CYIL 2015

PAVEL ŠTURMA CYIL 6 ȍ2015Ȏ crimes against humanity”. 19 The text of this paragraph is inspired by Article 2 (2) of the Convention against Torture (1984), as well as Article 1 (2) of the International Convention for the Protection of All Persons from Enforced Disappearance (2006) or Article 5 of the Inter-American Convention to Prevent and Punish Torture (1985). 20 2.4 Subsequent agreements and subsequent practice in relation to the interpretation of treaties With respect to this topic, the Commission had before it the third report of the Special Rapporteur Georg Nolte, 21 which contained one draft conclusion relating to constituent instruments of international organizations. Following the debate in Plenary and the Drafting Committee, the Commission provisionally adopted draft conclusion 11, together with commentaries thereto. 22 According to this conclusion Articles 31 and 32 of the Vienna Convention on the Law of Treaties apply to a treaty which is the constituent instrument of an international organization. Its paragraph 1 confirms that subsequent agreements and subsequent practice under Article 31, para. 3, are, and other subsequent practice under Article 32 may be, means of interpretation for such treaties. Paragraph 2 highlights that subsequent agreements and practice of State parties may arise from their reactions to the practice of an international organization, or they may be expressed in the practice of an organization in the application of its constituent instrument. 23 Paragraph 3 of refers to another form of practice which may be relevant for the interpretation of a constituent instrument of an international organization, i.e. the practice of the organization as such. This practice only may contribute to the interpretation of that instrument when applying Articles 31, para. 1, and 32 of the Vienna Convention. 24 2.5 Protection of the environment in relation to armed conflict Concerning this topic, the Commission had before it the second report of the Special Rapporteur, Ms. Marie Jacobsson. 25 The report examined existing rules of armed conflict directly relevant to the protection of the environment in relation to armed conflict. It contained five draft principles and three preambular paragraphs relating to the scope and purpose of the draft principles as well as use of terms. Following the debate in Plenary, the Commission decided to refer the draft preambular paragraphs and the draft principles to the Drafting Committee, with the understanding that the provision on “Use of terms” was referred for the purpose of facilitating discussions and to be left pending by the Drafting Committee at this stage. 19 Ibid ., p. 22. 20 Ibid ., pp. 32-33.

21 See doc. A/CN.4/683 (2015). 22 See doc. A/CN.4/L.861 (2015).

23 See doc. A/CN.4/L.861 (2015), p. 7, § 15. 24 See doc. A/CN.4/L.861 (2015), p. 12, § 26. 25 See doc. A/CN.4/685 (2015).

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