The works done by the UN International Law Commission during the 72nd session(2021) and the discussion done at the 6th Committee of the UN General Assembly(76th session, 2021)

Abstract

Amid the Covid-19 pandemic, the 72nd session of the ILC was convened in Geneva in 2021 after a year-long suspension based on the UNGA Decision 74/566 (2020). During the 72nd session, the ILC concluded the second reading of two topics, namely “the Protection of the atmosphere” that consists of 12 draft guidelines together with commentaries and “Provisional application of treaties” comprising 12 draft guidelines and a draft annex, containing examples of provisions on provisional application of treaties, together with commentaries thereto. The ILC continued its deliberations on the other topics: the topic of “Immunity of State officials from foreign criminal jurisdiction”, the ILC adopted 6 draft articles on procedural aspects and safeguards. The ILC made also a progress on the topic of “Succession of States in relation to international law” and “General principles of law”. The ILC established a Study Group to deal with the topic of “Sea-level rise in relation to international law” that was included in the Commission’s programme in 2019. During the session, the Study Group focused on the subject of sea-level rise in relation to the law of the sea, based on the first issue paper. The Study Group next year will fous on issues related to statehood, as well as those related to the protection of persons affected by sea-level rise. The ILC decided to include the topic of “Subsidiary means for the determination of rules of international law” in its long-term programme of work. During the 72nd session, the ILC took two memorial meetings for two former ILC members: Judge Alexander Yankov and Judge James Crawford.