Current status of the work of the Commission and forthcoming deadlines *
The Commission recently concluded its work on the following topics:
Sea-level rise in relation to international law (Summary | Analytical Guide)
At its seventy-first session, in 2019, the International Law Commission decided to include the topic in its programme of work. The Commission also decided to establish an open-ended Study Group on the topic, to be co-chaired, on a rotating basis, by: Bogdan Aurescu, Yacouba Cissé, Patricia Galvão Teles, Nilüfer Oral and Juan José Ruda Santolaria. The Study Group received and considered two issues papers and two additional papers, to each issues paper respectively, as well as a memorandum by the Secretariat identifying elements in the previous work of the Commission that could be relevant for its future work on the topic, from the seventy-second (2021) to the seventy-fifth (2024) sessions of the Commission.
At the seventy-sixth session of the Commission, in 2025, the Study Group on sea-level rise in relation to international law had before it the final consolidated report of the Co-Chairs of the Study Group (A/CN.4/783), prepared by the Co-Chairs of the Study Group, Ms. Patrícia Galvão Teles, Ms. Nilüfer Oral and Mr. Juan José Ruda Santolaria, which addressed all three subtopics – law of the sea, statehood, and the protection of persons affected by sea-level rise – as well as a draft final report of the Study Group, proposed by the Co-Chairs. The Commission adopted the final report of the Study Group and concluded its consideration of the topic (chap. IV and annex I of the 2025 ILC report). (chap. IV and annex of the 2025 ILC report)
The following topics are on the programme of work of the Commission:
Immunity of State officials from foreign criminal jurisdiction (Summary | Analytical Guide)
The Commission commenced its consideration of the topic in 2008, and has considered three reports by the former Special Rapporteur, Mr. Roman Kolodkin, as well as a memorandum prepared by the Secretariat, as well as eight reports by Ms. Concepción Escobar Hernández, who was appointed as Special Rapporteur in 2012 to replace Mr. Roman Kolodkin.
At its seventy-third session, in 2022, the Commission adopted, on first reading, 18 draft articles and a draft annex on immunity of State officials from foreign criminal jurisdiction, together with commentaries thereto. The Commission decided, in accordance with articles 16 to 21 of its statute, to transmit the draft articles, through the Secretary-General, to Governments for comments and observations, with the request that such comments and observations be submitted to the Secretary-General by 1 December 2023 (chap. VI of the 2022 ILC report).
At its seventy-fifth session, in 2024, the Commission had before it the first report of the Special Rapporteur (A/CN.4/775), as well as comments and observations received from Governments (A/CN.4/771 and Add.1 and 2). The Special Rapporteur, in his first report, examined the general comments and observations received from Governments on the draft articles, as well as the comments and observations received from Governments specifically on draft articles 1 to 6, as adopted on first reading. He made proposals for consideration on second reading in relation to draft articles 1 to 6, in light of the comments and observations made by States in both written comments and in the Sixth Committee. The Commission decided to refer draft articles 1 to 6 to the Drafting Committee, taking into account the comments and observations made during the plenary debate. The Commission subsequently took note of draft articles 1, 3, 4 and 5, as provisionally adopted by the Drafting Committee (A/CN.4/L.1001). (chap. VII of the 2024 ILC report)
At its seventy-sixth session, in 2025, the Commission had before it the second report of the Special Rapporteur (A/CN.4/780), as well as comments and observations received from Governments (A/CN.4/771 and Add.1, Add.2 and Add.3). The second report addressed the comments and observations made by Governments on draft articles 7 to 18 and the draft annex, as adopted on first reading, and included proposals for their consideration on second reading. Following the debate in plenary, the Commission decided to refer draft articles 7 to 18 and the draft annex to the Drafting Committee, taking into account the comments and observations made during the plenary debate. The Commission provisionally adopted draft articles 1, 3, 4 and 5, which it had taken note of at the seventy-fifth session. It also subsequently adopted commentaries to draft articles 1, 3, 4 and 5. The Commission received and took note of the report of the Drafting Committee on draft articles 7, 8 and 9 (A/CN.4/L.1017), as provisionally adopted by the Drafting Committee on second reading at the present session. Owing to the unavailability of time for the preparation, translation and consideration of commentaries, as a consequence of the reduced length of the session, the adoption of draft articles 7, 8 and 9 by the Commission was postponed to the seventy-seventh session (chap. V of the 2025 ILC report)
Succession of States in respect of State responsibility (Summary | Analytical Guide)
At its sixty-ninth session, in 2017, the Commission decided to include the topic in its programme of work, and to appoint Mr. Pavel Šturma as Special Rapporteur.
