Sixth Committee (Legal) — 80th session

Diplomatic protection (Agenda item 82)

«

Documentation

Summary of work

Background (source: A/80/100)

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).

At its seventy-seventh session, the Assembly decided to include in the provisional agenda of its eightieth session the item entitled “Diplomatic protection” 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 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 (resolution 77/105).

Consideration at the eightieth session

The Sixth Committee considered the item at its 24th and 38th meetings, on 23 October and 21 November 2025 (see A/C.6/80/SR.24 and 38). For its consideration of the item, the Committee had before it the report of the Secretary-General (A/80/280).

Statements were made by the representatives of Brazil (also on behalf of Colombia, Mexico and Slovenia), Norway (on behalf of the Nordic Countries: Denmark, Finland, Iceland, Norway, Sweden), Canada (on behalf of Canada, Australia and New Zealand (CANZ)), the United States of America, the Kingdom of the Netherlands, Sierra Leone, Equatorial Guinea, Brazil, Mexico, the Philippines, Portugal, Algeria, Singapore, Türkiye, the Russian Federation, Malaysia, the Islamic Republic of Iran, Guinea and the Dominican Republic.

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 and that a convention could strengthen legal certainty. Several delegations also stressed that diplomatic protection was 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. Some delegations also considered that the draft articles largely reflected customary international law concerning the protection of persons in this area and acknowledged that the provisions reflecting State practice and customary international law provide clarity on the state of the law. It was suggested that the frequency of consideration of the topic should be increased to have annual debates. Some delegations called for the re-establishment of the working group of the Sixth Committee with a view to conducting such further deliberations.

Several 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 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. Delegations emphasized that proceeding towards the elaboration of a convention would require consensus . Some delegations considered that reopening the discussion on topics that reflect customary international law rules could undermine the contributions already achieved by the articles, that have already proved useful. Some delegations raised concerns that certain provisions did not reflect existing customary international law. 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.

Archived videos and summaries of plenary meetings

Video   24th meeting (23 October 2025, 10:00am – 1:00pm) | Summary

Video   38th meeting (21 November 2025, 10:30am – 1:00pm) | Summary

Action taken by the Sixth Committee

At the 38th meeting, on 21 November 2025, the representative of Senegal, on behalf of the Bureau, introduced a draft resolution entitled “Diplomatic protection” (A/C.6/80/L.19). At the same meeting, the Committee adopted draft resolution A/C.6/80/L.19, 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 eighty-third 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, seventy-seventh and eightieth 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, taking into account the relationship with other topics, during the period prior to its eighty-third session.

Subsequent action taken by the General Assembly

This agenda item will be considered at the eighty-third session (2028).

Full texts of submissions (A/80/280)

State Original submission Translation
Colombia Spanish  
Qatar Arabic English
Saudi Arabia Arabic English
United Arab Emirates English  

Quick Links

Key Documents

Resources