International Law Commission

Filling of a casual vacancy

• Further to the resignation of Ms. Phoebe Okowa (Kenya), a casual vacancy arose in the Commission. (See A/CN.4/789 + Add.1 + Add.2)
  
  The following nominations were received:
  • Justice Oagile Betheul Key Dingake (Botswana)
  • Mr. Olufemi Elias (Nigeria)
  • Judge Paul Kuruk (Ghana)
  
  At an election held on Tuesday, 5 May 2026, in accordance with Article 11 of the Statute of the Commission, the Commission elected Mr. Olufemi Elias (Nigeria) to fill the casual vacancy in its membership.

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

The Commission reverted to the report of the Drafting Committee (A/CN.4/L.1017) on its work at the seventy-sixth session (2025) and provisionally adopted draft article 7 by a vote of 23 votes in favour, 4 votes against and 3 abstentions (see rule 127 (a) of the rules of procedure of the General Assembly (A/520/Rev.21)), as well as draft articles 8 and 9 without a vote. The Commission subsequently received and considered the report of the Drafting Committee for the present session (A/CN.4/L.1034), following the completion by the Drafting Committee of its consideration of the remaining draft articles referred to it previously by the Commission, as contained in the first and second reports of the Special Rapporteur (A/CN.4/775 and A/CN.4/780). The Commission adopted, on second reading, the entire set of draft articles on immunity of State officials from foreign criminal jurisdiction, comprising 17 draft articles, together with commentaries thereto. The Commission decided, in accordance with article 23 of its statute, to recommend the draft articles on immunity of State officials from foreign criminal jurisdiction to the General Assembly. In particular, the Commission recommended the elaboration, at the appropriate time, of a convention by the General Assembly or by an international conference of plenipotentiaries on the basis of the draft articles (chap. IV of the 2026 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 re-established the Working Group of the Whole on the topic, chaired by Mr. Bimal N. Patel. The Working Group had before it a revised draft report of the Working Group prepared by the Chair (A/CN.4/L.1004/Rev.1). The Commission adopted the report of the Working Group on the topic and decided not to pursue consideration of the topic further. The report of the Working Group, as amended, is reproduced in the present report (chap. VIII of the 2026 ILC report).

See also: Comments by Governments

General principles of law (Summary | Analytical Guide)

The Commission adopted, on second reading, the entire set of draft conclusions on general principles of law, comprising 12 draft conclusions, together with commentaries thereto. The Commission decided, in accordance with article 23 of its statute, to recommend that the General Assembly: (a) take note in a resolution of the draft conclusions on general principles of law, annex the draft conclusions to the resolution, and ensure their widest dissemination; (b) commend the draft conclusions, together with the commentaries thereto, to the attention of States and all who may be called upon to identify or apply general principles of law; and (c) note the bibliography prepared by the Special Rapporteur and presented in his fourth report (chap. V of the 2026 ILC report).

See also: Comments by Governments

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

The Commission considered the third report of the Special Rapporteur (A/CN.4/782, Add.1, Add.2 and Add.3), which focused on the discussion of disputes between international organizations and private parties. The third report contained an analysis of the practice of settling such disputes, as well as of policy issues relevant to the work of the Commission on the topic. As a result of its consideration of the topic at the present session, the Commission adopted, on first reading, 12 draft guidelines, together with commentaries thereto, on settlement of disputes to which international organizations are parties. In accordance with articles 16 to 21 of its statute, the Commission decided to transmit the draft guidelines, through the Secretary-General, to Governments and relevant international organizations for comments and observations, with a request that such comments and observations be submitted to the Secretary-General by 1 December 2027 (chap. VII of the 2026 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 first report of the Special Rapporteur (A/CN.4/791 and Corr.1). In the first report, the Special Rapporteur reviewed legal instruments on cooperation against piracy and armed robbery at sea, including regional instruments; analysed the legislation and practice of States on policing measures to combat piracy and armed robbery at sea, as well as the mechanisms for criminal prosecutions of such acts; set forth his proposal for future work on the topic; and provided a list of materials consulted in preparing the first report. The Special Rapporteur proposed 18 draft articles in the first report. Following the debate in plenary, the Commission decided to refer draft articles 5 to 14, as contained in the first report, to the Drafting Committee, taking into account the views expressed in the plenary debate and on the basis of the understanding of the Special Rapporteur as to their relationship with the previous provisions referred to the Drafting Committee. The Commission subsequently took note of the interim report of the Chair of the Drafting Committee on draft articles 3 bis, 4 bis, 5, 5 bis, 5 ter and 5 quater provisionally adopted by the Committee, which was submitted to the Commission for information (chap. X of the 2026 ILC report).

See also: interim report 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 adopted, on first reading, 13 draft conclusions, together with commentaries thereto, on subsidiary means for the determination of rules of international law. In accordance with articles 16 to 21 of its statute, the Commission decided to transmit the draft conclusions, through the Secretary-General, to Governments for comments and observations, with a request that such comments and observations be submitted to the Secretary-General by 1 December 2027 (chap. VI of the 2026 ILC report).