At the same session, the Commission had before it the first report of the Special Rapporteur (A/CN.4/708), which sought to set out the Special Rapporteur’s approach to the scope and outcome of the topic, and to provide an overview of general provisions relating to the topic. Following the 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 Commission subsequently took note of the interim report of the Chair of the Drafting Committee on draft articles 1 and 2 provisionally adopted by the Committee, which was submitted to the Commission for information (chap. IX of the 2017 report).
At its seventieth session, in 2018, the Commission had before it the second report of the Special Rapporteur, Mr. Pavel Šturma (A/CN.4/719). The report provided an outline of general approach (methodology) to the topic. It further discussed the legality of succession, and reviewed the general rules on succession of States in respect of State responsibility, particularly in relation to attribution and in relation to the difference between continuing and completed breaches. The report also discussed cases of succession where the predecessor State continued to exist and cases of succession where the predecessor State did not exist. The Commission decided to refer draft articles 5 to 11, as contained in the report of the Special Rapporteur, to the Drafting Committee. The Commission subsequently took note of the interim report of the Chair of the Drafting Committee on draft article 1, paragraph 2, and draft articles 5 and 6 provisionally adopted by the Committee, which was presented to the Commission for information only. (chap. X of the 2018 report)
At its seventy-first session, in 2019, the Commission had before it the third report of the Special Rapporteur (A/CN.4/731), which addressed introductory issues, including certain general considerations, questions of reparation for injury resulting from internationally wrongful acts committed against the predecessor State as well as its nationals, and technical proposals in relation to the scheme of the draft articles. Following the debate in plenary, the Commission decided to refer draft articles 2, paragraph (f), X, Y, 12, 13, 14 and 15, and the titles of Part Two and Part Three, as contained in the third report of the Special Rapporteur, to the Drafting Committee. Upon its consideration of a first report of the Drafting Committee, the Commission provisionally adopted draft articles 1, 2 and 5, with commentaries thereto. Furthermore, the Commission took note of the interim report of the Chair of the Drafting Committee on draft articles 7, 8 and 9 provisionally adopted by the Committee, which was presented to the Commission for information only (chap. VII of the 2019 report).
At its seventy-second session, in 2021, the Commission had before it the fourth report of the Special Rapporteur (A/CN.4/743 + Corr.1), which addressed questions related to the impact of succession of States on forms of responsibility, in particular the different forms of reparation, the obligation of cessation and assurances and guarantees of non-repetition. Following the debate in plenary, the Commission decided to refer draft articles 7 bis, 16, 17, 18 and 19, as contained in the fourth report of the Special Rapporteur, to the Drafting Committee, taking into account the comments made in plenary. The Commission provisionally adopted draft articles 7, 8 and 9, which had been provisionally adopted by the Drafting Committee at the seventy-first session, together with commentaries thereto. Furthermore, the Commission took note of the interim report of the Chair of the Drafting Committee on draft articles 10, 10 bis and 11, provisionally adopted by the Committee at the present session, which was presented to the Commission for information only (chap. VII of the 2021 report).
