CYIL vol. 14 (2023)

CYIL 14 (2023) ACTIVITIES OF THE SIXTH COMMITTEE OF THE UN GENERAL ASSEMBLY … The most controversial issue during the negotiations was whether to annex to the resolution the non-exhaustive list of peremptory norms elaborated by the ILC. One side insisted on annexing it, the other on the contrary. This put the facilitator in a very difficult position, as no compromise could be found (the resolution either contains the annex or not, tertium non datur ). After lengthy negotiations, the facilitator presented a draft resolution with significantly more neutral language than the standard resolutions on new ILC products. The silence procedure on this draft was broken by six delegations: Russia, China, Morocco, Cameroon, Sierra Leone and South Africa. Shortly afterwards, the delegation of South Africa announced that it would introduce its own draft resolution welcoming the Draft Conclusions (Dire Tladi of South Africa was the Special Rapporteur of the ILC on the Draft Conclusions). Following the intervention of the Chair of the Sixth Committee, the South African delegation abandoned this idea, as it would inevitably lead to a vote. As a result, no resolution on the Draft Conclusions was adopted during the 77 th session of the General Assembly. Instead, the omnibus resolution on the ILC report 25 was amended so that the Draft Conclusions could be considered again during the 78 th session of the General Assembly. This approach is based on a precedent from the 66 th session of the General Assembly (A/RES/66/98). Thus, in 2023, the Sixth Committee will consider the report of the ILC from both its 73 rd and 74 th sessions. This shows that also topics that were previously of a technical nature are beginning to be politicized in the Sixth Committee. Some Member States have criticized this fact, while others have pointed out that it is not the role of the Committee to rubber stamp the ILC products if Member States feel that their concerns have not been sufficiently addressed. Immunity of State officials from foreign criminal jurisdiction In 2022, the ILC also adopted in first reading the Draft Articles on Immunity of State Officials from Foreign Criminal Jurisdiction 26 and decided to transmit them to Governments for comments and observations. During the International Law Week, when the ILC report was discussed, some delegations expressed their preliminary views on the Draft Articles. The most controversial issue appeared to be the list of exceptions to immunity contained in draft article 7. While some States welcomed the list of exceptions, stating that the immunity was not absolute, other States disagreed with this approach, recalling that even some ILC members voted against the adoption of this draft article in 2017. The deadline for comments from Governments the end of 2023, at which point the ILC will revisit the issue. A more in-depth discussion in the Sixth Committee can be expected after the adoption of the Draft Articles by the ILC in second reading. General principles of law The Sixth Committee also expressed some views on the outcome of the ongoing work of the ILC on general principles of law. The ILC is currently preparing its draft conclusions on 25 Resolution of the General Assembly A/RES/77/103, adopted on 19 December 2022. Available here: https:// documents-dds-ny.un.org/doc/UNDOC/GEN/N22/741/58/PDF/N2274158.pdf?OpenElement. 26 International Law Commission. Report of the International Law Commission. Seventy-third session . 2022 (document A/77/10). Available here: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G22/448/48/ PDF/G2244848.pdf?OpenElement.

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