The Long-Term Programme of Work of the ILC, Including Comments on the Rule of Law

UN GENERAL ASSEMBLY, SIXTH COMMITTEE (LXVIII Session), DEBATE ON THE REPORT OF THE INTERNATIONAL LAW COMMISSION ON THE WORK OF ITS SIXTY-FIFTH SESSION (UN Doc. A/68/10), 29 OCTOBER 2013.

On 29 October 2013, before the Sixth Committee of the United Nations General Assembly, Min. Plenipotentiary Andrea Tiriticco, Director for Legal Affairs of the Ministry for Foreign Affairs, expressed some remarks on the long-term programme of work of the International Law Commission, with reference inter alia to the topic of the Rule of Law. He stated:

My final remarks relate to the programme of work of the Commission and to the rule of law at the national and international levels. While we note that the work of the “Protection of the environment in relation to armed conflicts” has started under the guidance of the Special Rapporteur, Ms. Marie Jacobsson, we note that also the topic “Protection of the atmosphere” was included in the Commission’s programme of work and look forward to see the developments. We share the view, expressed in the ILC report, that the work on this latter topic should be limited within the defined limits and would not interfere with ongoing political negotiations or existing treaty regimes on the subject-matter concerned; and that its outcome should be that of draft guidelines rather than legally binding norms. Moreover, with regard to the inclusion of the topic “Crimes Against Humanity” in the long-term programme of work of the Commission, we look forward to the future discussions. In this respect, the paper prepared by Professor Sean Murphy and annexed to the report represents a solid basis for the future consideration of the topic and its various aspects. Finally, Italy also greatly appreciates the relevance given in the ILC report to G.A. resolution 67/97 on the rule of law at the national and international levels, to the High Level declaration, and to the role that the Commission is called to play in promoting the rule of law. As the report rightly points out, implementing the rule of law constitutes the essence of the Commission, and of its work for the progressive development and codification of international law.

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