At its seventy-third session, in 2022, the Commission had before it the fifth report of the Special Rapporteur (A/CN.4/751), which primarily addressed the problems relating to a plurality of injured successor States or of responsible successor States. Following the debate in plenary, the Commission decided that the work of the Commission on the topic would take the form of draft guidelines, rather than draft articles. The Drafting Committee proceeded to prepare draft guidelines on the basis of the texts referred to it by the Commission at previous sessions. The Commission provisionally adopted draft guidelines 6, 10, 10 bis and 11, which had been provisionally adopted by the Drafting Committee in 2018 and 2021, as well as draft guidelines 7 bis, 12, 13, 13 bis, 14, 15 and 15 bis, which were provisionally adopted by the Drafting Committee at the present session, together with commentaries thereto. The Commission also took note of revised draft guidelines 1, 2, 5, 7, 8 and 9, as provisionally adopted by the Drafting Committee and reflected in an annex to the statement of the Chair of the Drafting Committee (chap. VII of the 2022 ILC report).
At its seventy-fourth session, in 2023, the Commission had no report before it on the topic, as the Special Rapporteur was no longer with the Commission. The Commission decided to establish a Working Group on the topic and appointed chaired by Mr. August Reinisch. The Working Group focused its discussion on considering the way forward for the topic. It considered whether the Commission should continue developing a text in the Drafting Committee and proceed to conclude the first reading of the draft guidelines, or whether it should pursue a different course, as suggested in the plenary in 2022, and convene a dedicated Working Group with a view to eventually producing a report on the topic to be adopted by the Commission. The Working Group decided to recommend that the Commission continue its consideration of the topic, but not proceed with the appointment of a new Special Rapporteur. It further recommended that the Working Group be re-established at the seventy-fifth session of the Commission with a view to undertaking further reflection on the way forward for the topic, taking into account the views expressed, and the options identified, in the Working Group at the seventy-fourth session. Such further reflection was to be undertaken on the basis of a working paper identifying the various complexities surrounding the provisions adopted by the Commission thus far and outlining the options open to the Commission, to be prepared by the Chair of the Working Group in advance of the seventy-fifth session of the Commission, in close collaboration with interested members of the Working Group. (chap. IX of the 2023 ILC report)
At its seventy-fifth session, in 2024, the Commission re-established the working group, with Mr. August Reinisch as Chair. The Commission subsequently considered and took note of the report of the Working Group. The Commission, having considered the recommendations of the Working Group:
- (a) decided to establish at its seventy-sixth session (2025) a Working Group on succession of States in respect of State responsibility for the purpose of drafting a report that would bring the work of the Commission on the topic to an end;
- (b) decided that the report would contain a summary of the difficulties that the Commission would face if it were to continue its work on the topic and explain the reasons for the discontinuance of such work; and
- (c) decided to appoint Mr. Bimal N. Patel as Chair of the Working Group to be established at the seventy-sixth session of the Commission and recommended that the Chair be encouraged to prepare the draft report of the Working Group in advance of the next session, in close collaboration with interested members.
(chap. IX of the 2024 ILC report)
At its seventy-sixth session, in 2025, and further to the decision taken at its seventy-fifth session, the Commission decided to establish a Working Group of the Whole on the topic, chaired by Mr. Bimal N. Patel. The Working Group had before it a draft report of the Working Group prepared by the Chair (A/CN.4/L.1004). Owing to the reduction of the length of the present session, the Working Group was only able to hold one meeting. The Commission took note of the oral report of the Chair of the Working Group on the discussion in the Working Group. (chap. XI of the 2025 ILC report)
General principles of law (Summary | Analytical Guide)
At its seventieth session, in 2018, the Commission decided to include the topic “General principles of law” in its programme of work and appointed Mr. Marcelo VázquezBermúdez as Special Rapporteur.
At its seventy-first session, in 2019, the Commission had before it the first report of the Special Rapporteur (A/CN.4/732), which addressed the scope of the topic and the main issues to be addressed in the course of the work of the Commission. The report also addressed previous work of the Commission related to general principles of law 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 work on the topic. Following the debate in plenary, the Commission decided to refer draft conclusions 1 to 3, as contained in the report of the Special Rapporteur, to the Drafting Committee. The Commission subsequently took note of the interim report of the Chair of the Drafting Committee on draft conclusion 1 provisionally adopted by the Committee, which was presented to the Commission for information only (chap. IX of the 2019 report).
