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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).