See also: Comments by Governments

Non-legally binding international agreements (Summary | Analytical Guide)

The Commission had before it the second and third reports of the Special Rapporteur (A/CN.4/784 and A/CN.4/790). The second report addressed general elements of the topic, the terminology, scope of the project and form of output, and analysed the distinction between treaties and non-legally binding international agreements based on jurisprudence, practice and doctrine. Six draft conclusions were proposed in the second report. The third report supplemented the second report and reflected the views of States expressed in the Sixth Committee of the General Assembly at its eightieth session. Following the debate in plenary, the Commission decided to refer draft conclusions 1 to 6, as contained in the second report of the Special Rapporteur, to the Drafting Committee, taking into account the views expressed in the plenary debate. The Commission considered the report of the Drafting Committee on the topic (A/CN.4/L.1036) and provisionally adopted draft conclusions 1 to 5, together with commentaries thereto (chap. IX of the 2026 ILC report).

See also: statement of the Chair of the Drafting Committee

See also: Comments by Governments

Compensation for the damage caused by internationally wrongful acts (Summary | Analytical Guide)

The Commission had before it the first report of the Special Rapporteur (A/CN.4/793), which reviewed the debate on the topic in the Sixth Committee of the General Assembly and the previous work of the Commission and other international legal bodies relevant to the topic. The report contained an examination of the scope, content and legal status of article 36 of the articles on responsibility of States for internationally wrongful acts, an analysis of the scope of the topic and of relevant judicial decisions and State practice. It also identified issues and questions to be examined by the Commission and discussed the possible form of the final outcome and future work. The Commission considered the first report of the Special Rapporteur in plenary (chap. XII of the 2026 ILC report). The Commission requested the Secretariat to prepare a memorandum on the topic for the seventy-ninth session of the Commission (chap. XIII, sect. C, of the 2026 ILC report).

See also: Comments by Governments

Due diligence in international law (Summary | Analytical Guide)

The Commission had before it the first report of the Special Rapporteur (A/CN.4/792), which discussed the methodological approach and terminological issues, and reviewed the debate on the topic in the Sixth Committee of the General Assembly and the previous work of the Commission and other international legal bodies relevant to the topic. The report contained an overview of available material on the topic since the late nineteenth century. It also identified issues and questions to be examined by the Commission and discussed the possible form of the final outcome and future work on the topic. The Commission considered the first report of the Special Rapporteur in plenary (chap. XI of the 2026 ILC report).

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 3741st meeting, held on 15 May 2026.  An exchange of views followed.
• The Working Group on Relations with Regional Bodies held its first meeting on 2 July 2026, at which time it received a presentation by the Chair of the Committee of Legal Advisers on Public International Law of the Council of Europe (CAHDI), Ms. Kerli Veski. An exchange of views followed.
• Members of the Commission held an informal exchange of views with the International Committee of the Red Cross on 7 July 2026.
• The Working Group on Relations with Regional Bodies held its second meeting on 14 July 2026, at which time it received a presentation by the Chair of the Inter-American Juridical Committee, Mr. Julio José Rojas Báez. An exchange of views followed.
• The Working Group on Relations with Regional Bodies held its third meeting on 15 July 2026, at which time it received a presentation by the Secretary-General of the Asian-African Legal Consultative Organization (AALCO), Dr. Kamalinne Pinitpuvadol. An exchange of views followed.

Other business

• The Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, Ms. Elinor Hammarskjöld, made a statement at the 3733rd meeting, held on 1 May 2026, informing the Commission of the activities of the Office of Legal Affairs and recent developments in international law in the context of the United Nations. An exchange of views was held.
• The Secretary-General of the United Nations, H.E. António Guterres, paid a visit to the International Law Commission and made a brief statement at the 3755th meeting, held on 6 July 2026. [Video: ]
• The Commission decided to include the topic “Identification and legal consequences of obligations erga omnes in international law” in its programme of work and to appoint Mr. Masahiko Asada as Special Rapporteur (chap. XIII, sect. B, of the 2026 ILC report).
• The Commission re-established a Planning Group to consider its programme, procedures and working methods, which in turn decided to re-establish the Working Group on the long-term programme of work, chaired by Mr. Marcelo Vázquez-Bermúdez, and the Working Group on methods of work and procedures, chaired by Mr. Charles Chernor Jalloh.
• The Commission decided to include in its long-term programme of work the topic “The right to regulate in international investment law”. It also approved an updated syllabus on the topic “Extraterritorial jurisdiction”, which had been added to the long-term programme of work of the Commission at its fifty-eighth session, in 2006 (chap. XIII and annexes I and II of the 2026 ILC report).

Date and place of the seventy-eighth session

• The Commission decided that its seventy-eighth session would be held in Geneva, from 26 April to 11 June and from 5 to 30 July 2027 (chap. XIII of the 2026 ILC report).