At its seventy-second session, in 2021, the Commission had before it the second report of the Special Rapporteur (A/CN.4/741 and Corr.1), which discussed the identification of general principles of law in the sense of Article 38, paragraph 1 (c), of the Statute of the International Court of Justice. Following the debate in plenary, the Commission decided to refer draft conclusions 4, 5, 6, 7, 8 and 9, as presented in the second report, to the Drafting Committee, taking into account the comments made in plenary. The Commission received and adopted the report of the Drafting Committee on draft conclusions 1, 2 and 4, and provisionally adopted those draft conclusions, together with commentaries. Furthermore, the Commission took note of draft conclusion 5, which was also contained in the report of the Drafting Committee (chap. VIII of the 2021 report).
At its seventy-third session, in 2022, the Commission had before it the third report of the Special Rapporteur (A/CN.4/753), which discussed the issue of transposition, general principles of law formed within the international legal system, and the functions of general principles of law and their relationship with other sources of international law. Following the debate in plenary, the Commission decided to refer draft conclusions 10, 11, 12, 13 and 14, as presented in the third report, to the Drafting Committee, taking into account the comments made in plenary. The Commission received the report of the Drafting Committee on the consolidated text of draft conclusions 1 to 11, provisionally adopted by the Drafting Committee, and provisionally adopted draft conclusions 3, 5 and 7. The Commission took note of draft conclusions 6, 8, 9, 10 and 11, which were also contained in the report of the Drafting Committee (chap. VIII of the 2022 ILC report).
At its seventy-fourth session, in 2023, the Commission received and considered the report of the Drafting Committee (A/CN.4/L.982), following the completion by the Drafting Committee of the first reading of the draft conclusions on the topic. The Commission adopted, on first reading, 11 draft conclusions on general principles of law, together with commentaries thereto. The Commission decided, in accordance with articles 16 to 21 of its statute, to transmit the draft conclusions, through the Secretary-General, to Governments for comments and observations, with the request that such comments and observations be submitted to the Secretary-General by 1 December 2024 (chap. IV of the 2023 ILC report).
At its seventy-sixth session, in 2025, the Commission had before it the fourth report of the Special Rapporteur (A/CN.4/785) with the bibliography thereto (A/CN.4/785/Add.1), as well as comments and observations received from Governments (A/CN.4/779 + Add.1). The fourth report addressed the comments and observations received from Governments on the draft conclusions and commentaries, as adopted on first reading, as well as comments made by States in the Sixth Committee. The fourth report proposed modifications to the draft conclusions where necessary. Following the debate in plenary, the Commission decided to refer draft conclusions 1 to 12 to the Drafting Committee, taking into account the comments and observations made during the plenary debate. The Commission received and took note of the report of the Drafting Committee on the consolidated text of draft conclusions 1 to 12 (A/CN.4/L.1018), as provisionally adopted by the Drafting Committee on second reading at the present session. Owing to the unavailability of time for the preparation, translation and consideration of commentaries, as a consequence of the reduced length of the session, the adoption of the draft conclusions on general principles of law on second reading by the Commission was postponed to the seventy-seventh session (chap. VI of the 2025 ILC report).
Settlement of disputes to which international organizations are parties (Summary | Analytical Guide)
At its sixty-eighth session, in 2016, the Commission included the topic “The settlement of international disputes to which international organizations are parties” in its long-term programme of work. A syllabus describing the possible overall structure of, and approach to, the topic was annexed to that year’s report of the Commission. At its seventy-third session, in 2022, the International Law Commission decided to include the topic “Settlement of international disputes to which international organizations are parties” in its programme of work and appointed August Reinisch as Special Rapporteur for the topic.
