CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ THE WORK OF THE INTERNATIONAL LAW COMMISSION AT THE BEGINNING … THE WORK OF THE INTERNATIONAL LAW COMMISSION AT THE BEGINNING OF THE NEW TERM: CRIMES AGAINST HUMANITY AND OTHER TOPICS Pavel Šturma Abstract: This contribution addresses results of the work of the International Law Commission at its 2017 session. It stresses the dynamics of the work of the ILC after elections in 2016. The main achievement has been the adoption of draft articles on Crimes against humanity. The survey also points at strengths and weaknesses of work in progress on other topics and at new topics included in the programme of the ILC. Resumé: Tento příspěvek se zabývá výsledky práce Komise pro mezinárodní právo na je- jím zasedání v r. 2017. Zdůrazňuje dynamiku práce KMP po volbách v r. 2016. Hlavním výsledkem bylo přijetí návrhu článků o zločinech proti lidskosti. Přehled také poukazuje na silné a slabé body v pokračující práci na dalších tématech a na nová témata zařazená na program Komise. Key words: codification, International Law Commission, crimes against humanity, jus cogens , provisional application of treaties, succession of States. On the Author: Prof. JUDr. Pavel Šturma, DrSc. , is Head of the Department of International Law, Faculty of Law, Charles University in Prague, senior research fellow at the Institute of Law of the Czech Academy of Sciences, President of the Czech Society of International Law and member of the UN International Law Commission. He is a co-author of the textbook Public International Law and author of many publications on codification of international law, international criminal law, human rights and international investment law. The International Law Commission is the United Nations body which has for its object the promotion of the progressive development of international law and its codification. The ILC consists of 34 members who shall be persons of recognized competence in international law, elected by the General Assembly for a term of five years. In 2017, the Commission has entered into its new term, after elections in November 2016 that led to a partial renewal of its membership. This means that the Commission has 13 new members 1 out of 34, including an increase in female and young or middle-age members. Such changes are welcome. It remains to be seen how they influence the dynamics of the work of the ILC. This contribution aims at presenting the results of its work completed this year, as well as its on-going work and some new topics. As usual, the session of the Commission took place in Geneva and was split into two parts. The first part of the session (from 1 May till 2 June) was followed by a month break. Then the Commission resumed its session on 3 July, the second part lasting until 4 August 2017. 1. Introduction and organization of the sixty-ninth session of the ILC

1 The largest numbers of new members were elected in WEOG (4), GRULAC (3), African Group (3), Asian Group (2) and EEG (1).

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