Sixth Committee (Legal) — 77th session
Report of the International Law Commission on the work of its seventy-third session (Agenda item 77)
- Authority: resolution 76/111
- Proposed Cluster Distribution for debate on the ILC report
- Attendance of ILC members
Documentation
- 2022 ILC Report
- A/C.6/77/L.16 — Draft resolution "Report of the International Law Commission on the work of its seventy-third session"
[see also statement of financial implications] - A/C.6/77/L.22 — Draft resolution "Protection of the environment in relation to armed conflicts"
Summary of work
Background (source: A/77/100)
At its second session, the General Assembly, under the agenda item entitled “Establishment of an International Law Commission”, resolved to establish the International Law Commission, with a view to giving effect to Article 13, paragraph 1 (a), of the Charter of the United Nations 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) (subsequently amended in resolutions 485 (V), 984 (X), 985 (X) and 36/39), provides that the Commission should submit reports to the Assembly.
At its fourth session, the Assembly adopted the resolution entitled “Approval of part I of the report of the International Law Commission covering its first session” (resolution 373 (IV)). The Assembly had the item entitled “Report of the International Law Commission on the work of its … session” on its agenda at its sixth, seventh and twelfth to eighteenth sessions and has had the item on its agenda annually since its twentieth session (resolutions 601 (VI), 683 (VII), 1185 (XII), 1290 (XIII), 1399 (XIV), 1504 (XV), 1686 (XVI), 1765 (XVII), 1902 (XVIII), 2045 (XX), 2167 (XXI), 2272 (XXII), 2400 (XXIII), 2501 (XXIV), 2634 (XXV), 2780 (XXVI), 2926 (XXVII), 3071 (XXVIII), 3315 (XXIX), 3495 (XXX), 31/97, 32/151, 33/139, 34/141, 35/163, 36/113, 36/114, 37/111, 37/112, 38/138, 39/85, 40/75, 41/81, 42/156, 43/169, 44/35, 44/36, 45/41, 46/54, 46/55, 47/33, 48/31, 49/51 to 49/53, 50/45, 51/160, 52/156, 53/102, 54/111, 54/112, 55/152, 56/82, 56/83, 57/21, 58/77, 59/41, 60/22, 61/34 to 61/36, 62/66, 63/123, 63/124, 64/114, 65/26, 66/98 to 66/100, 67/92, 68/111, 68/112, 69/118, 69/119, 70/236, 71/140, 71/141, 72/116, 73/202, 73/203, 73/265, 74/186, 75/135 and 76/111 and decision 74/545).
At its seventy-sixth session, the Assembly allocated the item entitled “Report of the International Law Commission on the work of its seventy-second session” to the Sixth Committee, where statements in the debate were made by 83 delegations (see A/C.6/76/SR.16–25 and 29). The Assembly decided that the next session of the International Law Commission would be held at the United Nations Office at Geneva from 18 April to 3 June and from 4 July to 5 August 2022. The Assembly recommended that the debate on the report of the Commission at the seventy-seventh session of the Assembly commence on 24 October 2022 (resolution 76/111).
Consideration at the seventy-seventh session
The Sixth Committee considered the item at its 21st to 31st meetings, and at its 36th meeting, from 25 to 28 October, on 1, 2 and 18 November 2022. The views of the representatives who spoke during the Committee’s consideration of the item are reflected in the relevant summary records (See A/C.6/77/SR.21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 36).
The Chair of the International Law Commission at the seventy-third session introduced the report of the Commission on the work of that session at the 21st meeting, on 25 October, and the Committee considered the report in three clusters, namely: cluster I (chapters I to V and X, namely Other decisions and conclusions of the Commission, Peremptory norms of general international law (jus cogens) and Protection of the environment in relation to armed conflicts) at its 21st to 25th meetings, from 25 to 27 October; cluster II (chapters VI and IX, namely Immunity of State officials from foreign criminal jurisdiction and Sea-level rise in relation to international law) at its 26th to 29th meetings, from 28 October to 1 November; and cluster III (chapters VII and VIII, namely Succession of States in respect of State responsibility and General principles of law) at its 29th to 31st meetings, on 1 and 2 November.