At the seventy-fourth session, in 2023, the Commission had before it the first report of the Special Rapporteur on the topic (A/CN.4/756), which addressed the scope of the topic and provided an analysis of the subject matter of the topic in light of previous relevant work of the Commission and of other international bodies. The report also addressed certain definitional issues. The Commission subsequently provisionally adopted draft guidelines 1 and 2 (A/CN.4/L.983) and decided to change the title of the topic from “Settlement of international disputes to which international organizations are parties” to “Settlement of disputes to which international organizations are parties” (chap. V of the 2023 ILC report)
At its seventy-fifth session, in 2024, the Commission had before it the second report of the Special Rapporteur (A/CN.4/766), as well as the memorandum by the Secretariat providing information on the practice of States and international organizations which may be of relevance to the future work of the Commission on the topic, including both international disputes and disputes of a private law character (A/CN.4/764). In his second report, the Special Rapporteur focused on the discussion of "international disputes". He also provided an analysis of the practice of settling international disputes to which international organizations are parties, as well as of policy issues relevant to the Commission's work on the topic, and outlined his plans for future work on the topic. The Special Rapporteur proposed four draft guidelines: one on the definition of international disputes for the purposes of the draft guidelines, one on the practice of dispute settlement, one on access to arbitration and judicial settlement, and one on dispute settlement and rule of law requirements. The Commission subsequently provisionally adopted draft guidelines 3 to 6 (A/CN.4/L.998 and Add.1). (chap. IV of the 2024 ILC report)
At its seventy-sixth session, in 2025, the Commission had before it the third report of the Special Rapporteur (A/CN.4/782), with the bibliography thereto (A/CN.4/782/Add.1). In his third report, the Special Rapporteur focused on the discussion of disputes between international organizations and private parties. He also provided an analysis of the practice of settling such disputes, as well as of policy issues relevant to the Commission's work on the topic, outlined his plans for the future work and proposed five draft guidelines. Owing to the reduction of the length of the present session, the Commission was unable to consider the third report of the Special Rapporteur in plenary. The Commission decided to establish a Working Group of the Whole on the topic, chaired by the Special Rapporteur, to allow for a preliminary exchange of views on the third report. The Working Group held one meeting. The Commission took note of the oral report of the Chair of the Working Group on the discussion in the Working Group. (chap. VIII of the 2025 ILC report)
Prevention and repression of piracy and armed robbery at sea (Summary | Analytical Guide)
At its seventy-first session, in 2019, the Commission included the topic “Prevention and repression of piracy and armed robbery at sea” in its long-term programme of work. A syllabus describing the possible overall structure of, and approach to, the topic was annexed to that year’s report of the Commission.
At its seventy-third session, in 2022, the Commission decided to include the topic “Prevention and repression of piracy and armed robbery at sea” in its programme of work and appointed Yacouba Cissé as Special Rapporteur for the topic.
At its seventy-fourth session, in 2023, the Commission had before it the first report of the Special Rapporteur (A/CN.4/758), which discussed the historical, socioeconomical and legal aspects of the topic; reviewed the national legislation and judicial practice of States concerning the definition of piracy and the implementation of conventional and customary international law; and discussed the future programme of work on the topic. The Commission also had before it a memorandum prepared by the Secretariat providing elements in the previous work of the Commission that could be particularly relevant for its future work on the topic and the views expressed by States; as well as information on resolutions adopted by the Security Council and by the General Assembly relevant to the topic (A/CN.4/757). The Commission subsequently provisionally adopted draft articles 1 to 3 (A/CN.4/L.984);, with commentaries thereto. (chap. VI of the 2023 ILC report)
