CYIL Vol. 7, 2016

PAVEL ŠTURMA CYIL 7 ȍ2016Ȏ criminal jurisdiction. 42 The report also contained proposals of draft Article 7 (Crimes in respect of which immunity does not apply). Since at the time of its consideration the report was only available in two of the six official languages of the United Nations, the debate in the Commission only commenced, involving members wishing to speak on the topic, and would be continued at the sixty-ninth session in 2017. Nevertheless, a debate took place and, in spite of its preliminary nature, presented a wide range of views, which was reflected in the report of the ILC. 43 In addition, on the basis of the report of the Drafting Committee on work done previously and taken note of by the ILC in 2015, the Commission provisionally adopted draft articles 2(f ) and 6 with commentaries. 44 As to the future programme of work, the Special Rapporteur confirmed her intention, in case of reelection, to In relation to the topic “Provisional application of treaties”, the Commission considered the fourth report of the Special Rapporteur J.M. Gómez-Robledo. 45 The report further considered the relationship of provisional application to other provisions of the Vienna Convention on the Law of Treaties (1969) and the practice of international organizations with regard to provisional application. The report included a proposal for a draft guideline 10 on internal law and the observation of provisional application of all or part of the treaty. The addendum to the report contained examples of practice of the European Union on provisional application of agreements with third States. Following on the critical debate in Plenary, the Commission referred the draft guideline 10, as proposed by the Special Rapporteur, to the Drafting Committee. The Commission later received the report of the Drafting Committee and took note of draft guidelines 1 to 4 and 6 to 9, provisionally adopted by the Drafting Committee in 2014 and 2015. It is expected that the Commission will take action on the draft guidelines and commentaries at the next session. 46 Draft guideline 5 on unilateral declarations was kept in suspension by the Drafting Committee to be returned to at a later stage. At the 2016 session the Drafting Committee discussed, redrafted and adopted draft guideline 4 (Form) on additional means of agreement, i.e. a separate agreement or other means or arrangements. Draft guideline 6 deals with the commencement address procedural issues in her 2017 report. 2.9 Provisional application of treaties

42 See doc. A/CN.4/701 (2016). 43 See doc. A/CN.4/L.889/Add.3.

44 See A/CN.4/L.889/Add.1 and Add.2. 45 See doc. A/CN.4/699 and Add.1 (2016). 46 See doc. A/CN.4/890 (2016), p. 3, § 7.

448