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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
address procedural issues in her 2017 report.
2.9 Provisional application of treaties
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
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.