Statements were made by the representatives of Algeria (I | II | III), Antigua and Barbuda (on behalf of the Alliance of Small Island States (AOSIS)), Argentina (I | II), Armenia (I | II), Australia (I | II | III), Austria (I | II | III), the Bahamas (on behalf of CARICOM), Bangladesh, Belarus (I | II | III), Brazil (I | II | III), Bulgaria (I | II), Cameroon (I | II | III), Canada, Chile (I | II | III), China (I | II), Colombia (I | II | III), Côte d'Ivoire, Croatia (I and II | III), Cuba (I | II | III), Cyprus (I | II), Czech Republic (I | II | III), Ecuador, Egypt (I | II | III), El Salvador (I | II | III), Estonia (I | II | III), the European Union, France (I, II and III), Germany (I | II), Greece (I | II | III), Hungary (I | II), Iceland (on behalf Denmark, Finland, Iceland, Norway, Sweden (Nordic Countries)), India (I | II), Indonesia, Iran (Islamic Republic of) (I | II | III), Ireland (I | II | III), Israel (I | II | III), Italy (I | II | III), Jamaica, Japan (I | II | III), Jordan (I | II and III), Lebanon, Liechtenstein, Malaysia (I | II | III), the Maldives, Mexico (I | II | III), Micronesia (Federated States of) (I | II | III), Morocco, the Netherlands (I | II | III), New Zealand (I | II | III), Nicaragua, Nigeria (on behalf of the African Group), Nigeria, Norway (also on behalf of Denmark, Finland, Iceland and Sweden (Nordic Countries)) (I | III), Pakistan, Papua New Guinea, Peru (I | II), the Philippines (I | II | III), Poland (I | II | III), Portugal (I | II | III), Republic of Korea (I | II | III), Romania (I | II | III), the Russian Federation (I | II | III), Samoa (on behalf of the Pacific Small Island Developing States), Saudi Arabia, Senegal, Sierra Leone (I | II | III), Singapore (I | II | III), Slovakia (I | II | III), Slovenia (I | II | III), South Africa (I | II | III), Spain (I | II), Switzerland, Thailand (I | II | III), Türkiye (I | II | III), Uganda, the United Arab Emirates, United Kingdom of Great Britain and Northern Ireland (I | II | III), the United Republic of Tanzania, the United States of America (I | II | III) and Viet Nam (I | II | III).
Statements were also made by the observer of the Holy See (I | II), the State of Palestine (I | II | III), the International Committee of the Red Cross and the Council of Europe.
The Special Rapporteur on the topic “Peremptory norms of general international law (jus cogens)”, Mr. Dire Tladi; the Special Rapporteur on the topic “Protection of the environment in relation to armed conflicts”, Ms. Marja Lehto; the Special Rapporteur on the topic “Immunity of State officials from foreign criminal jurisdiction”, Ms. Concepción Escobar Hernández; the Co-Chairs of the Study Group on the topic “Sea-level rise in relation to international law”, Ms. Patricia Galvão Teles and Mr. Juan José Ruda Santolaria; and the Special Rapporteur on the topic “Succession of States in respect of State responsibility”, Mr. Pavel Šturma, made some remarks.
The Chair of the International Law Commission at the seventy-third session made some concluding remarks.
A summary of the discussions on this agenda item may be found in the Topical summary of the discussion held in the Sixth Committee of the General Assembly, during its seventy-seventh session, prepared by the Secretariat.
Archived videos and summaries of plenary meetings
21st meeting (25 October 2022, 10:00am – 1:00pm) | Summary
22nd meeting (25 October 2022, 3:00pm – 6:00pm) | Summary
23rd meeting (26 October 2022, 10:00am – 1:00pm) | Summary
24th meeting (26 October 2022, 3:00pm – 4:30pm) | Summary
25th meeting (27 October 2022, 3:00pm – 6:00pm) | Summary
26th meeting (28 October 2022, 10:00am – 1:00pm) | Summary
27th meeting (28 October 2022, 3:00pm – 6:00pm) | Summary
28th meeting (1 November 2022, 10:00am – 1:00pm) | Summary
29th meeting (1 November 2022, 3:00pm – 6:00pm) | Summary
30th meeting (2 November 2022, 10:00am – 1:00pm) | Summary
31st meeting (2 November 2022, 3:00pm – 6:00pm) | Summary
36th meeting (18 November 2022, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 36th meeting, on 18 November, the representative of Slovakia as the Bureau coordinator on the topic “Peremptory norms of general international law (jus cogens)”, spoke.
Also at the 36th meeting, on 18 November, the representative of Colombia, on behalf of the Bureau, introduced a draft resolution entitled “Report of the International Law Commission on the work of its seventy-third session” (A/C.6/77/L.16), and orally revised it. At the same meeting, the Committee adopted draft resolution A/C.6/77/L.16, as orally revised, without a vote.
Also at the 36th meeting, on 18 November, the representative of Mexico, on behalf of the Bureau, introduced a draft resolution entitled “Protection of the environment in relation to armed conflicts” (A/C.6/77/L.22). At the same meeting, the Committee adopted draft resolution A/C.6/77/L.22 without a vote.
Under the draft resolution entitled “Report of the International Law Commission on the work of its seventy-third session”, the General Assembly would, inter alia, express its appreciation to the Commission for the work accomplished at its seventy-third session, and recommend that it continue its work on the topics in its current programme, taking into account the comments and observations of Governments. Furthermore, the General Assembly would decide that the next session of the Commission be held at United Nations Office at Geneva from 24 April to 2 June and from 3 July to 4 August 2023.
Under the draft resolution entitled “Protection of the environment in relation to armed conflicts”, the Assembly would, inter alia, take note of the principles on protection of the environment in relation to armed conflicts, the text of which would be annexed to the resolution, would bring them to the attention of States, international organizations and all who may be called upon to deal with the subject, as well as encourage their widest possible dissemination.
Subsequent action taken by the General Assembly
This agenda item will be considered at the seventy-eighth session (2023).
