|
A.
Mandate
- 2000
recommendation of the Working-Group on the long-term programme
of work (See syllabus: A/55/10 (E,
F,
S,
R,
C,
A))
- 2004 decision to include the topic in its programme of
work
- G.A. Res.55/152 of 12 December 2000 (E,
F,
S,
R,
C,
A),
56/82 of 12 December 2001 (E,
F,
S,
R,
C,
A)
and Res.59/41
of 2 December 2004 (E,
F,
S,
R,
C,
A)
|
|
B.
Studies undertaken by the Secretariat and Reports
of the Secretary-General
|
|
1.
58th
session of the International Law Commission (2006)
-
Memorandum prepared by the Secretariat
|
-
U.N. Doc. A/CN.4/565
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A) |
| C.
Reports of the Working Group or Sub-Committee |
|
|
|
|
| D.
Reports of the Special Rapporteur |
|
1.
Setting out an overall view of the subject, while
highlighting the legal problems which it raised and
the methodological difficulties related to its consideration.
-
Report of the Special Rapporteur, Maurice
Kamto (57th
session of the ILC (2005))
|
-
U.N. Doc. A/CN.4/554
(F,
S,
R,
C,
A)
- ILC Report, A/60/10,
2005, Chp. VIII, paras.245 - 274 |
2.
Review of the history of the topic, as well as of
the consideration of the preliminary report Consideration
of recent developments relating to the topic. Discussion
of questions of scope and definitions
-
Second Report of the Special Rapporteur,
Maurice Kamto (59th
session of the ILC (2007))
|
-
U.N. Doc. A/CN.4/573
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A)
- ILC Report, A/62/10,
2007, chp.VI, paras. 188-265
|
3.
Consideration of general principles, the right of
expulsion, the requirement of exercise subject to
respect for the fundamental rules of international
law, as well as the limits relating to the person
to be expelled (principle of non-expulsion of nationals,
principle of non-expulsion of refugees, principle
of non-expulsion of stateless persons, and principle
of prohibition of collective expulsion)
-
Third Report of the Special Rapporteur, Maurice
Kamto (59th
session of the ILC (2007))
|
-
U.N. Doc. A/CN.4/581
(F,
S,
R,
C,
A)
- ILC Report, A/62/10,
2007, chp.VI, paras. 188-265 |
4.
Expulsion in cases of dual or multiple nationality
(are dual or multiple nationals aliens? and is the
expelling State the State of dominant or effective
nationality of the person being expelled?) and loss
of nationality, denationalization and expulsion (Loss
of nationality and denationalization, and expulsion
in cases of loss of nationality or denationalization)
-
Fourth Report of the Special Rapporteur,
Maurice Kamto (60th
session of the ILC (2008))
|
-
U.N. Doc. A/CN.4/594
(F,
S,
R,
C,
A)
- ILC Report, A/63/10,
2008, chp.VIII, paras. 173-213 |
5.
Continuation of consideration of the exercise of the
right subject to the rules of international law: the
limits relating to the requirement of respect for
fundamental human rights (preliminary considerations;
general obligation to respect human rights; Specially
protected rights of persons being expelled).
-
Fifth Report of the Special Rapporteur, Maurice
Kamto (61st
session of the ILC (2009))
|
-
U.N. Doc. A/CN.4/611
(F,
S,
R,
C,
A)
and Corr.1
(F,
S,
R,
C,
A)
- ILC Report, A/64/10,
2009, chp.VI, paras. 90-146
|
6.
Continuation of consideration of prohibited expulsion
practices, particularly disguised expulsion and extradition
disguised as expulsion. Consideration of the conditions
in which the person being expelled is detained, as
well as expulsion proceedings.
-
Sixth Report of the Special Rapporteur, Maurice
Kamto (62nd
session of the ILC (2010))
|
-
U.N. Doc. A/CN.4/625
(F,
S,
R,
C,
A),
Add.1
(F,
S,
R,
C,
A)
and Add.2
(F,
S,
R,
C,
A)
- ILC Report, A/65/10,
2010, chp.V, paras. 135-183
- ILC Report, A/66/10,
2011, chp.VIII, paras. 215-263
|
7.
