International Law Commission - Working Procedures of The ILC

Working Procedures of The ILC

The work of the Commission is regulated by its statute, which was initially approved by the General Assembly on November 21, 1947 and amended on December 12, 1950, December 3, 1955 and November 18, 1981.

It consists of 34 members (originally there were 15) who all must be experts on international law, elected to the position by the General Assembly from a list of candidates nominated by governments of member states in the UN.

One venue of action for the commission in the codification of principles of international law is when requested to do so by the General Assembly. In that case, the commission appoints one of its members as Special Rapporteur on that subject and prepares a plan of work regarding the issue in question. Governments are requested to submit to the commission their written opinions on the issue in question, as specified in the plan of work. The rapporteur then writes a report of his or her recommendations on the subject under discussion and the report must be approved by the rest of the commission as well as by the UN Secretary-General before it becomes an official commission document. The commission then reconsiders the report after receiving additional written opinions from governments, and the report is being submitted to the General Assembly for approval.

Another venue of action is when the commission is requested either by a government, an inter-governmental organization or a UN agency to draft proposals for international conventions on various issues. In that case, the commission formulates a plan of work and receives written opinions from governments on the issue in question. The final draft is also submitted to the General Assembly.

The commission also works independently of external requests by its regular work of considering questions of international law. Also in these cases, all recommendations for actions are submitted to the General Assembly for final approval. The commission's independent deliberations usually take place in its annual sessions.

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