A.
Mandate
-
2006 recommendation of the Working-Group on the long-term
programme of work (See syllabus: A/61/10 (E,
F,
S,
R,
C,
A))
- 2007 decision to include the topic in its programme
of work
- G.A. Res.62/66 of 6 December 2007
|
|
| B.
Studies undertaken by the Secretariat and Reports of the Secretary-General |
|
1.
60th session
of the International Law Commission (2008)
-
Memorandum prepared by the Secretariat
|
-
U.N. Doc. A/CN.4/596
(F,
S,
R,
C,
A) |
| C.
Reports of the Working Group or Sub-Committee |
|
None
|
|
| D.
Reports of the Special Rapporteur |
|
1. Preliminary
report on immunity of State officials from foreign criminal
jurisdiction. Discussion of the history of the consideration
of the question of immunity of State officials from foreign
jurisdiction by the International Law Commission and the
Institute of International Law. Consideration of preliminary
issues (sources, immunity and jurisdiction) as well as of
issues to be considered in defining the scope (boundaries
of the topic and persons covered).
-
Preliminary Report of the Special Rapporteur, Mr.
Roman Anatolevich Kolodkin (60th
session of the ILC (2008))
|
- U.N.
Doc. A/CN.4/601
(F,
S,
R,
C,
A)
- ILC Report, A/63/10,
2008, Chp. X, paras.267-311 |
2. Consideration
of the scope of immunity of a State official from foreign
criminal jurisdiction, including immunity ratione materiae,
ratione personae, acts of a State exercising jurisdiction
which are precluded by the immunity of an official, territorial
scope of immunity and possible exceptions to the rule on
immunity.
-
Second Report of the Special Rapporteur, Mr. Roman
Anatolevich Kolodkin (63rd
session of the ILC (2011))
|
-
U.N. Doc. A/CN.4/631
(F,
S,
R,
C,
A)
- ILC Report, A/66/10,
2011, Chp. VII, paras. 106-140
|
3. Consideration
of the procedural aspects of the topic, as well as the relationship
between a States argument that its official has immunity
and the responsibility of that State for a wrongful act
committed by that official which gives rise to the issue
of immunity.
-
Third Report of the Special Rapporteur, Mr. Roman
Anatolevich Kolodkin (63rd
session of the ILC (2011))
|
-
U.N. Doc. A/CN.4/646
(F,
S,
R,
C,
A)
- ILC Report, A/66/10,
2011, Chp. VII, paras. 141-203
|
4. Consideration
of the topic during the quinquennium 2007-2011. Issues to
be considered during the quinquennium: immunity ratione
personae and immunity ratione materiae; the international
responsibility of the State and the international responsibility
of individuals: implications for immunity; immunity ratione
personae; immunity ratione materiae; and procedural
aspects of immunity.
-
Preliminary Report of the Special Rapporteur, Ms.
Concepción Escobar Hernández (64th
session of the ILC (2012))
|
-
U.N. Doc. A/CN.4/654
(F,
S,
R,
C,
A)
|
5. Consideration
of the scope of the topic, the concepts of immunity and
jurisdiction, the distinction between immunity ratione
personae and immunity ratione materiae, and discussion
of th normative elements of immunity ratione personae.
Proposals for draft articles 1 to 6.
-
Second Report of the Special Rapporteur, Ms. Concepción
Escobar Hernández (65th
session of the ILC (2013))
|
-
U.N. Doc. A/CN.4/661
(F,
S,
R,
C,
A)
|
| E.
Reports of the Drafting Committee |
|
|
|
|
| F.
Comments by Governments |
|
|
|
|
| G.
Other |
|
|
|
|
| H.
Reports of the International Law Commission |
|
1. Report
of the International Law Commission on the work of its fifty-ninth
session, 7 May to 5 June and 9 July to 10 August 2007
-
Decided to include the topic in its current programme
of work and appointed Roman A. Kolodkin as Special
Rapporteur .
- Discussion in Plenary: 2940th
(F)
mtg (20 July 2007)
|
-
ILC Report, A/62/10,
2007, Chp. X.A.4, para.376
- See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/588 (E,
F,
S,
R,
C,
A))
|
2. Report
of the International Law Commission on the work of its sixtieth
session, 5 May to 6 June and 7 July to 8 August 2008
-
The Commission had before it the preliminary report of
the Special Rapporteur (A/CN.4/601), as well as a memorandum
of the Secretariat on the topic (A/CN.4/596).
- Discussion in Plenary: 2982nd
(F),
2983rd
(F),
2984th
(F),
2985th
(F),
2986th
(F),
and 2987th
(F)
mtgs, from 22 to 25 and 29 to 30 July 2008
|
-
ILC Report, A/63/10,
2008, Chp. X, paras.265-311
- See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/606 (E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A))
|
|
|
-
ILC Report, A/64/10,
2009, Chp. V, paras. 205-207
- See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/620 (E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A))
|
|
|
-
ILC Report, A/65/10,
2010, Chp. IX, paras. 341-343
- See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/638 (E,
F,
S,
R,
C,
A))
|
5. Report
of the International Law Commission on the work of its sixty-third
session, 26 April to 3 June and 4 July to 12 August 2011
-
the Commission had before it the second report of the
Special Rapporteur (A/CN.4/631). The Commission considered
the report at its 3086th, 3087th and 3088th meetings,
on 10, 12 and 13 May, and at its 3111th and 3115th meetings,
on 25 and 29 July 2011.
- The Commission also had before it the third report
of the Special Rapporteur (A/CN.4/646). The Commission
considered the report at its 3111th, 3113th, 3114th
and 3115th meetings, on 25, 27, 28 and 29 July 2011.
-
Discussion in Plenary: 3086th
(F),
3087th
(F)
and 3088th
(F)
mtgs (10, 12 and 13 May), 3111th
(F),
3113th
(F),
3114th
(F)
and 3115th
(F)
mtgs (25, 27, 28 and 29 July 2011).
|
-
ILC Report, A/66/10,
2011, Chp. VII, paras. 102-203
- See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/650 (E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A)) |
6. Report
of the International Law Commission on the work of its sixty-fourth
session, 7 May to 1 June and 2 July to 3 August 2012
-
The Commission, at its 3132nd meeting, on 22 May 2012,
appointed Ms. Concepción Escobar Hernández
as Special Rapporteur to replace Mr. Roman Kolodkin,
who was no longer a member of the Commission.
- The
Commission had before it the preliminary report of the
Special Rapporteur
(A/CN.4/654).
- Discussion in Plenary: 3143rd
(F),
3144th
(F),
3145th
(F),
3146th
(F)
and 3147th
(F) mtgs (10, 12, 13, 17 and 20 July 2012)
|
-
ILC Report, A/67/10,
2012, chp.VI, paras. 82-139
- See the website
of the Sixth Committee of the General Assembly |
| I.
General Assembly Action |
|
Res.
62/66 of 6 December 2007 (E,
F,
S,
R,
C,
A)
-
Took note of the decision of the International Law Commission
to include the topic in its programme of work.
|
-
See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/588 (E,
F,
S,
R,
C,
A)) |
Res.
66/98
of 9 December 2011 (E,
F,
S,
R,
C,
A)
-
Invited the International Law Commission to continue to
give priority to, and work towards the conclusion of the
topic.
|
-
See the website
of the Sixth Committee of the General Assembly and the topical
summary of debate in the Sixth Committee (A/CN.4/650 (E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A)) |
| |
|
| J.
Final Outcome |
|
Work
in progress
|
|
|
|