International Law Commission, July 2023.
The International Law Commission was established by the General Assembly, in 1947, to undertake the mandate of the Assembly, under article 13 (1) (a) of the Charter of the United Nations to "initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification".
In accordance with resolution78/108 of 7 December 2023, the International Law Commission was scheduled to hold its seventy-fifth session at the United Nations Office in Geneva (UNOG) from 15 April to 31 May and from 1 July to 2 August 2024 (12 weeks). However, in light of the ongoing financial crisis, the session was held from 29 April to 31 May and from 1 July to 2 August 2024 (10weeks), in conference room XXI.
#ILC_2024
- Seventy-fifth session: Documents | Daily bulletin |
2024 ILC Report (advance version) - Commemoration of the 75th anniversary of the International Law Commission, Geneva, 24 May 2024
- Recently adopted texts:
- Draft conclusions on identification and legal consequences of peremptory norms of general international law (jus cogens), 2022
- Draft principles on protection of the environment in relation to armed conflicts, 2022
- Draft guidelines on the protection of the atmosphere, 2021
- Guide to Provisional Application of Treaties, 2021
- Draft articles on prevention and punishment of crimes against humanity, 2019
- Draft conclusions on subsequent agreements and subsequent practice in relation to the interpretation of treaties, 2018
- Draft conclusions on identification of customary international law, 2018
- Draft articles on the Protection of persons in the event of disasters, 2016
Current programme of work
The following topics are on the programme of work of the Commission:
- Immunity of State officials from foreign criminal jurisdiction;
- Succession of States in respect of State responsibility;
- General principles of law;
- Sea-level rise in relation to international law;
- Settlement of disputes to which international organizations are parties;
- Prevention and repression of piracy and armed robbery at sea;
- Subsidiary means for the determination of rules of international law;
- Non-legally binding international agreements.
Latest publication: Work of the International Law Commission, 10th ed. (vols.I and II)
Work of the International Law Commission, 10th ed., vols. I and II provides a general introduction to the work of the International Law Commission and includes several annexes (vol. II) reproducing the instruments adopted on the basis of the work of the Commission, or by the Commission itself.
Recent Developments
2024 ILC Report (advance version)
12 August 2024 Advance unofficial version of the 2024 ILC report is made available for the convenience of delegations. Official issuance in all six languages is expected by mid-September.
Adoption of the report
2 August 2024 The Commission adopted its report of the seventy-fifth session as a whole and thus concluded its work for that session.
Filling of a casual vacancy
31 July 2024 The Commission elected Mr. Xinmin Ma (China) to fill the casual vacancy arising from the resignation of Mr. Huikang Huang.
Immunity of State officials
30 July 2024 The Chair of the Drafting Committee presented the report of the Drafting Committee on the topic (A/CN.4/L.1001). The Commission took note of draft articles 1, 3, 4 and 5, provisionally adopted by the Drafting Committee.
Succession of States & responsibility
26 July 2024 The Chair of the Working Group on the topic, Mr. August Reinisch, presented the oral report of the Working Group. The Commission took note of the oral report of the Working Group and adopted the recommendations contained therein.
Sea-level rise
26 July 2024 The Co-Chair of the Study Group on the topic, Ms. Patrícia Galvão Teles, presented the oral report of the Study Group. The Commission took note of the oral report of the Study Group.
Immunity of State officials
25 July 2024 The document containing texts and titles of draft articles 1, 3, 4 and 5 [6] as provisionally adopted by the Drafting Committee, has been issued (A/CN.4/L.1001).
Succession of States & responsibility
24 July 2024 The document containing the report of the Working Group on the succession of States in respect of State responsibility has been issued (A/CN.4/L.1003).
Sea-level rise
23 July 2024 The document containing the report of the Study Group on sea-level rise in relation to international law has been issued (A/CN.4/L.1002).
Non-legally binding agreements
19 July 2024 The Special Rapporteur summed up the debate of his first report on the topic (A/CN.4/772).
Visit of the ICJ President
17 July 2024 The President of the International Court of Justice, H.E. Judge Nawaf Salam, addressed the Commission. An exchange of views followed.
Non-legally binding agreements
10 July 2024 The Special Rapporteur, Mr. Mathias Forteau, introduced his first report on the topic (A/CN.4/772). The Commission began its consideration of the Special Rapporteur’s first report.
