CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ CRIMES AGAINST HUMANITY, PEREMPTORY NORMS … armed conflict, comprising a recommendation to address matters relating to the restoration and protection of the environment in peace processes, including peace agreements, obligation to share and grant access to information, post-armed conflict environmental assessment and remedial measures, relief and assistance, as well as two principles on remnants of war and remnants of war at sea. 2.4 Succession of States in respect of State responsibility Regarding this topic, the Commission had before it the third report of the Special Rapporteur, 38 as well as the memorandum by the Secretariat providing information on treaties which may be of relevance to the future work on the topic. 39 The report focused on questions of reparation for injury resulting from internationally wrongful acts committed against the predecessor State as well as its nationals, and some technical proposals in relation to the scheme of the draft articles. Following the rich debate in plenary, the Commission decided to refer to the Drafting Committee draft article 2, para. f (one item to the use of terms), draft articles 12 (Cases of succession of States when the predecessor State continues to exist), 13 (Uniting of States), 14 (Dissolution of States), and 15 (Diplomatic protection). It also referred two technical draft articles X and Y, addressing respectively the scope of the Part II and Part III of the draft articles. 40 This year, the work on the topic reverted to the traditional method of work suggested by the Special Rapporteur. Upon its consideration of the report of the Drafting Committee, the Commission provisionally adopted draft articles 1, 2, and 5, with commentaries thereto. 41 The Commission also took note of the interim report of the Chair of the Drafting Committee on draft articles 7, 8 and 9 provisionally adopted by the Committee in July 2019. 42 There are still a number of draft articles referred this year or during the past year to the Drafting Committee that it was not able to discuss and adopt for the lack of time. They need to be addressed next year. Members generally agreed with the future programme of work proposed by the Special Rapporteur, while some cautioned that the Commission should not be hasty in its consideration of the topic. In response to questions, the Special Rapporteur clarified that he would discuss specific forms of responsibility in his fourth report. He could also address procedural and miscellaneous issues, including those arising in situations of several successor States. He reiterated his intention to complete the work on first reading by 2021. 43 2.5 Immunity of State officials from foreign criminal jurisdiction In relation to this topic, the Commission commenced its consideration of the sixth 44 and the seventh reports 45 of the Special Rapporteur Ms. Concepción Escobar Hernández, which were focused on procedural aspects of immunity from foreign criminal jurisdiction.

38 See doc. A/CN.4/731 (2019). 39 See doc. A/CN.4/730 (2019). 40 Ibid., pp. 41-42. 41 See doc. A/CN.4/L.931/Add.1. 42 See doc. A/CN.4/L.939/Add.1. 43 See doc. A/CN.4/931, p. 11, § 45. 44 See doc. A/CN.4/722 (2018). 45 See doc. A/CN.4/729 (2019).

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