments

Prevention and repression of piracy and armed robbery at sea (Summary | Analytical Guide)

The Commission had before it a note by the Special Rapporteur (A/CN.4/786). In his note, the Special Rapporteur identified points of law which, in his opinion, could constitute the major themes of the work of the Commission on the topic, outlined general areas of inquiry based on the main features of the topic and provided methodological guidance. The Commission decided to establish a Working Group of the Whole on the topic, chaired by the Special Rapporteur, to consider the note by the Special Rapporteur. Owing to the reduction of the length of the present session, the Working Group held one meeting. The Commission took note of the oral report of the Chair of the Working Group on the discussion in the Working Group. The report of the Working Group is reproduced in the present report. The Commission expects to continue with the consideration of the topic at its seventy-seventh session (chap. X of the 2025 ILC report).

Having regard to the list of documents contained in the annex to the note by the Special Rapporteur (A/CN.4/786), the Commission indicated that it would appreciate receiving from States and competent international organizations additional or updated information, by 1 December 2025, concerning legislation, decisions of national courts and tribunals and practice of States relevant to the topic, including in relation to articles 100 to 107 of the United Nations Convention on the Law of the Sea. The Commission also indicated that it would appreciate receiving from States information concerning legislation and practice related to the use of uncrewed vessels and aircrafts in the context of prevention and repression of piracy and armed robbery at sea.

See also: Comments by Governments

Subsidiary means for the determination of rules of international law (Summary | Analytical Guide)

The Commission had before it the third report of the Special Rapporteur (A/CN.4/781) with the bibliography thereto (A/CN.4/781/Add.1). The third report addressed, inter alia, teachings, the works of expert bodies, resolutions of international organizations and intergovernmental conferences, the question of unity and coherence of international law, the relationship between “subsidiary means” for determining rules of law and “supplementary means” of interpretation, the structure of the draft conclusions and the future programme of work. Following the debate in plenary, the Commission decided to refer draft conclusions 9, 10, 11, 12 and 13, as presented in the third report, to the Drafting Committee, taking into account the comments and observations made during the plenary debate. The Commission also referred the draft conclusions adopted at previous sessions back to the Drafting Committee for the purpose of finalizing the first reading. The Commission received and took note of the report of the Drafting Committee containing draft conclusions 1 to 13 (A/CN.4/L.1019), as provisionally adopted by the Drafting Committee on first reading at the present session. The adoption of draft conclusions 1 to 13 by the Commission was postponed to the seventy-seventh session, owing to the unavailability of time for the translation and consideration of commentaries, which had been prepared by the Special Rapporteur, as a consequence of the reduced length of the session (chap. VII of the 2025 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 second report of the Special Rapporteur (A/CN.4/784). In his report, the Special Rapporteur addressed general elements of the topic, its purpose, the terminology used, the scope of the project, the form of the outcome and the matters to be addressed through a “without prejudice” clause. The report further analysed the distinction between treaties and non-legally binding international agreements based on jurisprudence, practice and doctrine, and the next steps to be addressed in future work. On the basis of the assessment of the relevant materials, the Special Rapporteur proposed six draft conclusions in his second report. Owing to the reduction of the length of the present session, the Commission was unable to consider the second report of the Special Rapporteur in the plenary. The Commission decided to establish a Working Group of the Whole on the topic, chaired by the Special Rapporteur, to allow for a preliminary exchange of views on the second report. The Working Group held one meeting. The Commission took note of the oral report of the Chair of the Working Group on the discussion in the Working Group. The report of the Working Group is reproduced in the present report. The Commission expects to continue with the consideration of the topic at its seventy-seventh session (chap. IX of the 2025 ILC report).

The Commission indicated that it considered as still relevant the request for information on the topic “Non-legally binding international agreements” contained in chap. III of the report of its seventy-fifth session (2024), and it would appreciate receiving the following information, or any updates to information already submitted pursuant to that request, by 1 December 2025, concerning examples, in particular, of: (a) the practice of competent ministries and decisions of national courts, as appropriate, concerning non-legally binding international agreements; and (b) any guidelines adopted at the national level on non-legally binding international agreements that States could publicly share with the Special Rapporteur and the Commission.

See also: Comments by Governments

Cooperation with other bodies

• The President of the International Court of Justice, H.E. Judge Yuji Iwasawa, addressed the Commission, at the 3710th meeting, held on 8 May 2025.  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 20 May 2025 (chap. XII, sect. D of the 2025 ILC report).

Other business

• The Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, Ms. Elinor Hammarskjöld, made a statement at the 3703rd meeting, held on 29 April 2025, 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 the topics “Compensation for the damage caused by internationally wrongful acts” and “Due diligence in international law” in its programme of work the topics and to appoint Mr. Mārtiņš Paparinskis and Ms Penelope Ridings, respectively, as Special Rapporteurs (chap. XII, sect. C of the 2025 ILC report).
• The Commission decided to include in its long-term programme of work the topics “The principle of non intervention in international law”, “Identification and legal consequences of obligations erga omnes in international law” and “Legal aspects of accountability for crimes against United Nations personnel serving in peacekeeping operations” (chap. XII, sect. C and annexes II, III and IV of the 2025 ILC report).

Date and place of the seventy-seventh session

• The Commission decided that its seventy-seventh session would be held in New York, from 20 April to 29 May 2026, and in Geneva, from 29 June to 7 August 2026. In the event that insufficient resources are made available to hold the first part of the seventy-seventh session in New York, then the first part would be held in Geneva from 27 April to 5 June 2026 (chap. XII, sect. C of the 2025 ILC report).