CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ THE WORK OF THE INTERNATIONAL LAW COMMISSION AT THE FINAL YEAR… Based on the discussion in the Study Group, the Co-chairs made some proposals of issues for further work on both subtopics. In the next quinquennium, the Study Group will revert to the subtopic of the law of the sea in 2023 and to the subtopics of statehood and the protection of persons in 2024. 85 3. Conclusions The 73 rd session of the ILC had a very busy programme. At first sight, the entire length of 12 weeks seems to be long but it was not. The first two weeks of the session was affected by the hybrid mode of work, which implied shorter (two-hour meetings). Fortunately, the Commission shortly reverted to its previous method of work. It completed two topics, namely Peremptory norms of general international law ( jus cogens ) and Protection of the environment in relation to armed conflicts, on a second reading. Moreover, the Commission adopted on a first reading draft articles on Immunity of State officials from foreign criminal jurisdiction. Those are, without a doubt, significant achievements. In addition, regarding the topics Succession of States in respect of State responsibility and General principles of law, the work of the Drafting Committee and the Commission made a great progress. Both topics are close to the adoption on a first reading. With respect to Sea-level rise in relation to international law, the Study Group prepared and discussed the second issue paper on the topic that outlined two large issues, namely that of statehood and the protection of persons. The Commission thus completed its quinquennium, which exceptionally extended to six years. Following the elections, the Commission will meet in 2023 in a new composition, as 18 out of 34 current members will not continue. This is probably the biggest change and the moment of discontinuity in the history of ILC. Anyway, the Commission will have to continue and live up to new challenges in codification and progressive development of international law.

385

85 Ibid., pp. 338–339.