CYIL vol. 7 (2016)

439

CYIL 7 ȍ2016Ȏ THE INTERNATIONAL LAWCOMMISSION AT THE END OF ITS QUINQUENNIUM…

2. The topics on the Agenda of the ILC

In 2016 the Commission had nine topics on its agenda, which is more than usual.

The ILC was able to discuss the following topics: “Protection of persons in the event of

disasters”, “Identification of customary international law”, “Subsequent agreements

and subsequent practice in relation to the interpretation of treaties”, “Crimes

against humanity”, “Protection of the atmosphere”, “Jus cogens”, “Protection of the

environment in relation to armed conflict”, “Provisional application of treaties”, and

partly “Immunity of State officials from foreign criminal jurisdiction”.

Only the first three topics were concluded in the form of a final product, adopted

respectively on second or on first reading. Other topics represent the work in progress,

some of them closer to being a final product, while the others are still at an early stage

of study by the ILC. Therefore this contribution will provide brief information on all

topics on the programme of the Commission.

2.1 Protection of persons in the event of disasters

With respect to this topic the Commission had before it the eighth and final

report of the Special Rapporteur Eduardo Valencia-Ospina.

The report surveys the

comments made by States, international organizations and other entities on the draft

articles on the protection of persons in the event of disasters adopted on first reading

in 2014 and makes recommendations for consideration by the Commission during

the second reading.

On the basis of the report of the Drafting Committee the Commission subsequently

adopted, on second reading, a draft preamble and 18 draft articles, together with

commentaries thereto.

First, draft articles 1 to 3 deal with the scope and purpose of the present draft

articles and the use of terms. In particular, the purpose is “to facilitate the adequate

and effective response to disasters, and reduction of the risk of disasters, so as to meet

the essential needs of the persons concerned, with full respect for their rights”.

When

it comes to disaster, this term means “calamitous event or series of events resulting

in widespread loss of life, great human suffering and distress, or large-scale material

or environmental damage, thereby seriously disrupting the functioning of society”.

The next set of draft articles may be called general principles of disaster response,

such as respect for human dignity and human rights (Arts. 4 and 5), humanitarian

Jurisdiction (Concepción Escobar Hernández), State Succession in Relation to State Responsibility

(Pavel Šturma), Subsequent Agreements and Subsequent Practice in Relation to Treaty Interpretation

(Georg Nolte), Crimes Against Humanity (Sean Murphy) and Protection of the Environment in

relation to Armed Conflict (Marie Jacobsson).

See doc. A/CN.4/697 (2016).

See doc. A/CN.4/L.882 (2016), p. 4.

Ibid

., p. 4.