Sixth Committee (Legal) — 78th session
Report of the International Law Commission on the work of its seventy-third and seventy-fourth sessions (Agenda item 79)
- Authority: resolution 77/103
- Proposed Cluster Distribution for debate on the ILC report
- Attendance of ILC members
Documentation
- 2023 ILC Report (final version)
- 2022 ILC Report (Chp. IV)
- A/C.6/78/L.12 — Draft resolution "Report of the International Law Commission on the work of its seventy-fourth session"
- A/C.6/78/L.21 — Draft resolution "Peremptory norms of general international law (jus cogens)"
Summary of work
Background (source: A/78/100)
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, 76/111 and 77/103, and decision 74/545).
At its seventy-seventh session, the Assembly allocated the item entitled “Report of the International Law Commission on the work of its seventy-third session” to the Sixth Committee, where statements in the debate were made by 83 delegations (see A/C.6/77/SR.21–31). The Assembly decided that the next session of the International Law Commission should be held at the United Nations Office at Geneva from 24 April to 2 June and from 3 July to 4 August 2023. The Assembly recommended that the debate on the report of the Commission at the seventy-eighth session of the Assembly commence on 23 October 2023. In addition, the Assembly decided that the consideration of chapter IV of the report of the International Law Commission on the work of its seventy-third session, dealing with the topic “Peremptory norms of general international law (jus cogens)”, should be continued at the seventy-eighth session of the Assembly, during the consideration of the report of the Commission on the work of its seventy-fourth session (resolution 77/103).
Consideration at the seventy-eighth session
The Sixth Committee considered the item at its 23rd to 33rd meetings, and at its 37th meeting, from 23 October to 2 November, and 17 November 2023. 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.6/78/SR.23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 37).
The current Chair of the seventy-fourth session of the International Law Commission, Ms. Patrícia Galvão Teles, and the Chair during the first part of the seventy-fourth session, Ms. Nilüfer Oral, introduced the report of the Commission on the work of that session at the 23rd meeting, on 23 October. The Committee considered the report in three clusters, namely: cluster I (chapters I to IV, VIII and X, namely Other decisions and conclusions of the Commission, General principles of law and Sea-level rise in relation to international law) at its 23rd to 28th meetings, from 23 to 27 October; cluster II (chapters V and VI, namely Settlement of disputes to which international organizations are parties and Prevention and repression of piracy and armed robbery at sea) at its 28th to 30th meetings, from 27 to 31 October; and cluster III (chapters VII and IX, namely Subsidiary means for the determination of rules of international law and Succession of States in respect of State responsibility) at its 30th to 33rd meetings, from 31 October to 2 November.
Statements were made by the representatives of Algeria (I), Argentina (I | II), Armenia (I), Australia (I | II), Austria (I | II | III), Bangladesh (I), Belarus (I | II | III), Brazil (I | II | III), Bulgaria (I), Cameroon (I | II | III), Canada (I [in English] | II [in English]), Chile (I | II | III), China (I), Colombia (I | III), Côte d'Ivoire (I | II), Croatia (I), Cuba (I [in English] | II | III), Cyprus (I), the Czech Republic (I | II | III), Denmark (on behalf of the Nordic Countries: Denmark, Finland, Iceland, Norway and Sweden) (I | II | III), Djibouti (II), Ecuador (I | III), Eritrea, El Salvador (I | II | III), Estonia (I | II), the European Union (also on behalf of its member States) (I), the European Union (in accordance with resolution 65/276) (II | III), the Federated States of Micronesia (I), Fiji (on behalf of the Pacific Islands Forum) (I), France (I | II), Germany (I | II | III), Greece (I | II | III), Guatemala (I | II | III), Hungary (I), India (I | II | III), Indonesia (I | II), Iran (Islamic Republic of) (I | II | III), Ireland (I | II | III), Israel (I | III), Italy (I | II), Jamaica (I | III), Japan (I | II | III), Kenya (I) the Kingdom of the Netherlands (I | II | III), Latvia (I), Lebanon (I), Liechtenstein (I), Malaysia (I | II | III), Malta (I), Mexico (I | II | III), New Zealand (I), Papua New Guinea (I), Peru (I | III), the Philippines (I | II | III), Poland (I | II | III), Portugal (I | II | III), the Republic of Korea (I | II | III), Romania (I | II | III), the Russian Federation (I | II | III), Samoa (on behalf of Alliance of Small Island States (AOSIS)) (I), Sierra Leone (on behalf of the African Group) (I), Sierra Leone (I | III), Senegal (II), Singapore (I | II | III), Slovakia (I | II | III), Slovenia (I | II | III), South Africa (I | II), Spain (I), Switzerland (I), Thailand (I | II | III), Tonga (I), Türkiye (I | II | III), Uganda (I | III), Ukraine (I), the United Kingdom of Great Britain and Northern Ireland (I | II | III), the United States of America (I | II | III), and Viet Nam (I | II).