Recent developments on the issue, including national
developments and the Judgment of the International
Court of Justice of 30 November 2010 in the Ahmadou
Sadio Diallo case.
-
Seventh Report of the Special Rapporteur,
Maurice Kamto (63rd
session of the ILC (2011))
|
-
U.N. Doc. A/CN.4/642
(F,
S,
R,
C,
A)
- ILC Report, A/66/10,
2011, chp.VIII, paras. 215-263
|
| |
|
| E.
Reports of the Drafting Committee |
|
|
|
|
-
Progress
report by the Chairman of the Drafting Committee
|
|
|
|
|
-
Progress
report by the Chairman of the Drafting Committee
|
|
|
|
|
-
Progress
report by the Chairman of the Drafting Committee
|
|
|
|
|
-
Progress
report by the Chairman of the Drafting Committee
|
|
| |
|
| F.
Comments by Governments |
|
1.
61st
session of the International Law Commission (2009)
-
Comments and information received from Governments
|
-
U.N. Doc. A/CN.4/604
(F,
S,
R,
C,
A) |
2.
62nd
session of the International Law Commission (2010)
-
Comments and information received from Governments
|
-
U.N. Doc. A/CN.4/628
(F,
S,
R,
C,
A) |
| |
|
| G.
Other |
|
1.
61st
session of the International Law Commission (2009)
-
Draft articles on protection of the human rights
of persons who have been or are being expelled,
as restructured by the Special Rapporteur, Mr. Maurice
Kamto, in the light of the plenary debate during
the first part of the sixty-first session
|
-
U.N. Doc. A/CN.4/617
(F,
S,
R,
C,
A)
|
2.
61st
session of the International Law Commission (2009)
-
New draft workplan presented by the Special Rapporteur,
Mr. Maurice Kamto, with a view to structuring the
draft articles
|
-
U.N. Doc. A/CN.4/618
(F,
S,
R,
C,
A)
|
| |
|
| H.
Reports of the International Law Commission |
|
1.
Report of the International Law Commission on the
work of its Fifty-sixth
session, 3 May to 4 June and 5 July to 6 August 2004
-
Decided to include the topic in its current programme
of work and appointed Maurice Kamto as Special
Rapporteur .
- Discussion in Plenary: 2830th (F)
mtg (6 August 2004)
|
-
ILC Report, A/59/10,
2004, Chp. XI.A.2, para.364
- See the website
of the Sixth Committee of the General Assembly and the
topical summary of debate in the Sixth Committee (A/CN.4/549
(E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A))
-
Ybk,
2004, vI
|
2.
Report of the International Law Commission on the
work of its Fifty-seventh
session, 2 May to 3 June and 11 July to 5 August 2005
-
The Commission had before it the preliminary report
of the Special Rapporteur providing an overall view
of the topic. It held a discussion on the report.
- Discussion in plenary: 2849th
(F),
2850th
(F),
2851st
(F)
and 2852nd
(F)
mtgs (11 to 15 July 2005)
|
-
ILC Report, A/60/10,
2005, Chp. VIII, paras.242 - 274
- See the website
of the Sixth Committee of the General Assembly and the
topical summary of debate in the Sixth Committee (A/CN.4/560)
(E,
F,
S,
R,
C,
A))
|
3.
Report of the International Law Commission on the
work of its Fifty-eighth
session, 1 May to 9 June and 3 July to 11 August 2006
-
The Commission had before it the second report of
the Special Rapporteur for the topic, Mr. Maurice
Kamto and a memorandum prepared by the Secretariat.
The Commission decided to consider the report at
its next session in 2007.
|
-
ILC Report, A/61/10,
2006, Chp. XIII.A, para. 252
- See the website
of the Sixth Committee of the General Assembly and the
topical summary of debate in the Sixth Committee (A/CN.4/577
(E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A)
and Add.2 (E,
F,
S,
R,
C,
A))
|
4.
