CYIL vol. 10 (2019)

PAVEL ŠTURMA CYIL 10 ȍ2019Ȏ The sixth report and the partial debate that took place in 2018 were covered by the last issue of this journal. 46 The seventh report completed the examination of the procedural aspects of immunity regarding the relationship between jurisdiction and the procedural aspects of immunity, questions concerning the invocation of immunity and the waiver of immunity. It also examined procedural safeguards related to the State of the forum and the State of the official, considered the procedural rights and safeguards of the official, and proposed nine draft articles. The debate in plenary focused mainly, but not only, on safeguards or the lack of appropriate safeguards in relation to the exceptions to immunity in respect of serious crimes under international law (draft article 7, provisionally adopted by the ILC in 2017). Following the debate, the Commission decided to refer the draft articles 8 to 16 to the Drafting Committee, taking into account the debate and proposals made in plenary. The complicated debate, including on some alternative proposals, continued in the Drafting Committee. Because of this and the lack of time, the Committee was only able to adopt a new draft article 8 ante that just makes it clear that the procedural aspects and safeguards apply to all the draft articles (including draft article 7). Other draft articles proposed by the Special Rapporteur remain in the Drafting Committee until the next session. She indicated and members generally supported the plan to complete the first reading of the draft articles in 2020. 47 2.6 General principles of law With regard to this new topic, the Commission had before it the first report of the Special Rapporteur Mr. Marcelo Vázquez Bermúdez. 48 The report dealt with the scope of the topic and the main issues to be addressed in the course of the work of the Commission. It also addressed the previous work of the Commission related to the subject and provided an overview of the development of general principles of law over time, as well as an initial assessment of certain basic aspects of the topic and future programme of work. Following the debate in plenary that generally welcomed the first report, while also expressing some doubts about the category of general principles of law “formed within the international legal system”, 49 the Commission decided to refer draft conclusion 1 through 3 to the Drafting Committee. It subsequently took note of the interim report of the Chair of the Drafting Committee on draft conclusion 1 provisionally adopted by the Committee. 3. Conclusion The session of the ILC in 2019 again had a very busy and productive programme. This time it was mainly due to the number and complexity of topics discussed and adopted on second reading (Crimes against humanity) or on first reading (Jus cogens and Protection of the environment in relation to armed conflicts). Those are, without a doubt, significant achievements. By contrast, the Commission still has much to do with respect to the envisaged 46 Cf. ŠTURMA, P. Customary international Law, interpretation of treaties and other topics at the 70 th session of the International Law Commission, Czech Yearbook of Public & Private International Law , vol. 9 (2018), pp. 376-377. 47 See doc. A/CN.4/L.932, p. 16, § 62.

48 See doc. A/CN.4/732 (2019). 49 See doc. A/CN.4/L.933, pp. 6-9.

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