Statements were also made by the observers for the Holy See (I | II | III), the State of Palestine (I), and the Council of Europe (I).
The Special Rapporteur on the topic “General principles of law”, Mr. Marcelo Vázquez-Bermúdez; the co-chair of the Study Group on the topic “Sea-level rise in relation to international law”, Mr. Bogdan Aurescu; and the Special Rapporteur on the topic “Subsidiary means for the determination of rules of international law”, Mr. Charles Chernor Jalloh, made some remarks.
The current Chair of the seventy-fourth session of the International Law Commission, Ms. Patrícia Galvão Teles, and the Chair during the first part of the seventy-fourth session, Ms. Nilüfer Oral, 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-eighth session, prepared by the Secretariat.
Archived videos and summaries of plenary meetings
23rd meeting (23 October 2023, 10:00am – 1:00pm) | Summary
24th meeting (24 October 2023, 10:00am – 1:00pm) | Summary
25th meeting (25 October 2023, 10:00am – 1:00pm) | Summary
26th meeting (25 October 2023, 3:00am – 4:30pm) | Summary
27th meeting (27 October 2023, 10:00am – 1:00pm) | Summary
28th meeting (27 October 2023, 3:00am – 6:00pm) | Summary
29th meeting (31 October 2023, 10:00am – 1:00pm) | Summary
30th meeting (31 October 2023, 3:00am – 6:00pm) | Summary
31st meeting (1 November 2023, 10:00am – 1:00pm) | Summary
32nd meeting (1 November 2023, 3:00am – 6:00pm) | Summary
33rd meeting (2 November 2023, 10:00am – 1:00pm) | Summary
37th meeting (17 November 2023, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 37th meeting, on 17 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-fourth session” (A/C.6/78/L.12), and orally revised it. At the same meeting, the Committee adopted draft resolution A/C.6/78/L.12, as orally revised, without a vote.
Also at the 37th meeting, on 17 November, the representative of Slovakia, on behalf of the Bureau, introduced a draft resolution entitled “Peremptory norms of general international law (jus cogens)” (A/C.6/78/L.21). At the same meeting, the Committee adopted draft resolution A/C.6/78/L.21 without a vote. The representatives of Lebanon (on behalf of Austria, Belgium, Brazil, Chile, Colombia, Costa Rica, El Salvador, Italy, Jordan, Lebanon, Mexico, Peru, Portugal, South Africa, the State of Palestine, Switzerland and Tunisia), China, Argentina, Singapore, Morocco, India, the United Kingdom of Great Britain and Northern Ireland, Mexico, Saudi Arabia and Cameroon spoke in explanation of position after the adoption of the draft resolution.
Under the draft resolution entitled “Report of the International Law Commission on the work of its seventy-fourth session”, the General Assembly would, inter alia, express its appreciation to the International Law Commission for the work accomplished at its seventy-fourth session, recommend that the Commission continue its work on the topics in its current programme, and decide that the seventy-fifth session of the Commission would be held at the United Nations Office at Geneva from 15 April to 31 May 2024, and from 1 July to 2 August 2024. Moreover, the Assembly would endorse the request of the Commission that the Secretariat proceed with the necessary administrative and organizational arrangements to facilitate the holding of the first part of the seventy-seventh session of the Commission in New York.
Under the draft resolution entitled “Peremptory norms of general international law (jus cogens)”, the Assembly would, inter alia, take note of the draft conclusions on identification and legal consequences of peremptory norms of general international law (jus cogens), as well as the annex and commentaries thereto, and of the range of comments and observations on the draft conclusions, as well as the annex and commentaries thereto, whether submitted in writing by Governments or expressed in debates of the Sixth Committee, including those made at the seventy-seventh session of the General Assembly.
Subsequent action taken by the General Assembly
This agenda item will be considered at the seventy-ninth session of the General Assembly (2024).
