International Law Commission
The International Law Commission (ILC) was incepted in 1947 by the UN General Assembly for purposes of promoting progressive international law codification and development. Since its inception, it has worked tirelessly in the field meeting annual review issues like the treaty law, high seas law, statelessness and nationality.
The Commission is also mandated with the duty of authoring documents that are central to modern international law with the most modern one been the statute for International Criminal Court.
Numerous attempts to codify international law have been carried out and this is what led to the work/processes that led to formation of the committee. The work was begun by the Resolution of the Assembly of the League of Nations on 22nd September 1924. They established the Committee of Experts for the Progressive Codification of International Law comprised of 17 members with the mandate of making recommendations on the issues to be addressed and steps desirable in international law.
On 11th December 1946, The General Assembly approved resolution 94 which led to the establishment of legal experts who would make recommendations to the United Nations Secretary-General on ways the Assembly could manage to encourage progressive development and codification of international law. On 21st November 1947, the United Nations General assembly passed another resolution 174 which made provisions for creation of ‘International Law Commission’ to fulfill Charter obligations. The resolution was attached to the Commission statute which was defined as:
- Promotion of international law codification
- Solving problems within private and public international law.
The work procedures of for the International Law Commission were also elaborated in articles sixteen to twenty six. The Commission has thirty four members who are elected by the General assembly and they act as individuals and state representatives.
Selection of members
The International La Commission requires that members of the Commission should be people with recognized competence in matters of international law. They should also have practical and doctrinal aspects related to the subject. What is more, of the thirty four members that are part of the Committee there should not be two individuals from the same state. The members are expected to serve for a term of 5 years with re-election possibility.
Work procedures of International Law Commission
There is a statute that regulates the work of the International Law Commission which was approved by the General Assembly initially on 21st November 1947 then amended on 12th December 1950, 3rd December 1955 and 18th November 1981.
The Commission works to codify the principles of international law and a venue for action when it is requested by an inter-governmental organization, government or UN agency to come up with proposals for international conventions on varying issues.
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