CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ THE WORK OF THE INTERNATIONAL LAW COMMISSION AT THE BEGINNING … the transfer of rights arising from the international responsibility of States for internationally wrongful acts in situations of succession of States. As to the form of the outcome, he explained his preference for draft articles with commentaries. In spite of its preliminary nature, the first report also included four draft articles on some introductory and general issues, namely draft articles 1 (Scope), 2 (Use of terms), 3 (Relevance of the agreements to succession of States in respect of responsibility) and 4 (Unilateral declaration by a successor State). 27 Following the long and rich debate in plenary, the Commission decided to refer draft articles 1 to 4, as contained in the report of the Special Rapporteur, to the Drafting Committee. The ILC subsequently took note of the interim report of the Chairperson of the Drafting Committee on draft articles 1 and 2 provisionally adopted by the Committee. As proposed by the Special Rapporteur, draft articles 3 and 4 remained within the Drafting Committee until the next session, so as members could benefit from the second report which would shed more light on general (residual) rules on the transfer or not of rights and obligations in various kinds of succession of States. 2.7 Protection of the environment in relation to armed conflicts Concerning the topic “Protection of the environment in relation to armed conflicts”, the Commission did not have any new report. Therefore it established a Working Group on the topic, chaired by Mr. Marcelo Vázquez-Bermúdez. The Working Group had before it the draft commentaries prepared by the former Special Rapporteur Ms. Marie Jacobsson, even though she was no longer with the Commission, on draft principles 4, 6 to 8, and 14 to 18 provisionally adopted by the Drafting Committee at the sixty-eighth session of the ILC (2016) and taken note of by the Commission at the same session. The Working Group focused its discussion on considering the way forward and recommended the nomination of a new Special Rapporteur for the topic. Subsequently, the Commission decided to appoint Ms. Marja Lehto as Special Rapporteur. Conclusion The session of the ILC in 2017 had again a very busy and productive programme, despite the fact that it was the first year of the new quinquennium. This time this was more due to the number and complexity of topics discussed than to the adopted final products. Nevertheless, thanks to the very substantive and long report of the Special Rapporteur (which in fact amounts to the length of two regular reports), as well as his skills and open- mindedness, the Commission was able to adopt, on first reading, draft articles on Crimes against humanity, together with commentaries. On balance, it appeared that debate in plenary and in the Drafting Committee was longer than expected, in particular with regard to some topics, like Immunities of State officials from foreign criminal jurisdiction and Peremptory norms of general international law ( jus cogens ). Next year, the Commission will have an even more demanding programme for several reasons. First, two topics will be resumed with a view to complete them on the second reading, namely Identification of customary international law and Subsequent agreements 3.

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27 See doc. A/CN.4/708, paras. 29, 81, 111 and 132.