At its seventy-fifth session, in 2024, the Commission had before it the second report of the Special Rapporteur (A/CN.4/770) and a second memorandum prepared by the Secretariat concerning the topic (A/CN.4/767), providing information on: the treatment of the provision containing the definition of piracy in the 1956 draft articles concerning the law of the sea; views expressed by States at the First United Nations Conference on the Law of the Sea, which resulted in the adoption of the Convention on the High Seas, and at the Third United Nations Conference on the Law of the Sea, which resulted in the adoption of the United Nations Convention on the Law of the Sea; and writings relevant to the definitions of piracy and of armed robbery at sea. In his second report, the Special Rapporteur provided a description and analysis of the practice of international organizations involved in combating piracy and armed robbery at sea. He reviewed the regional and subregional approaches to combating piracy and armed robbery at sea, as well as the practice of States in concluding bilateral agreements. He also provided an outline of the future work on the topic. The Special Rapporteur proposed four draft articles: on general obligations, on the obligation of prevention, on criminalization under national law, and on the establishment of national jurisdiction. The Commission subsequently considered an interim oral report presented by the Chair of the Drafting Committee on the general discussion regarding the topic as a whole and its future direction and on draft article 4, as provisionally adopted by the Drafting Committee (A/CN.4/L.1000). (chap. VI of the 2024 ILC report)
At its seventy-sixth session, in 2025, the Commission had before it a note by the Special Rapporteur (A/CN.4/786). In his note, the Special Rapporteur identified points of law which, in his opinion, could constitute the major themes of the work of the Commission on the topic, outlined general areas of inquiry based on the main features of the topic and provided methodological guidance. The Commission decided to establish a Working Group of the Whole on the topic, chaired by the Special Rapporteur, to consider the note by the Special Rapporteur. Owing to the reduction of the length of the present session, the Working Group held one meeting. The Commission took note of the oral report of the Chair of the Working Group on the discussion in the Working Group. (chap. X of the 2025 ILC report)
Subsidiary means for the determination of rules of international law (Summary | Analytical Guide)
At its seventy-second session, in 2021, the Commission included the topic “Subsidiary means for the determination of rules of international law” in its long-term programme of work. A syllabus describing the possible overall structure of, and approach to, the topic was annexed to that year’s report of the Commission.
At its seventy-third session, in 2022, the Commission decided to include the topic “Subsidiary means for the determination of rules of international law” in its programme of work and appointed Charles Chernor Jalloh as Special Rapporteur for the topic.
At its seventy-fourth session, in 2023, the Commission had before it the first report of the Special Rapporteur (A/CN.4/760), as well as a memorandum by the Secretariat providing information on previous work of the Commission that could be of relevance to the future work of the Commission (A/CN.4/759). The first report addressed, inter alia, the scope of the topic and the main issues to be addressed in the course of the work of the Commission, the drafting history of Article 38, paragraph 1 (d) of the Statute of the International Court of Justice and the previous work of the Commission related to subsidiary means. The Commission subsequently adopted draft conclusions 1 to 3 (A/CN.4/L.985), with commentaries thereto, as well as draft conclusions 4 and 5 (A/CN.4/L.985/Add.1). (chap. VII of the 2023 ILC report)
At its seventy-fifth session, in 2024, the Commission had before it the second report of the Special Rapporteur (A/CN.4/769). The Special Rapporteur addressed: the work of the Commission on the topic thus far; the functions of subsidiary means for the determination of rules of international law, including in the drafting history of Article 38, paragraph 1 (d), of the Statute of the International Court of Justice, the practice of the International Court of Justice and other international tribunals, and scholarly writings concerning the functions of subsidiary means; and the general nature of precedent in domestic and international adjudication, including Article 38, paragraph 1 (d), and its relationship to Article 59 of the Statute of the International Court of Justice, as well as the relationship between Article 59 and Article 61 of the Statute of the International Court of Justice, and the link to the rights of third States. He proposed three draft conclusions and also made suggestions for the future programme of work on the topic. The Commission also had before it the memorandum it had requested from the Secretariat identifying elements in “the case law of international courts and tribunals, and other bodies, which would be particularly relevant for its future work on the topic” (A/CN.4/765). Yhe Commission, having considered the report of the Drafting Committee on the topic at its seventy-fourth session, provisionally adopted draft conclusions 4 and 5, as orally revised. The Commission also provisionally adopted draft conclusions 6, 7 and 8. (chap. V of the 2024 ILC report)
