General Assembly

Distr. GENERAL  

25 November 1992

ORIGINAL:
ENGLISH

 
                                             A/RES/47/33
                                             73rd plenary meeting
                                             25 November 1992
 
 
           Report of the International Law Commission on
               the work of its forty-fourth session
 
 
     The General Assembly,
 
     Having considered the report of the International Law Commission on the
work of its forty-fourth session,
 
     Emphasizing the need for the progressive development of international law
and its codification in order to make it a more effective means of
implementing the purposes and principles set forth in the Charter of the
United Nations and in the Declaration on Principles of International Law
concerning Friendly Relations and Cooperation among States in accordance with
the Charter of the United Nations and to give increased importance to its role
in relations among States,
 
     Recognizing the importance of referring legal and drafting questions to
the Sixth Committee, including topics that might be submitted to the
International Law Commission, and of enabling the Sixth Committee and the
Commission further to enhance their contribution to the progressive
development of international law and its codification,
 
     Recalling the need to keep under review those topics of international law
which, given their new or renewed interest for the international community,
may be suitable for the progressive development and codification of
international law and therefore may be included in the future programme of
work of the International Law Commission,
 
     Recognizing the role of the International Law Commission in the
fulfilment of the objectives of the United Nations Decade of International
Law,
 
     Taking note with appreciation of the sections of the report of the
International Law Commission concerning the question of the possible
establishment of an international criminal jurisdiction and noting the debate
in the Sixth Committee pertaining to this question,
 
     Considering that experience has demonstrated the usefulness of
structuring the debate on the report of the International Law Commission in
the Sixth Committee in such a manner that conditions are provided for
concentrated attention on each of the main topics dealt with in the report,
and that this process is facilitated when the Commission indicates specific
issues on which expressions of views by Governments are of particular interest
for the continuation of its work,
 
     1.   Takes note of the report of the International Law Commission on the
work of its forty-fourth session;
 
     2.   Expresses its appreciation to the International Law Commission for
the work accomplished at that session;
 
     3.   Recommends that, taking into account the comments of Governments,
whether in writing or expressed orally in debates in the General Assembly, the
International Law Commission should continue its work on the topics in its
current programme;
 
     4.   Takes note with appreciation of chapter II of the report of the
International Law Commission, entitled "Draft Code of Crimes against the Peace
and Security of Mankind", which was devoted to the question of the possible
establishment of an international criminal jurisdiction;
 
     5.   Invites States to submit to the Secretary-General, if possible
before the forty-fifth session of the International Law Commission, written
comments on the report of the Working Group on the question of an
international criminal jurisdiction;
 
     6.   Requests the International Law Commission to continue its work on
this question by undertaking the project for the elaboration of a draft
statute for an international criminal court as a matter of priority as from
its next session, beginning with an examination of the issues identified in
the report of the Working Group and in the debate in the Sixth Committee with
a view to drafting a statute on the basis of the report of the Working Group,
taking into account the views expressed during the debate in the Sixth
Committee as well as any written comments received from States, and to submit
a progress report to the General Assembly at its forty-eighth session;
 
     7.   Endorses the decision of the International Law Commission not to
pursue further, during the present term of office of its members, the
consideration of the second part of the topic "Relations between States and
international organizations";
 
     8.   Expresses its appreciation for the efforts of the International Law
Commission to improve its procedures and methods of work;
 
     9.   Requests the International Law Commission:
 
     (a)  To consider thoroughly:
 
     (i)  The planning of its activities and programme for the term of office
          of its members, bearing in mind the desirability of achieving as
          much progress as possible in the preparation of draft articles on
          specific topics;
 
    (ii)  Its methods of work in all their aspects, bearing in mind that the
          staggering of the consideration of some topics might contribute,
          inter alia, to a more effective consideration of its report in the
          Sixth Committee;
 
     (b)  To continue to pay special attention to indicating in its annual
report, for each topic, those specific issues on which expressions of views by
Governments, either in the Sixth Committee or in written form, would be of
particular interest for the continuation of its work;
 
     10.  Takes note of the comments of the International Law Commission on
the question of the duration of its session, as presented in paragraph 377 of
its report, and expresses the view that the requirements of the work for the
progressive development of international law and its codification and the
magnitude and complexity of the subjects on the agenda of the Commission make
it desirable that the usual duration of its sessions be maintained;
 
     11.  Reaffirms its previous decisions concerning the role of the
Codification Division of the Office of Legal Affairs of the Secretariat and
those concerning the summary records and other documentation of the
International Law Commission;
 
     12.  Again draws the attention of Governments to the importance, for the
International Law Commission, of having their views on the draft articles on
the law of the non-navigational uses of international watercourses and on the
draft Code of Crimes against the Peace and Security of Mankind, adopted on
first reading by the Commission, and urges them to present in writing their
comments and observations by 1 January 1993, as requested by the Commission;
 
     13.  Once again expresses the wish that seminars will continue to be held
in conjunction with the sessions of the International Law Commission and that
an increasing number of participants from developing countries will be given
the opportunity to attend those seminars, appeals to States that can do so to
make the voluntary contributions that are urgently needed for the holding of
the seminars, and expresses the hope that every effort will continue to be
made by the Secretary-General, within existing resources, to provide the
seminars with adequate services, including interpretation, as required;
 
     14.  Requests the Secretary-General to forward to the International Law
Commission, for its attention, the records of the debate on the report of the
Commission at the forty-seventh session of the General Assembly, together with
such written statements as delegations may circulate in conjunction with their
oral statements, and to prepare and distribute a topical summary of the
debate;
 
     15.  Recommends the continuation of efforts to improve the ways in which
the report of the International Law Commission is considered in the Sixth
Committee, with a view to providing effective guidance for the Commission in
its work;
 
     16.  Also recommends that the debate on the report of the International
Law Commission at the forty-eighth session of the General Assembly commence on
25 October 1993.