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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).