Report of the International Law Commission on the Work of Its 63rd and 64th Sessions

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 79 Report of the International Law Commission on the work of its 63rd and 64th sessions, published in 2013.

What subjects does this mandate have?

5 subjects

International Law Meeting Records Reservations and Declarations Special Rapporteurs Treaties

What’s in this document?

38 operative paragraphs

Takes note of the report of the International Law Commission on the work of its sixty-fourth session;Error: Reference source not found

Expresses its appreciation to the International Law Commission for the work accomplished at its sixty-fourth session, in particular for the completion of the first reading of the draft articles on the expulsion of aliens;

Recommends that the International Law Commission continue its work on the topics in its current programme, taking into account the comments and observations of Governments, whether submitted in writing or expressed orally in debates in the Sixth Committee;

Draws the attention of Governments to the importance for the International Law Commission of having their views on the various aspects of the topics on the agenda of the Commission, in particular on all the specific issues identified in chapter III of its report, regarding:

Immunity of State officials from foreign criminal jurisdiction;

Formation and evidence of customary international law;

Decides that the consideration of chapter IV of the report of the International Law Commission on the work of its sixty-third session,⁴ dealing with the topic “Reservations to treaties”, shall be continued at the sixty-eighth session of the General Assembly, during the consideration of the report of the Commission on the work of its sixty-fifth session;

⁴Official Records of the General Assembly, Sixty-sixth Session, Supplement No. 10 (A/66/10); and ibid., addendum (A/66/10/Add.1).

Draws the attention of Governments to the importance for the International Law Commission of having their comments and observations by 1 January 2014 on the draft articles and commentaries on the topic “Expulsion of aliens” adopted on first reading by the Commission at its sixty-fourth session;⁵

⁵Official Records of the General Assembly, Sixty-seventh Session, Supplement No. 10 (A/67/10), para. 43.

Notes with appreciation the decision of the International Law Commission to include the topics “Provisional application of treaties” and “Formation and evidence of customary international law” in its programme of work,⁶ and encourages the Commission to continue the examination of the topics that are in its long-term programme of work;⁷

⁶Ibid., paras. 267 and 268.

⁷Ibid., Sixty-sixth Session, Supplement No. 10 (A/66/10), paras. 365–369.

Invites the International Law Commission to continue to give priority to the topics “Immunity of State officials from foreign criminal jurisdiction” and “The obligation to extradite or prosecute (aut dedere aut judicare)”;

Takes note of the oral report by the Secretariat on assistance to special rapporteurs of the International Law Commission and of paragraph 280 of the report of the Commission,Error: Reference source not found and requests the Secretary-General to continue his efforts to identify concrete options for support for the work of special rapporteurs, additional to those provided under General Assembly resolution 56/272 of 27 March 2002;

Welcomes the efforts of the International Law Commission to improve its methods of work,⁸ and encourages the Commission to continue this practice;

⁸Ibid., paras. 370–388.

Takes note of the tentative work programme of the International Law Commission for the remainder of the quinquennium, as reflected in paragraph 273 of its report;Error: Reference source not found

Decides to revert to the consideration of the recommendation contained in paragraph 388 of the report of the International Law Commission on the work of its sixty-third session⁹ during the sixty-eighth session of the General Assembly;

⁹Official Records of the General Assembly, Sixty-sixth Session, Supplement No. 10 (A/66/10).

Invites the International Law Commission to continue taking measures to enhance its efficiency and productivity and to consider making proposals to Member States to that end;

Encourages the International Law Commission to continue taking cost-saving measures at its future sessions, without prejudice to the efficiency and effectiveness of its work;

Takes note of paragraph 290 of the report of the International Law Commission,Error: Reference source not found and decides that the next session of the Commission shall be held at the United Nations Office at Geneva from 6 May to 7 June and from 8 July to 9 August 2013;

Stresses the desirability of further enhancing the dialogue between the International Law Commission and the Sixth Committee at the sixty-eighth session of the General Assembly, and in this context encourages, inter alia, the continued practice of informal consultations in the form of discussions between the members of the Sixth Committee and the members of the Commission attending the sixty-eighth session of the Assembly;

