Sixth Committee (Legal) — 79th session
Report of the International Law Commission on the work of its seventy-fifth session (Agenda item 79)
- Authority: resolution 78/108
- Proposed Cluster Distribution for debate on the ILC report
- List of speakers
- Attendance of ILC members
Documentation
- 2024 ILC Report (final version)
- A/C.6/79/L.7 — Draft resolution
Summary of work
Background (source: A/79/100)
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, 77/103, 78/108 and 78/109, and decision 74/545).
At its seventy-eighth session, the Assembly allocated the item entitled “Report of the International Law Commission on the work of its seventy-third and seventy-fourth sessions” to the Sixth Committee, where statements in the debate were made by 79 delegations (see A/C.6/78/SR.23–33). The Assembly decided that the next session of the International Law Commission should be held at the United Nations Office at Geneva from 15 April to 31 May 2024, which would coincide with the commemoration of the seventy-fifth anniversary of the Commission, and from 1 July to 2 August 2024. The Assembly recommended that the debate on the report of the Commission at the seventy-ninth session of the Assembly commence on 21 October 2024.
Moreover, the Assembly endorsed 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 (resolution 78/108).
The commencement of the seventy-fifth session was postponed until 29 April in the light of the liquidity crisis facing the Organization.
Consideration at the seventy-ninth session
The Sixth Committee considered the item at its 20th to 30th meetings, and at its 38th meeting, from 21 to 30 October, and 22 November 2024. 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.6/79/SR.20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 38).
The Chair of International Law Commission at the seventy-fifth session, Mr. Marcelo Vázquez-Bermúdez, introduced the report of the Commission on the work of that session at the 20th meeting, on 21 October. The Committee considered the report in three clusters, namely: cluster I (chapters I to III, VII, X and XI, namely Other decisions and conclusions of the Commission, Immunity of State officials from foreign criminal jurisdiction and Sea-level rise in relation to international law) at its 20th to 25th meetings, from 21 to 25 October; cluster II (chapters IV and V, namely Settlement of disputes to which international organizations are parties and Subsidiary means for the determination of rules of international law) at its 25th to 29th meetings, from 25 to 30 October; and cluster III (chapters VI, VIII and IX, namely Prevention and repression of piracy and armed robbery at sea, Non-legally binding international agreements and Succession of States in respect of State responsibility) at its 28th to 30th meetings, on 29 and 30 October.
Statements were made by the representatives of Algeria (I | II | III), Argentina (I | II | III), Armenia (I | II | III), Australia (I | II | III), Austria (I | II | III), Belarus (I | II | III), Brazil (I | II | III), Bulgaria (I | II | III), Cameroon, Canada (I | II [in English]),Chile (I | II | III), China (I | II), Colombia (I | II | III), Croatia, Cuba (I | II | III), Cyprus (I | III), Czechia (I | II | III), Denmark (on behalf of the Nordic Countries (Denmark, Finland, Iceland, Norway and Sweden)), Egypt (I | II), El Salvador (I | II | III), Equatorial Guinea, Eritrea (I | III), Estonia (I | II | III), the European Union (also on behalf of its member States), the European Union (in accordance with resolution 65/276) (II | III), the Federated States of Micronesia (I | II | III), Finland (on behalf of the Nordic Countries (Denmark, Finland, Iceland, Norway and Sweden)), France (I | II | III), Germany (I | II), Greece (I | II | III), Guatemala (I | II | III), Guinea, Hungary (I | II), Iceland (on behalf of the Nordic Countries (Denmark, Finland, Iceland, Norway and Sweden)), India (I | II | III), Indonesia (I | III), the Islamic Republic of Iran (I | II | III), Ireland (I | II | III), Israel (I | II | III), Italy (I | II | III), Jamaica, Japan (I | II | III), Latvia (on behalf of three Baltic States (Estonia, Latvia and Lithuania)) (I | III), Lebanon, Liechtenstein, Malaysia (I | II | III), Maldives (I), Malta, Mexico (I | II | III), Morocco (I), the Kingdom of the Netherlands (I | II | III), New Zealand (I), Nigeria (I), Papua New Guinea, Peru, 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 the Alliance of Small Island States), Serbia, Sierra Leone (I | II | III), Singapore (I | II | III), Slovakia (I | II | III), Slovenia (I | II | III), South Africa (I | II | III), Spain, Sri Lanka (I | II | III), the observer of the Observer State of Palestine (I | II) and the representatives of Switzerland (I | III), Thailand (I | II | III), Tonga (on behalf of the Pacific Island Forum), Türkiye (I | II | III), Tuvalu (I), Uganda (on behalf of the African Group) (I), the United Arab Emirates (I), the United Kingdom of Great Britain and Northern Ireland (I | II | III), the United Republic of Tanzania (I), the United States of America (I | II | III) and Viet Nam (I | II | III).
A statement was also made by the observer of the Asian-African Legal Consultative Organization.
The Special Rapporteur on the topic “Immunity of State officials from foreign criminal jurisdiction”, Mr. Claudio Grossman Guiloff; the Co-Chair of the Study Group on the topic “Sea-level rise in relation to international law”, Mr. Juan José Ruda Santolaria; and the Co-Chair of the Study Group on the topic “Sea-level rise in relation to international law”, Ms. Patrícia Galvão Teles, spoke; the Special Rapporteur on the topic “Subsidiary means for the determination of rules of international law”, Mr. Charles Chernor Jalloh; the Special Rapporteur on the topic “Settlement of disputes to which international organizations are parties”, Mr. August Reinisch; and the Special Rapporteur on the topic “Non-legally binding international agreements”, Mr. Mathias Forteau, spoke.
The President of the International Court of Justice made a statement.
The Chair of the International Law Commission at its seventy-fifth session, Mr. Marcelo Vázquez-Bermúdez, 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-ninth session, prepared by the Secretariat.
Archived videos and summaries of plenary meetings
20th meeting (21 October 2024, 10:00am – 1:00pm) | Summary
21st meeting (22 October 2024, 10:00am – 1:00pm) | Summary
22nd meeting (23 October 2024, 10:00am – 1:00pm) | Summary
23rd meeting (23 October 2024, 3:00pm – 4:30pm) | Summary
24th meeting (24 October 2024, 3:00pm – 6:00pm) | Summary
25th meeting (25 October 2024, 10:00am – 1:00pm) | Summary
26th meeting (25 October 2024, 3:00pm – 6:00pm) | Summary
27th meeting (29 October 2024, 10:00am – 1:00pm) | Summary
28th meeting (29 October 2024, 3:00pm – 6:00pm) | Summary
29th meeting (30 October 2024, 10:00am – 1:00pm) | Summary
30th meeting (30 October 2024, 3:00pm – 6:00pm) | Summary
38th meeting (22 November 2024, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 38th meeting, on 22 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.6/79/L.7). At the same meeting, the Committee adopted draft resolution A/C.6/79/L.7 without a vote. The representative of El Salvador 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-fifth session”, the General Assembly would, inter alia, express its appreciation to the International Law Commission for the work accomplished at its seventy-fifth session, recommend that the Commission continue its work on the topics in its current programme, and decide that the seventy-sixth session of the Commission would be held at the United Nations Office at Geneva from 14 April to 30 May 2025, and from 30 June to 31 July 2025. Moreover, the Assembly would stress the importance of having a 12-week session for the seventy-sixth session of the Commission.
Subsequent action taken by the General Assembly
This agenda item will be considered at the eightieth session of the General Assembly (2025).