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
-The
Commission had before it the second and third reports
of the Special Rapporteur. At its 2926th meeting,
held on 29 May 2007, the Commission decided to refer
to the Drafting Committee draft articles 1 and 2,
as revised by the Special Rapporteur at that meeting.392
At its 2944th meeting, held on 27 July 2007, the
Commission decided to refer to the Drafting Committee
draft articles 3 to 7.
- Discussion in plenary: 2923rd
(F),
2924th
(F),
2925th
(F),
2926th
(F)
mtgs, from 23 to 29 May 2007, and 2941st
(F),
2942nd
(F),
2943rd
(F),
and 2944th
(F)
mtgs, from 24 to 27 July 2007.
|
-
ILC Report, A/62/10,
2007, Chp. VI, paras. 184-265
- 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))
|
5.
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 fourth report
of the Special Rapporteur (A/CN.4/594). At its
2973rd
(F)
meeting, the Commission decided to establish a
working group under the chairmanship of Mr. Donald
M. McRae: in order to consider the issues raised
by the expulsion of persons having dual or multiple
nationality and by denationalization in relation
to expulsion. The Chairman of the Working Group
presented the Groups conclusions to the
Commission at the latters 2984th
(F)
meeting.
- At its 2989th
(F)
meeting, on 4 August 2008, the Commission received
an oral
progress report by the Chairman of the Drafting
Committee on the draft articles referred to the
Drafting Committee at the previous session.
- Discussion in plenary: 2969th
(F),
2972nd
(F)
and 2973rd
(F)
mtgs, on 30 May and 5 and 6 June 2008, 2984th
(F)
mtg, on 24 July 2008, and 2989th
(F)
mtg, on 4 August 2008.
|
-
ILC Report, A/63/10,
2008, Chp. VIII, paras. 166-213
- 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))
|
6.
Report of the International Law Commission on the
work of its Sixty-first
session, 4 May to 5 June and 6 July to 7 August 2009
-
The Commission had before it the fifth report
of the Special Rapporteur (A/CN.4/611 and Corr.1),
as well as the comments and information received
from Governments up to that point (A/CN.4/604).
- At
its 3006th
(F)
meeting, the Special Rapporteur undertook to present
to the Commission a revised and restructured version
of draft articles 8 to 14, taking into account
the plenary debate. The Special Rapporteur then
submitted to the Commission a document containing
a set of draft articles on protection of the human
rights of persons who have been or are being expelled,
revised and restructured in the light of the plenary
debate (A/CN.4/617). He also submitted a new draft
workplan with a view to restructuring the draft
articles (A/CN.4/618). At its 3028th
(F)
meeting, on 28 July 2009, the Commission decided
to postpone its consideration of the revised draft
articles to its sixty-second session.
- Discussion in Plenary: 3002nd
(F),
3003rd
(F),
3004th
(F),
3005th
(F),
3006th
(F)
mtgs, on 8, 12, 13, 14 and 15 May 2009, and 3028th
(F)
mtg, on 28 July 2009.
|
-
ILC Report, A/64/10,
2009, chp. VI, paras. 85-146
- 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)) |
7.
Report of the International Law Commission on the
work of its Sixty-second
session, 3 May to 4 June and 5 July to 6 August 2010
-
The Commission had before it the draft articles
on protection of the human rights of persons who
have been or are being expelled, as revised and
restructured by the Special Rapporteur (A/CN.4/617);
the new draft workplan presented by the Special
Rapporteur with a view to structuring the draft
articles (A/CN.4/618); and the sixth report presented
by the Special Rapporteur (A/CN.4/625 and Add.1).
It considered them at its 3036th meeting, on 3
May 2010, its 3038th to 3041st meetings, on 5,
6, 7 and 10 May 2010, its 3044th meeting, on 14
May 2010, and its 3062nd to 3066th meetings, on
9, 13, 14, 15 and 16 July 2010. The Commission
likewise had before it comments and information
received from Governments.
