Sixth Committee (Legal) — 69th session
Responsibility of international organizations (Agenda item 85)
- Authority: resolution 66/100
Summary of work
Background (source: A/69/100)
At its sixty-sixth session, in 2011, the General Assembly, under the item entitled “Report of the International Law Commission on the work of its sixty-third session”, considered chapter V of the report of the Commission, which contained the draft articles on responsibility of international organizations together with a recommendation that the Assembly take note of the draft articles and that it consider, at a later stage, the elaboration of a convention on the basis of the draft articles. The Assembly took note of the articles, the text of which was annexed to resolution 66/100, and commended them to the attention of Governments and international organizations without prejudice to the question of their future adoption or other appropriate action (resolution 66/100).
Consideration at the sixty-ninth session
The Sixth Committee considered the item at its 18th, 27th and 28th meetings, on 23 October and 5 and 7 November 2014, respectively (see A/C.6/69/SR.18, 27 and 28).
At the 18th meeting, statements were made by the representatives of Denmark (on behalf of the Nordic countries), the Russian Federation, Cuba, the Federated States of Micronesia, the United Kingdom of Great Britain and Northern Ireland, Singapore, Israel, Portugal, Greece and the United States of America.
In commenting on the articles on the responsibility of international organizations, adopted by the International Law Commission in 2011, several delegations expressed support for an approach that relied on the 2001 articles on the responsibility of States for internationally wrongful acts, while also admitting that the nature of international organizations required a number of modifications and alternative solutions. Other delegations reiterated their concern regarding the substantial reliance of the articles on the 2001 articles, in light of the inherent differences between States and international organizations. The need for a clear set of rules and principles to hold international organizations accountable for their internationally wrongful acts was underscored. Several delegations considered that, on balance, the articles reflected the progressive development of international law rather than its codification. As such, the view was expressed that the articles should not be considered as having the same authority as the 2001 articles.
Concerns were reiterated regarding the provisions on self-defence, countermeasures and necessity. Other delegations pointed to the importance of the articles and expressed support for several specific articles. It was noted that the articles were useful in providing guidance to courts when dealing with wrongful acts committed by international organizations, and that they provided a useful lens through which to assess practice within and in relation to international organizations. The view was expressed that the rules and principles in the articles were sound and deserved to be widely employed. It was also recommended that the Secretary-General produce a report surveying the use of the articles by Governments, international organizations and judicial bodies.
Different views were expressed as to the elaboration of a convention on the basis of the articles. Several delegations were of the view that the time was not ripe to consider the adoption of a convention based on the articles. The opinion was voiced that the law was not settled to the degree necessary to merit codification in a convention, and the preference was expressed for allowing the articles to crystalize through the practice of tribunals and States. Other delegations stated their willingness to continue discussing the issue with the goal of reaching a convention.
Action taken by the Sixth Committee
At the 27th meeting, on 5 November 2014, the representative of Brazil, on behalf of the Bureau, introduced a draft resolution entitled “Responsibility of international organizations” (A/C.6/69/L.10). At the 28th meeting, on 7 November 2014, the Committee adopted draft resolution A/C.6/69/L.10 without a vote.
By the terms of draft resolution A/C.6/69/L.10, the Assembly would take note once again of the articles on the responsibility of international organizations and commend them to the attention of Governments and international organizations without prejudice to the question of their future adoption or other appropriate action; request the Secretary-General to prepare an initial compilation of decisions of international courts, tribunals and other bodies referring to the articles and to invite Governments and international organizations to submit information on their practice in this regard, as well as written comments on any future action regarding the articles, and also request the Secretary-General to submit such material well in advance of its seventy-second session (2017); and decide to include in the provisional agenda of its seventy-second session (2017) an item entitled “Responsibility of international organizations”, with a view to examining, inter alia, the question of the form that might be given to the articles.
Subsequent action taken by the General Assembly
This agenda item will be considered at the seventy-second session (2017).