Encourages delegations, during the debate on the report of the International Law Commission, to adhere as far as possible to the structured work programme agreed to by the Sixth Committee and to consider presenting concise and focused statements;

Encourages Member States to consider being represented at the level of legal adviser during the first week in which the report of the International Law Commission is discussed in the Sixth Committee (International Law Week) to enable high-level discussions on issues of international law;

Requests the International Law Commission to continue to pay special attention to indicating in its annual report, for each topic, any specific issues on which expressions of views by Governments, either in the Sixth Committee or in written form, would be of particular interest in providing effective guidance for the Commission in its further work;

Takes note of paragraphs 291 to 296 of the report of the International Law CommissionError: Reference source not found with regard to cooperation and interaction with other bodies, and encourages the Commission to continue the implementation of articles 16 (e), 25 and 26 of its statute in order to further strengthen cooperation between the Commission and other bodies concerned with international law, having in mind the usefulness of such cooperation;

Notes that consulting with national organizations and individual experts concerned with international law may assist Governments in considering whether to make comments and observations on drafts submitted by the International Law Commission and in formulating their comments and observations;

Reaffirms its previous decisions concerning the indispensable role of the Codification Division of the Office of Legal Affairs of the Secretariat in providing assistance to the International Law Commission, including in the preparation of memorandums and studies on topics on the agenda of the Commission;

Reaffirms its previous decisions concerning the documentation and summary records of the International Law Commission;¹⁰

¹⁰See resolutions 32/151, para. 10, and 37/111, para. 5, and all subsequent resolutions on the annual reports of the International Law Commission to the General Assembly.

Welcomes the institutionalization of the practice of the Secretariat to include the provisional summary records on the website relating to the work of the International Law Commission;

Stresses the need to expedite the preparation of the summary records of the International Law Commission;

Endorses the recommendation contained in paragraph 283 of the report of the International Law Commission;Error: Reference source not found

Takes note of paragraph 284 of the report of the International Law Commission,Error: Reference source not found stresses the unique value of the Yearbook of the International Law Commission, and requests the Secretary-General to ensure its timely publication in all official languages;

Also takes note of paragraph 287 of the report of the International Law Commission,Error: Reference source not found expresses its appreciation to Governments that have made voluntary contributions to the Trust Fund on the Backlog relating to the Yearbook of the International Law Commission, and encourages further contributions to the Trust Fund;

Welcomes the continuous efforts of the Codification Division to maintain and improve the website relating to the work of the International Law Commission;¹¹

¹¹www.un.org/law/ilc.

Expresses the hope that the International Law Seminar will continue to be held in connection with the sessions of the International Law Commission and that an increasing number of participants representing the principal legal systems of the world, including in particular those from developing countries, will be given the opportunity to attend the Seminar, as well as delegates to the Sixth Committee, and appeals to States to continue to make urgently needed voluntary contributions to the United Nations Trust Fund for the International Law Seminar;

Requests the Secretary-General to provide the International Law Seminar with adequate services, including interpretation, as required, and encourages him to continue considering ways to improve the structure and content of the Seminar;

Underlines the importance of the records and topical summary of the debate in the Sixth Committee for the deliberations of the International Law Commission and, in this regard, requests the Secretary-General to forward to the Commission, for its attention, the records of the debate on the report of the Commission at the sixty-seventh session of the General Assembly, together with such written statements as delegations may circulate in conjunction with their oral statements, and to prepare and distribute a topical summary of the debate, following established practice;

Requests the Secretariat to circulate to States, as soon as possible after the conclusion of the session of the International Law Commission, chapter II of its report containing a summary of the work of that session, chapter III containing the specific issues on which the views of Governments would be of particular interest to the Commission and the draft articles adopted on either first or second reading by the Commission;

Also requests the Secretariat to make the complete report of the International Law Commission available as soon as possible after the conclusion of the session of the Commission for the consideration of Member States with due anticipation and no later than the prescribed time limit for reports in the General Assembly;

Encourages the International Law Commission to continue considering ways in which specific issues on which the views of Governments would be of particular interest to the Commission could be framed so as to help Governments to have a better appreciation of the issues on which responses are required;

Recommends that the debate on the report of the International Law Commission at the sixty-eighth session of the General Assembly commence on 28 October 2013.

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

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