CYIL 2012

THE ACTIVITIES OF THE SIXTH COMMITTEE DURING THE 66 TH SESSION … consideration of these three selected items, I will try to shed some light on the work of the Sixth Committee and possibly stimulate some interest in its activities. 2. The Sixth Committee’s Dilemma: Choosing the Right Form for the ILC Draft Articles The members of the Sixth Committee present the views of States and follow the instructions of their respective Governments. While most of them have a significant expertise in international law, the Sixth Committee is not an independent expert body like the ILC. As the States are the primary subjects of international law and its most important creators, the Sixth Committee is, therefore, an ideal body to consider the texts of multilateral treaties covering various issues of interest in the international community. This competence is based on Article 13, paragraph 1(a) of the UN Charter which stipulates that: “The General Assembly shall initiate studies and make recommendations for the purpose of: a. promoting international co-operation in the political field and encouraging the progressive development of international law and its codification”. In an ideal scenario, the process of progressive development of international law and its codification ends by the adoption of an international convention. This process starts in the ILC. The Statute of the ILC 1 sets out different procedures for progressive development and codification of international law (most of the ILC drafts, however, contain both elements). The ILC prepares the draft articles, taking into consideration the comments of Governments. Subsequently, the ILC submits its report, containing the draft articles with commentaries and its recommendations on the final form to be given to its draft, to the GA. As envisaged by the ILC Statute, 2 the GA may decide to convoke a diplomatic conference to conclude, on the basis of the draft articles, an international convention. The GA may also decide to finalize the text and adopt such convention itself, without convening a diplomatic conference, or it may eventually opt for a final form other than a convention. Once adopted, the convention is opened for signature by States and, as the case may be, by the international organizations. It is subject to ratification, acceptance or approval and also remains open to accession. The respective instruments are deposited with the UN Secretary-General, who also informs the States and international organization about the entry of the convention into force. Not every set of draft articles prepared by the ILC, however, reaches the status of a legally binding treaty. In this process, the key question that the Sixth Committee has to answer is, what the final form of the ILC draft articles should be, i.e., whether they will remain as an annex of the GA resolution, or whether they will be converted into a treaty. Although this question may look quite simple at first sight, it is a difficult 1 Statute of the International Law Commission (hereinafter the “ILC”), adopted by the UN General Assembly (hereinafter the “GA”) in resolution 174 (II) of November 21, 1947, as amended by resolutions 485 (V) of December 12, 1950, 984 (X) of December 3, 1955, 985 (X) of December 3, 1955, and 36/39 of November 18, 1981. 2 Id. , Art. 23.

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