Sixth Committee (Legal) — 77th session
Diplomatic protection (Agenda item 79)
- Authority: resolution 74/188
Documentation
- A/77/261 — Report of the Secretary-General on diplomatic protection containing comments and information received from Governments
- A/C.6/77/L.20 — Draft resolution
Summary of work
Background (source: A/77/100)
At its sixty-first session, the General Assembly, under the item entitled “Report of the International Law Commission on the work of its fifty-eighth session”, took note of the draft articles on diplomatic protection adopted by the International Law Commission, and decided to include in the provisional agenda of its sixty-second session an item entitled “Diplomatic protection” (resolution 61/35).
The Assembly has had the item on its agenda triennially since its sixty-second session (resolutions 62/67, 65/27, 68/113, 71/142 and 74/188).
At its seventy-fourth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 15 delegations (see A/C.6/74/SR.13–15). The Assembly decided to include in the provisional agenda of its seventy-seventh session the item entitled “Diplomatic protection” and invited Governments to focus their statements, in the light of the written comments submitted to the Secretary-General, as well as views expressed in the debates held at the sixty-second, sixty-fifth, sixty-eighth, seventy-first and seventy-fourth sessions of the Assembly, on the question of a convention on diplomatic protection, or any other appropriate action, on the basis of the above-mentioned articles, and also on identifying any difference of opinion on the articles (resolution 74/188).
Consideration at the seventy-seventh session
The Sixth Committee considered the item at its 32nd and 36th meetings, on 3 and 18 November 2022 (see A/C.6/77/SR.32 and 36). For its consideration of the item, the Committee had before it the report of the Secretary-General (A/77/261).
Statements were made by the representatives of Australia (on behalf of Australia, Canada, and New Zealand (CANZ)), Singapore, the Islamic Republic of Iran, Belarus, the United States of America, Mexico, Brazil, El Salvador, Portugal, the Russian Federation, Chile, Malaysia, the Netherlands, Italy and Algeria.
Several delegations expressed support for proceeding to the elaboration of a convention on the basis of the articles on diplomatic protection. It was underlined that the articles struck a fair balance between the progressive development of international law and its codification. The view was expressed that apparent inconsistencies between the articles and State practice could be resolved, and certain aspects of the articles could be improved, through negotiations on a convention. A number of delegations stressed that such a convention would provide an important tool for the protection of human rights. Several delegations also emphasized the link between the articles on diplomatic protection and those on the responsibility of States for internationally wrongful acts. In that connection, the view was expressed that the two sets of articles could lead to parallel conventions.
A number of delegations made specific comments on the contents of the articles.
Several other delegations considered that proceeding towards the elaboration of a convention on the basis of the draft articles was premature, preferring to allow more time to further consider their content. It was recalled that States had expressed diverging views on the articles, raising concerns that certain provisions did not reflect existing customary international law. However, delegations also acknowledged that the provisions reflecting State practice and customary international law provide clarity on the state of the law. It was also suggested that further deliberations concerning the articles on diplomatic protection could be continued following the conclusion of discussions regarding the articles on the responsibility of States for internationally wrongful acts, given the close connection between the two sets of articles. Several delegations called for the re-establishment of the working group of the Sixth Committee with a view to conducting such further deliberations. A view was expressed that in view of the close connection between the two topics, a separate treaty on diplomatic protection would not be desirable. Suggestions were made to either adopt the articles on diplomatic protection as a non-binding instrument in a resolution of the General Assembly, or as part of a binding agreement on the responsibility of States for internationally wrongful acts.
Archived videos and summaries of plenary meetings
32nd meeting (3 November 2022, 10:00am – 1:00pm) | Summary
36th meeting (18 November 2022, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 36th meeting, on 18 November 2022, the representative of Senegal, on behalf of the Bureau, introduced a draft resolution entitled “Diplomatic protection” (A/C.6/77/L.20). At the same meeting, the Committee adopted draft resolution A/C.6/77/L.20, without a vote.
Under the terms of the draft resolution, the General Assembly would invite Governments to submit in writing to the Secretary-General any further comments, including comments concerning the recommendation by the International Law Commission to elaborate a convention on the basis of the articles. In addition, the Assembly would decide to include the item in the provisional agenda of its eightieth session and, taking into account the written comments submitted to the Secretary-General, as well as the views expressed in the debates held at the sixty-second, sixty-fifth, sixty-eighth, seventy-first, seventy-fourth and seventy-seventh sessions of the General Assembly, to continue to examine the question of a convention on diplomatic protection, or any other appropriate action, on the basis of the articles on diplomatic protection, with a view to identifying any difference of opinion on the articles. Finally, the Assembly would encourage all Member States to continue the substantive dialogue on an informal basis during the period prior to its eightieth session.
Subsequent action taken by the General Assembly
The agenda item will be considered next at the eightieth session (2025).
