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THE WORK OF THE INTERNATIONAL LAW COMMISSION IN 2015, BUSINESS AS USUAL?
THE WORK OF THE INTERNATIONAL LAW
COMMISSION IN 2015, BUSINESS AS USUAL?
Pavel
Štu
rma
1
1. Introduction and the organization of the sixty-seventh session
of the ILC
The International Law Commission is the United Nations body which has for
its object the promotion of the progressive development of international law and its
codification. The ILC consists of 34 members who shall be persons of recognized
competence in international law, elected by the General Assembly for a term of five
years. In 2015, the Commission has entered into the second part of its current term.
This contribution aims at presenting the results of its work completed this year, as
well as the on-going work and some new topics.
As usual, the session of the Commission took part in Geneva and was split in two
parts. The first part of the session (from 4 May till 5 June) was followed by a month
break. Then the Commission resumed its session on 6 July; the second part lasted
until 7 August 2015.
At its first meeting on 4 May 2015 the Commission elected the Chairman of the
ILC and other officers of the Bureau of the sixty-sixth session.
2
On some occasions
they also meet in the Enlarged Bureau, including in particular the Special Rapporteurs
and chairman of a Study Group. The Commission also set up a Planning Group
under the chairmanship of Mr. Wako, during his absence chaired by Mr. Šturma.
The ILC also established a Drafting Committee, which met this year for all seven
topics where some draft articles or conclusions were sent to it: (a) Identification of
customary international law; (b) Protection of the atmosphere; (c) Crimes against
humanity; (d) Subsequent agreements and subsequent practice in relation to the
interpretation of treaties; (e) Protection of the environment in relation to armed
conflicts; (f ) Immunity of State officials from foreign criminal jurisdiction; and (g)
Provisional application of treaties. However, due to the lack of time, the Commission
provisionally adopted the draft articles or conclusions with commentaries only with
1
Prof. JUDr. Pavel Šturma, DrSc.
, is professor and Head of the Department of International Law, Faculty
of Law, Charles University in Prague, senior research fellow at the Institute of Law of the Czech Academy
of Sciences, President of the Czech Society of International Law and member of the UN International Law
Commission. He is a co-author of the textbook Public International Law and author of many publications
on codification of international law, international criminal law, human rights and international investment
law.
2
Chairman: Mr. Narinder Singh (India), First Vice-Chairman: Mr. Amos S. Wako (Kenya), Second
Vice-Chairman: Mr. Pavel Šturma (Czech Republic), Chairman of the Drafting Committee: Mr.
Mathias Forteau (France), Rapporteur: Mr. Marcelo Vázquez-Bermúdez (Ecuador).