CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ ACTIVITIES OF THE SIXTH COMMITTEE OF THE UN GENERAL ASSEMBLY … on the ILC report in 2022, also “[r]ecommend[ed] that the International Law Commission continue its work on the topic in its current programme of work /…/” 15 and “[u]nderline[d] the importance of the records and topical summary of the debate in the Sixth Committee for the deliberations of the International Law Commission. ” 16 The Czech Republic recalled that “[s]ince 2017, the Commission provisionally adopted on the first reading in total 17 draft guidelines with commentaries, covering the essential part of the topic. In various stages of their elaboration, these provisions were thoroughly commented by the Member States whose majority also supported last year’s [2022] proposal by the Commission to continue its work on this topic in the format of draft guidelines .” 17 According to the Czech Republic, the first reading of the draft guidelines should be finalized by the working group, instead of “identifying options open to the Commission ” 18 . A similar view was expressed by the representatives of Slovakia and Slovenia. A few other States supported the view that the working group should prepare a report and thus finalize the work of the ILC on the topic (i.e. replace the form of draft guidelines with a report). The approach of the ILC is not only a departure from usual practice, without any explanation, but also points to a deeper problem in its relationship with States. In spite of the fact that the Commission has consistently emphasized its special position among codification organs due to its intensive communication with States, and in spite of the fact that the Commission solicits States’ comments and views on various topics, this situation shows that the Commission simply disregards the views and preferences of the vast majority of States whenever they do not fit its intentions. It remains to be seen what the working group will recommend to the ILC’s plenary – the working group will reconvene in 2024 during the ILC’s 75 th session. Crimes against humanity 19 The debate under the agenda item “Crimes against humanity” followed the first resumed session 20 of the Sixth Committee in the spring of 2023. Many statements were made during the debate in the autumn of 2023 (more than 80 States intervened), the vast majority of which reaffirmed support for the elaboration of a convention on the basis of the Draft Articles on Prevention and Punishment of Crimes Against Humanity 21 (DACAH). No resolution was adopted under this agenda item. Instead, the Committee reconvened for the second resumed session in the spring of 2024. 15 Resolution of the General Assembly A/RES/78/103, adopted on 7 December 2022, para. 4. Available here: https:// documents.un.org/doc/undoc/gen/n22/741/58/pdf/n2274158.pdf?token=75zlYzfHbNZXfa6suu&fe=true. 16 Ibid ., para. 40. 17 Statement by the Czech Republic on the Report of the International Law Commission on the work of its seventy third and seventy-fourth sessions, 1 November 2023. Available here: https://www.un.org/en/ga/sixth/78/pdfs/ statements/ilc/31mtg_czechrep_3.pdf. 18 Report of the International Law Commission on the work of its seventy-fourth session (document A/78/10), para. 243. Available here: https://legal.un.org/ilc/reports/2023/english/chp9.pdf. 19 For information about consideration of this topic during previous sessions see ZUKAL, Marek and Jan Mais, op.

cit. , and ZUKAL, Marek and Anna MATOUŠKOVÁ, op. cit. 20 See ZUKAL, Marek and Anna MATOUŠKOVÁ, op. cit.

21 Draft articles on Prevention and Punishment of Crimes Against Humanity, adopted by the International Law Commission at its seventy-first session, in 2019. Available here: https://legal.un.org/ilc/texts/instruments/ english/draft_articles/7_7_2019.pdf.

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