- At
its 3040th (F)
meeting, on 7 May 2010, the Commission decided
to refer to the Drafting Committee draft articles
8 to 15 on protection of the human rights of persons
who have been or are being expelled, originally
contained in the fifth report (A/CN.4/611), as
revised and restructured by the Special Rapporteur
in document A/CN.4/617.
- At its 3066th
(F)
meeting, on 16 July 2010, the Commission decided
to refer to the Drafting Committee draft articles
A and 9, as contained in the sixth report of the
Special Rapporteur (A/CN.4/625), and draft articles
B1 and C1, as contained in the addendum to the
sixth report (A/CN.4/625/Add.1), as well as draft
articles B1242 and A1,1243 as revised by the Special
Rapporteur during the session.
- Discussion in Plenary: 3036th (F),
3038th (F),
3039th
(F),
3040th (F),
3041st
(F)
and 3044th
(F)
mtgs (3, 5, 6, 7, 10 and 14 May 2010), 3062nd
(F),
3063rd
(F), 3064th
(F),
3065th (F),
and 3066th
(F),
on 9, 13, 14, 15 and 16 July 2010.
|
-
ILC Report, A/65/10,
2010, chp. V, paras. 107-183
- 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))
|
7.
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 addendum
to the sixth report of the Special Rapporteur
(A/CN.4/625/Add.2), which it considered at its
3091st to 3094th meetings, from 24 to 27 May 2011;
and the Special Rapporteurs seventh report
(A/CN.4/642), which it considered at its 3098th
meeting, on 4 July 2011. The Commission also had
before it comments received from Governments.
- At
its 3094th meeting, on 27 May 2011, the Commission
decided to refer to the Drafting Committee draft
articles D1, E1, G1, H1, I1 and J1, as contained
in the second addendum to the sixth report; draft
article F1, also contained in the second addendum,
as revised by the Special Rapporteur during the
session, and draft article 8, in the revised version
introduced by the Special Rapporteur during the
sixty-second session.
- At its 3098th meeting, on 4 July 2011, the Commission
decided to refer to the Drafting Committee the
restructured summary of the draft articles contained
in the seventh report of the Special Rapporteur.
- At its 3126th meeting, on 11 August 2011, the
Commission took note of an interim
report by the Chairman of the Drafting Committee
informing the Commission of the progress of work
on the set of draft articles on the expulsion
of aliens, which were being finalized with a view
to being submitted to the Commission at its sixty-fourth
session for adoption on first reading.
- Discussion in Plenary: 3091st
(F), 3092nd
(F), 3093rd
(F),
3094th
(F)
mtgs (24 to 27 May 2011), 3098th
(F)
mtg (4 July 2011), and 3126th (F)
mtg (11 August 2011)
|
-
ILC Report, A/66/10,
2011, chp.VIII, paras. 204-263
- See the website
of the Sixth Committee of the General Assembly
and the topical summary of debate in the Sixth Committee
(forthcoming) |
| I.
General Assembly Action |
|
Res.
59/41 of 2 December 2004 (E,
F,
S,
R,
C,
A)
-
Endorsed the Commission's decision 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.4/549
(E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A)) |
Res.
60/22 of 23 November 2005 (E,
F,
S,
R,
C,
A)
-
Invited Governments to provide information to the
International Law Commission on 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.4/560)
(E,
F,
S,
R,
C,
A) |
Res.
62/66 of 6 December 2007 (E,
F,
S,
R,
C,
A)
-
Invited Governments to provide information to the
International Law Commission on 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.4/588
(E,
F,
S,
R,
C,
A)) |
Res.
64/114 of 16 December 2009 (E,
F,
S,
R,
C,
A)
-
Drew the attention of Governments to the importance
for the International Law Commission of having their
views regarding practice with regard to 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.4/620
(E,
F,
S,
R,
C,
A)
and Add.1 (E,
F,
S,
R,
C,
A)) |
| J.
Final Outcome |
|
Work
in progress
|
|
|
|
|
|
|
|