Statement of the Permanent Mission of the Dominican Republic to the United Nations on behalf of the Community of Latin American and Carribean States, CELAC
24 October
Mr. Chairman,
I have the honor to speak on behalf of the Community of Latin American and Caribbean States, CELAC.
I should first like to recall that in CELAC’s fourth Presidential Summit, which took place in Quito, Ecuador in January 2016, our Community reiterated, inter alia, its firm commitment with the principles of international law. CELAC would therefore like to acknowledge the leading role played by the International Law Commission in the progressive development of international law and its codification. Indeed, a number of the most important multilateral treaties have derived from the Commission’s successful work on different topics, and even draft documents of the ILC, or parts of it, are often referred to in the judgments of the International Court of Justice, which clearly illustrates that the work of the Commission may influence that of the Court, the principal judicial organ of the United Nations.
That said, allow us to also acknowledge the Commission’s role in promoting the rule of law through its work on a number of particular topics. In this regard, the Report of the International Law Commission on the work of its sixty-eigth session (document A/71/10) states that the Commission is aware of the interrelationship between the rule of law and the three pillars of the United Nations, without emphasizing one at the expense of the other. In this regard, the Report also mentions the linkages with the 2030 Agenda for Sustainable Development.
As set out in Article 1 of its Statute, the object of the International Law Commission is the promotion of the progressive development of international law and its codification. This mandate, which is also that of the Sixth Committee, stems from Article 13, paragraph 1 a), of the United Nations Charter. Consequently, while renewing its commitment to international law and to the International Law Commission, CELAC encourages a fruitful exchange of views in the following days, as well as discussions between the members of the Sixth Committee, as a body of governmental representatives, and the members of the Commission, as a body of independent legal experts, in order to enhance further their contribution to the progressive development and codification of international law. This includes to keep under review those topics of international law which, given their new or renewed interest for the international community, may be included in the future programme of work of the ILC, which is particularly relevant in this end of quinquennium.
Mr. Chairman,
In fulfilling its functions, the International Law Commission requires Governments to furnish documents relevant to the topic being studied, including text of laws, decrees, judicial decisions, treaties, diplomatic correspondence, and doctrine. Hence, the contribution of Member States is critical. Similarly, the contribution of international, regional and sub-regional courts and tribunals, and academic institutions, is also key in this process. CELAC hence highlights the need for all Member States to continue providing strong support to the work of the Commission.
In this regard, there is a need to take into account the difficulties faced by many States and their legal departments to provide the required information, hence the need for the circulation of the report with sufficient time for its consideration. We wish to emphasize that this is explained by the asymmetries in resources among teams of international lawyers in different countries, and not by lack of interest. In order to increase the legitimacy in the progressive development and codification of international law, it is extremely important that we do our utmost to ensure that all States effectively participate in our discussions.
While the Commission continues to hold its sessions at the European Office of the United Nations at Geneva, CELAC reiterates its call to hold half of the ILC sessions in the United Nations Headquarters in New York. The positive impact of such simple measure would be remarkable: Sixth Committee delegates could attend the deliberations as observers, and this would foster an early engagement in the topics, including by our capitals, even before the ILC Report is circulated.
In this regard, CELAC countries welcome the Commission’s recommendation contained in paragraph 326 to hold the first part of its seventieth session (2018) in New York. We believe indeed that interaction between the Sixth Committee and the ILC is essential and that bringing the ILC closer to Sixth Committee delegates during part of its sessions would contribute to our own engagement with their work. This would also have a positive impact on the quality of the interaction with capitals, when Member States formulate comments and observations in written form to the ILC. In connection to this, CELAC welcomes the initiative of some delegations to hold informal discussions between the members of the Sixth Committee and the members of the Commission throughout the year.
Mr. Chairman:
CELAC welcomes the work accomplished by the International Law Commission in its last session and notes in particular the completion of the second reading of the draft articles on the protection of persons in the event of disasters, presented by special rapporteur Eduardo Valencia Ospina. Similarly, we note the completion of the first reading of the draft conclusions on “identification of customary international law”, and the completion of the draft conclusions on “subsequent agreements and subsequent practice in relation to the interpretation of treaties”. On the two latter topics, we reaffirm the importance of submitting comments and observations by 1 January 2018.
On the other hand, we note that the ILC Report, in Chapter III, considers as still relevant its requests for information on the topics: “Crimes against Humanity”, the “Protection of the Atmosphere”, “Provisional application of treaties”, and “Jus cogens”. It further indicates a list of specific issues concerning “Immunity of State officials from foreign criminal jurisdiction” on which comments from Member States would be of particular interest of the ILC. Concerning all these requests, we also reaffirm the importance of submitting views by 31 January 2017.
In this regard, it is to be recalled that upon a request by CELAC that questionnaires prepared by Special Rapporteurs should focus on the main aspects of the topic under study, the General Assembly adopted its resolution 67/92, whereby it drew the attention
of Governments, inter alia, to the importance of having their views on all the specific issues identified in the Report.
In the same vein, we note the inclusion of the topics “The settlement of international disputes to which international organizations are parties” and “Succession of States in respect of State responsibility” in the long-term programme of work of the Commission, as well as the recommendation by the ILC that the potential topics identified in the memorandum by the Secretariat be further considered by the Working Group on the Long-term Programme of Work at the sixty-ninth session of the Commission.
Mr. Chairman,
CELAC welcomes voluntary contributions to the Trust Fund for Participation in the International Law Seminar of the Commission, and invites States to consider making additional contributions. In this regard, the International Law Seminar enables young international lawyers or university teachers specialized in international law, especially from developing countries, to familiarize themselves with the work of the Commission. In the same vein, participation in the International Law Seminar from legal advisers from all regions can indeed contribute significantly to the work of the Sixth Committee and the ILC.
While recognizing and appreciating the efforts made in recent years, CELAC is of the opinion that more can be done to improve cooperation and dialogue between the Commission and Member States. It is regrettable, for example, that due to budgetary constraints not all special rapporteurs dealing with topics under discussion can come to New York to interact with Sixth Committee delegates. Their participation is essential to the effectiveness of "thematic debates" in the Sixth Committee, given its informal nature. This should always be scheduled at a date close to the meeting of Legal Advisers, and should not overlap with other relevant meetings of the General Assembly that could prevent their attendance.
The productivity of the ILC must be matched by adequate funding so that documents that are of great relevance to the progressive development and codification of international law have the necessary publicity. We therefore cannot accept that periodic publications by the Codification Division of the Office of Legal Affairs may be in perilous situation due to financial reasons. CELAC reaffirms its support to the continuation of the legal publications prepared by the Codification Division (as referred to in paragraph 335 of the Report), in particular The Work of the International Law Commission, in the various official languages. We welcome the dissemination activities carried out by the Codification Division and the Division of Conference Management. We also welcome voluntary contributions to the Trust Fund to eliminate the backlog in the publication of the Yearbook of the International Law Commission, invite States to consider making additional contributions, and in this regard welcome the measures adopted to streamline the editing of the Commission’s documents (para. 337 of the Report)
Before ending, CELAC would like to express its appreciation to the Commission’s recommendation to hold an event to celebrate the seventieth anniversary of the ILC in 2018, during its meetings in New York and Geneva.
Mr. Chairman:
In conclusion, we commend the significant progress in the work product of the International Law Commission and we must continue to improve its relations with the Sixth Committee, so that the General Assembly can better process and utilize the invaluable work of the Commission. The Community of Latin American and Caribbean States reiterates its firm commitment to contributing to this process and to working towards our common goal of progressively developing and codifying international law.
Thank you, Mr. Chairman.