At its seventy-sixth session, in 2025, the Commission had before it the third report of the Special Rapporteur (A/CN.4/781) with the bibliography thereto (A/CN.4/781/Add.1). The third report addressed, inter alia, teachings, the works of expert bodies, resolutions of international organizations and intergovernmental conferences, the question of unity and coherence of international law, the relationship between "subsidiary means" for determining rules of law and "supplementary means" of interpretation, the structure of the draft conclusions and the future programme of work. Following the debate in plenary, the Commission decided to refer draft conclusions 9, 10, 11, 12 and 13, as presented in the third report, to the Drafting Committee, taking into account the comments and observations made during the plenary debate. The Commission also referred the draft conclusions adopted at previous sessions back to the Drafting Committee for the purpose of finalizing the first reading. The Commission received and took note of the report of the Drafting Committee containing draft conclusions 1 to 13 (A/CN.4/L.1019), as provisionally adopted by the Drafting Committee on first reading at the present session. The adoption of draft conclusions 1 to 13 by the Commission was postponed to the seventy-seventh session, owing to the unavailability of time for the translation and consideration of commentaries, which had been prepared by the Special Rapporteur, as a consequence of the reduced length of the session. (chap. VII of the 2025 ILC report)
Non-legally binding international agreements (Summary | Analytical Guide)
At its seventy-third session, in 2022, the Commission included the topic “Non-legally binding international agreements” in its long-term programme of work. A syllabus for the topic was annexed to that year’s report of the Commission.
At its seventy-fourth session, in 2023, the Commission decided to include the topic in its programme of work and to appoint Mr. Mathias Forteau as Special Rapporteur (chap. X, sect. B of the 2023 ILC report).
At its seventy-fifth session, in 2024, the Commission had before it the first report of the Special Rapporteur, which was preliminary in nature and intended to enable an initial discussion with a view to defining the general direction of the Commission’s work on the topic, its scope, questions to be examined and the form of the final outcome of the work on the topic. No draft provisions were proposed. (chap. VIII of the 2024 ILC report)
At its seventy-sixth session, in 2025, the Commission had before it the second report of the Special Rapporteur (A/CN.4/784). In his report, the Special Rapporteur addressed general elements of the topic, its purpose, the terminology used, the scope of the project, the form of the outcome and the matters to be addressed through a "without prejudice" clause. The report further analysed the distinction between treaties and non-legally binding international agreements based on jurisprudence, practice and doctrine, and the next steps to be addressed in future work. On the basis of the assessment of the relevant materials, the Special Rapporteur proposed six draft conclusions in his second report. Owing to the reduction of the length of the present session, the Commission was unable to consider the second report of the Special Rapporteur in the plenary. The Commission decided to establish a Working Group of the Whole on the topic, chaired by the Special Rapporteur, to allow for a preliminary exchange of views on the second report. The Working Group held one meeting. The Commission took note of the oral report of the Chair of the Working Group on the discussion in the Working Group. (chap. IX of the 2025 ILC report)
Due diligence in international law (Summary | Analytical Guide)
At its seventy-fifth session, in 2024, the Commission included the topic “due diligence in international law” in its long-term programme of work. A syllabus for the topic was annexed to that year’s report of the Commission.
At its seventy-sixth session, in 2025, the Commission decided to include the topic in its programme of work and to appoint Ms. Penelope Ridings as Special Rapporteur (chap. XII, sect. B of the 2025 ILC report).
Compensation for the damage caused by internationally wrongful Acts (Summary | Analytical Guide)
At its seventy-fifth session, in 2024, the Commission included the topic “Compensation for the damage caused by internationally wrongful acts” in its long-term programme of work. A syllabus for the topic was annexed to that year’s report of the Commission.
At its seventy-sixth session, in 2025, the Commission decided to include the topic in its programme of work and to appoint Mr. Mārtiņš Paparinskis as Special Rapporteur (chap. XII, sect. B of the 2025 ILC report).