2019년 제71차 회기 유엔 국제법위원회 작업현황과 제74차 유엔총회 제6위원회 논의 결과

Abstract

The International Law Commission (ILC or Commission) at its 71st session on 2019 did various works as follows. With regard to the topic “Crimes against humanity”, the Commission adopted, on the second reading, the entire set of draft articles on prevention and punishment of crimes against humanity, comprising a draft preamble, 15 draft articles and a draft annex, together with commentaries thereto. The Commission recommended to the General Assembly the elaboration of a convention on prevention and punishment of crimes against humanity by the General Assembly or by an international conference of plenipotentiaries on the basis of the draft articles. With respect to the topic “Peremptory norms of general international law (jus cogens)”, the Commission adopted, on the first reading, 23 draft conclusions and a draft annex, together with commentaries thereto. With respect to the topic “Protection of the environment in relation to armed conflicts”, the Commission adopted, on first reading, 28 draft principles, together with commentaries thereto. Governments, international organizations and others relevant entities are requested to submit comments and observations by 1 December 2020. The Commission continued to work on the topics on “Succession of States in respect of State responsibility” and “Immunity of State officials from foreign criminal jurisdiction”. As a new topic, the Commission started its consideration on “General principles of law” and “Sea-level rise in relation to international law”. The latter will be discussed by the Study Group chaired by five members. The author considers it is important to pay more attention to the following five points in light of the reactions to the 74th session of the United Nations General Assembly, which reviewed the work of the ILC. First, when and how will the 2nd reading draft articles on “Crimes against humanity” be adopted as an international convention? Secondly, the first reading draft on “Peremptory norms of general international law (jus cogens)” received more attention from the Member States than the first reading draft on “Protection of the environment in relation to armed conflicts”. Attention should be paid to its draft conclusion 16, which deals with the legal effects of the decision adopted by the United Nations Security Council which conflicts with jus cogens. Thirdly, attention should be also paid to the topics on “Protection of the atmosphere” and “Provisional application of the treaties” of which the 2nd reading drafts will be adopted in 2020. Fourth, there was a lot of disagreement between Member States regarding the two topics presented as a long-term work program to the United Nations General Assembly this year. The Korean government has also expressed its own position on these two topics. Fifth and lastly, we should be aware that the concerns of Member States regarding the change of working methods of the ILC have been expressed.