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Report of the International Law Commission on its Sixty-Ninth Session

Statement by the Permanent Mission of the El Salvador to the United Nations  On behalf of the Community of Latin American and Caribbean States (CELAC)

October 23

Mr. President:

I have the honor to speak on behalf of the 33 Member States of the Community of Latin American and Caribbean States (CELAC).

The Member States of CELAC wish to reiterate our appreciation of the importance of the work of the International Law Commission in the progressive development and codification of the international legal order. For more than 60 years, the Commission has derived a number of instruments on various topics of international law, from the initial drafting of the Nuremberg principles to the current development of draft articles on crimes against humanity and other relevant issues in the framework of general international law.

In particular, we wish to thank the report of the International Law Commission for its sixty-ninth session (A / 72/10) and note with satisfaction the decision taken by the Commission to hold its seventy session in the cities of New York and Geneva. Certainly, the sessions to be held in New York-from 30 April to 1 June 2018-will provide an opportunity to strengthen the interaction between the Sixth Committee and the International Law Commission.

In this regard, CELAC encourages the exchange of views and discussions between the members of the Sixth Committee as a body composed of government representatives; and members of the International Law Commission, as a body of independent legal experts; so we welcome this initiative and support its continuation as part of the future work.


Mr. President,

CELAC welcomes the work done by the Commission during its last session and takes note of the draft articles adopted under the following themes: 1)  Crimes against Humanity, at first reading, the fifteen draft articles, their respective annexes and preambular paragraphs, including the recognition attributed to the prohibition of Crimes against Humanity as a peremptory norm of general international law; (2) With regard to " Immunity of State officials from foreign criminal jurisdiction ", the Commission adopted the draft list of crimes in respect of which immunity ratione materiae is not applicable; and (3) " Succession of States in respect of State responsibility" the Commission examined the first report submitted by the rapporteur on this subject and articles 1 and 2 contained in that report were provisionally adopted.

We also acknowledge the efforts made in the adoption of the draft guidelines reflecting the progressive development of important themes, such as: (1) Provisional application of treaties; 2) Protection of the atmosphere, in which a prior informal dialogue was held with scientists competent in this area; and (3) the adoption of draft conclusions number two and from the fourth to seventh, relating to the peremptory norms of general international law (jus cogens).

Mr. President,

CELAC recognizes the need for Member States to continue to support the work of the Commission. In this regard, we take note of the specific issues identified in the report and which require information from the Governments, in order to have documentation of national legislation, judicial decisions, treaties, doctrine and diplomatic correspondence necessary to deepen the analysis of such topics; and we therefore invite States to cooperate in order to facilitate the required issues and thus provide a better input for the work of the Commission.

Finally, we express our satisfaction regarding the incorporation of the new topics referred to the General Principles of Law and the Proceedings before Courts and International Tribunals.

Mr. President,

In conclusion, we commend the significant progress made in the work of the International Law Commission and we invite to the Commission to continue improving relations with the Sixth Committee so that the General Assembly can process and use the invaluable work that results from these debates. The Community of Latin American and Caribbean States reaffirms its firm commitment to support this process and to work towards our common goal of contributing to the development and progressive codification of international law.

Thank you very much,


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