CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ THE WORK OF THE INTERNATIONAL LAW COMMISSION AT THE FINAL YEAR… Next, conclusion 19, which is based on Article 41 of the ARSIWA, concerns particular consequences of serious breaches of peremptory norms of general international law. The first particular consequence is that States shall cooperate to bring to an end, through lawful means, any serious breach of an obligation arising under a peremptory norm. The second one is that “no State shall recognize as lawful a situation created by a serious breach by a State of an obligation arising under a peremptory norm …, nor render aid or assistance in maintaining that situation”. 21 In the end, Part Four includes some general provisions. First, conclusion 20 contains an interpretative rule applicable in case of potential conflicts between a peremptory norm of general international law and another rule of international law. In this case, “the latter is, as far as possible, to be interpreted and applied so as to be consistent with the former”. 22 Conclusion 21 (Recommended procedure) concerns the procedure for the invocation of the invalidity of rules of international law, including treaties, on the grounds of a conflict with peremptory norms of general international law. The recommended procedure is inspired by but also without prejudice to the procedures set forth in the Vienna Convention on the Law of Treaties. 23 Conclusion 22 provides that the present draft conclusions are without prejudice to consequences that specific peremptory norms may otherwise entail under international law. One such area concerns the consequences of crimes of genocide, war crimes, and crimes against humanity, in particular, the consequences for immunity and the jurisdiction of national courts. 24 Finally, although the identification of specific peremptory norms falls beyond the scope of the present draft conclusions, the Commission has decided to include conclusion 23 and, in the annex, a non-exhaustive list of norms that the ILC has previously referred to as having peremptory character. 25 2.2 Protection of the environment in relation to armed conflicts Regarding this topic, the Commission had before it the third report of the Special Rapporteur Ms. Marja Lehto, 26 as well as comments and observations received from Governments, international organizations, and others. 27 The Commission then adopted, on its second reading, the entire set of draft principles on the protection of the environment in relation to armed conflicts together with commentaries. The text adopted and included in chapter V of the Report of the ILC comprises a preamble and 27 draft principles. The draft principles are divided into five parts. Part One (Introduction) concerns the scope of application and purpose of the draft principles. They apply to the protection of the environment before, during, or after an armed conflict, including in situations of occupation. The principles are aimed at enhancing the protection of the environment in relation to armed conflicts. They include measures to prevent, mitigate, and remediate harm to the environment. 28

21 Ibid., p. 70. 22 Ibid., p. 79. 23 Ibid., p. 81. 24 Ibid., pp. 84–85. 25 See conclusion 23 and the annex, ibid., pp. 85, 89.

26 UN doc. A/CN.4/750. 27 UN doc. A/CN.4/749. 28 Report of the International Law Commission, 2022, ibid., p. 100.

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