Report of the International Law Commission on the work of its
sixty-third and sixty-fifth sessions (Agenda item 81)
Summary of work
Background (source: A/68/100)
The International Law Commission was established by the General Assembly at its second session, in 1947, with a view to giving effect to Article 13, paragraph 1 (a), of the Charter and with the objective of promoting the progressive development of international law and its codification (resolution 174 (II)).
The statute of the Commission, annexed to resolution 174 (II), was subsequently amended (resolutions 485 (V), 984 (X), 985 (X) and 36/39). The Commission consists of 34 members elected for a term of five years. The last election was held at the sixty-sixth session of the General Assembly (decision 66/506).
At its sixty-seventh session, the General Assembly expressed its appreciation to the Commission for the work accomplished at its sixty-fourth session, in particular for the completion of the first reading of the draft articles on the expulsion of aliens, and drew the attention of Governments to the importance of having their comments and observations on those draft articles and commentaries thereto by 1 January 2014; recommended that the Commission continue its work on the topics in its current programme; decided that the consideration of chapter IV of the report of the Commission on the work of its sixty-third session, dealing with the topic“Reservations to treaties”, should be continued at the sixty-eighth session of the Assembly, during the consideration of the report of the Commission on the work of its sixty-fifth session; drew the attention of Governments to the importance for the Commission of having their views on the various aspects of the topics on the agenda of the Commission, in particular on all the specific issues identified in chapter III of its report, regarding the topics “Immunity of State officials from foreign criminal jurisdiction” and “Formation and evidence of customary international law”; noted with appreciation the inclusion of the topics “Provisional application of treaties” and “Formation and evidence of customary international law” in the programme of work of the Commission and encouraged it to continue the examination of the topics that are in its long-term programme of work; and invited the Commission to continue to give priority to the topics “Immunity of State officials from foreign criminal jurisdiction” and “The obligation to extradite or prosecute (aut dedere aut judicare)”(resolution 67/92).
Consideration at the sixty-eighth session (forthcoming)
Action taken by the Sixth Committee (forthcoming)