CYIL 2014

PAVEL ŠTURMA CYIL 5 ȍ2014Ȏ During the first part of the session the Commission also reconstituted one Open ended Working Group on the obligation to extradite or prosecute ( aut dedere aut judicare ) under the chairmanship of Mr. K. Kittichaisaree and one Study Group on the Most-Favoured-Nation clause (Chairman: Mr. D.M. McRae, during his absence chaired by Mr. M. Forteau). At its meeting on 7 May 2014 the Planning Group decided to reconstitute the Working Group on the Long-term Programme of Work. The Working Group recommended inclusion of the topic “ Jus cogens ” in the long term programme of work of the ILC on the basis of a proposal prepared by Mr. Dire D. Tladi. The Working Group also discussed, on the basis of three working papers, its methods of work and two new proposals of possible subjects for the Long-term programme. The Commission also decided to include the topic “Crimes against humanity” in its programme and to appoint Mr. Sean D. Murphy (USA) as Special Rapporteur. On the other hand, the Commission adopted the final report on the topic “The obligation to extradite or prosecute ( aut dedere aut judicare )” and decided to conclude its work on the topic. 2. Topics on the Agenda of the ILC In 2014 the Commission had more topics on its agenda than during the two previous years. The ILC was able to discuss the following topics: “Expulsion of aliens”, “Protection of persons in the event of disasters”, “Immunity of State officials from foreign criminal jurisdiction”, “Subsequent agreements and subsequent practice in relation to the interpretation of treaties”, “Provisional application of treaties”, “Identification of customary international law”, “Protection of the atmosphere” and “Protection of the environment in relation to armed conflict”. In addition, two other topics were considered by the Working Group and the Study Group, namely “The obligation to extradite or prosecute ( aut dedere aut judicare )” and “The Most Favoured-Nation clause”. Three of the above topics merit special attention because the ILC adopted the outcome in the form of draft articles (on second reading or at least on first reading) or in a form of the final report. This contribution will therefore focus on these topics first. Thereafter it will also provide brief information on other on-going work of the Commission. 2.1 Expulsion of aliens With regard to this topic, the Commission had before it the ninth report of the Special Rapporteur Maurice Kamto, containing his proposals for reformulating the draft articles adopted on first reading (2012) in the light of the comments and observations of Government. 2 The ILC then adopted, on second reading, a set of

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2 See doc. A/CN.4/670 (2014).