CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ ACTIVITIES OF THE SIXTH COMMITTEE OF THE UN GENERAL ASSEMBLY … spectrum were delegations in favor of the ILC taking up the topic (the topic has been on its long-term programme of work since 2018). These delegations included the Czech Republic, the Netherlands, Mexico, Liechtenstein, Latvia, Estonia or Lithuania. The Czech Republic, together with Slovakia and Austria, proposed a concrete step towards clarifying the rules of application of universal jurisdiction: they favored inviting the International Law Commission, in the resolution adopted under this agenda item, to take up and begin work on the subject of universal jurisdiction. This initiative which was supported by many other States (Switzerland, Mexico, Hungary, Portugal, Lithuania, Latvia, Estonia and others) met with strong opposition from Russia, many African States (led by Cameroon), China, India and others. Not even the inclusion of language by which the General Assembly would merely acknowledge that a legal study by the ILC might contribute to the promotion of informed discussions on the topic in the Sixth Committee was acceptable for these delegations. After unsuccessful bilateral consultations and due to lack of time for further negotiations, the Czech Republic, Slovakia and Austria had to withdraw their proposal. The resolution 30 adopted by the General Assembly is a technical roll-over of the resolution 31 adopted in the previous year. A more substantive discussion on universal jurisdiction is expected in the autumn of 2024, when the Sixth Committee will meet also in a working group format to discuss the scope and application of universal jurisdiction. General principles of law One of the topics addressed in the report of the International Law Commission was the topic of general principles of law. The Commission is still working on this topic; 11 draft conclusions have been adopted on the first reading and are currently subject to comments and observations by States (until the end of 2024). The debate in the Sixth Committee focused on several points of contention, such as the question of whether the principles can be formed within the international legal system (the draft conclusions include both general principles of law derived from national legal systems and general principles of law formed within the international legal system 32 ). According to the Czech Republic’s position, the general principles of law formed within the international legal system are logical nonsense. General principles of law are general not only in the sense of the highly abstract level of their content, but also in the sense that they are common to various legal systems , but there is only one system of international law, and therefore one cannot speak of general principles of law. Only a minority of States supported the conclusion that there was a category of general principles of law formed within the international legal system (e.g. Denmark, Norway, Sweden, Iceland, Finland, Mexico, Slovenia and Spain). 30 Resolution of the General Assembly A/RES/78/113, adopted on 7 December 2023. Available here: https:// documents.un.org/doc/undoc/gen/n23/398/51/pdf/n2339851.pdf?token=sjpm64ZGK1xKkVrM2W&fe=true. 31 Resolution of the General Assembly A/RES/77/111, adopted on 7 December 2022. Available here: https:// documents.un.org/doc/undoc/gen/n22/742/62/pdf/n2274262.pdf?token=AYczzcnHml9u7NhKW0&fe=true. 32 See draft conclusion 3: “General principles of law comprise those: (a) that are derived from national legal systems; (b) that may be formed within the international legal system.” (Report of the International Law Commission on the work of its seventy-fourth session (document A/78/10), para. 40. Available here: https://legal.un.org/ilc/ reports/2023/english/chp9.pdf ).

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