FAQs
It is considered to be the prime rule in the international system, which makes it difficult to enforce international law because of international nuances, such as political and economic relationships between states, cultural variations, and the different judicial systems coexisting.
What does the International Law Commission do? ›
encouraging the progressive development of international law and its codification".
Is international law a good thing? ›
International law is critical to relationships among different nations and forms an important part of business practice in an increasingly interconnected global economy, making it a deeply impactful legal field.
Who drafts international law? ›
International Law Commission
Often, the Commission also prepares drafts on aspects of international law. Some topics are chosen by the Commission, others are referred to it by the General Assembly.
What is the main problem with international law? ›
The main problem with international law, according to Hart, is that it lacks secondary rules. This means it is not law in a modern developed sense, but in a simple or primitive one.
What are the most effective ways to enforce international law? ›
The domestic implementation and application of international law is the most fundamental and important means of enforcing international law. The “domestic implementation” of international law refers to the enactment of rules by national legislators to fulfill the international obligations of the state.
What is Article 8 of the international law? ›
Article 8 Conduct directed or controlled by a State
The conduct of a person or group of persons shall be considered an act of a State under international law if the person or group of persons is in fact acting on the instructions of, or under the direction or control of, that State in carrying out the conduct.
What are internationally wrongful acts? ›
Elements of an internationally wrongful act of a State. There is an internationally wrongful act of a State when conduct consisting of an action or omission: (a) is attributable to the State under international law; and (b) constitutes a breach of an international obligation of the State.
What are countermeasures in the International Law Commission? ›
Countermeasures must be commensurate with the injury suffered, taking into account the gravity of the internationally wrongful act and the rights in question. (1) Article 51 establishes an essential limit on the taking of countermeasures by an injured State in any given case, based on considerations of proportionality.
Which country breaks the most international laws? ›
By far, the biggest perpetrator of international law in the 20th century could be argued to be the Soviet Union, either directly or indirectly by creating or supporting regimes&also, the Soviet Union perpetrated many crimes itself.
Although international law is not strictly enforceable upon nations or other international actors, treaties and the possibility of economic sanctions work to create heavy incentives for abiding by international law.
Why is international law criticized? ›
Scholars and foreign policy practitioners debate the importance and limits of international law. For some, these laws fail to effectively govern. Critics of international law have substantial evidence to back their claims; many governments openly violate their international legal commitments without consequences.
Is international law a true law? ›
International conferences and conventions also treat international law as law in its true sense. The United Nations is based on the true legality of international law. As per statute of the International Court of Justice, the Court to decide disputes as are submitted to it in accordance with international law.
Who controls international law? ›
The UN Charter gives the General Assembly the power to initiate studies and make recommendations to promote the development and codification of international law. Many subsidiary bodies of the General Assembly consider specific areas of international law and report to the plenary.
How can you prove the existence of international law? ›
In 1950, the International Law Commission listed the following sources as forms of evidence of customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations.
International Law CommissionWelcome to the United Nationshttps://legal.un.org ›
International Law Commission, July 2023. The International Law Commission was established by the General Assembly, in 1947, to undertake the mandate of the Asse...
The International Law Commission (ILC) is a body of experts responsible for helping develop and codify international law. It is composed of 34 individuals recog...
If litigation is necessary, most cases in which international law is applied arise in municipal courts and tribunals. Only a small proportion of cases that are ...
Environmental laws are difficult to implement because there is some ambiguity in the integration between the principles of environmental law at the international level and the national level. They therefore require the cooperation of different actors in the varying states (Hughes, 1992).
How are international laws typically enforced? ›
Ultimately, the Security Council of the United Nations is empowered to broadly enforce international law. They can do this through sanctions, peace-keeping operations, or formal censures.
Is international law hard or soft? ›
Soft law instruments are predominantly found in the international sphere. UN General Assembly resolutions are an example of soft law. Hard law refers generally to legal obligations that are binding on the parties involved and which can be legally enforced before a court.
Why have international treaties been rarely enforced so far? ›
One important reason why international treaties are rarely enforced is the challenge of ensuring compliance. Many treaties depend on countries voluntarily adhering to the rules, which isn't always reliable. Some nations may sign a treaty without fully committing to its enforcement.
