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Between mental states and institutional objects
Sufyan Droubi

and crucial role: the ‘true’ mental state – true belief, true will – of the State making a statement is irrelevant – ‘if other States acquiesce, a new rule of customary law comes into being’. 81 (The important role of acquiescence had already been affirmed by many authors, 82 and recently also by the International Law Commission, notably on the importance of ascertaining States’ reaction to the practice of international organisations. 83 ) Hence, in ascertaining opinio juris , this third approach de-emphasises the importance of the ‘true’ or ‘subjective

in International organisations, non-State actors, and the formation of customary international law
Abstract only
Hilary Charlesworth
and
Christine Chinkin

little voice in the international law-making bodies. For example, there has never been a woman on the thirty-four-member International Law Commission (ILC) which has the responsibility for the codification and progressive development of international law under the UN Charter. 10 The ILC’s work requires both detailed analysis of existing law and the recommendation of future trends within draft texts

in The boundaries of international law
Filippa Sofia Braarud

jurisdiction over the application and interpretation of the UNCLOS. In determining the avenues for protecting the CHM, it ought to be clear at the outset that by invoking erga omnes obligations, one does not alter the regime that traditionally gives rise to international responsibility. In the International Law Commission’s Draft Articles on the Responsibility of States for Internationally Wrongful Acts (ASR

in The Sea and International Relations
Kelly-Kate Pease

complaint out of the media, which is a major incentive for states. International human rights and humanitarian lawyers advise and serve as IGO officials. They are important parts of IGO staff and act as special rapporteurs and serve on independent commissions of inquiry. They engage in a form of committee diplomacy when they participate in charter and treaty monitoring bodies. Recall that many of these bodies investigate complaints and formulate general comments and recommendations. Within the UN system, lawyers also comprise the International Law Commission

in Human rights and humanitarian diplomacy
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Christine Byron

sufficient resources. 4 However, the momentum towards the formation of a permanent ICC, created in the wake of the International Military Tribunals, was soon mired in Cold War politics. The International Law Commission’s Draft Code of Offences was given priority over the creation of an international jurisdiction to deal with such crimes and the Draft Code could not be considered until aggression was defined, so the question of an international criminal court was postponed indefinitely. 5 The issue was lost in silence as the years went by and only

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
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Nigel D. White

responsible when it commits an internationally wrongful act in breach of those obligations. The complexity arises in determining when an IGO has itself breached international law as opposed to states or other actors who may claim to be acting on behalf of the organisation. This chapter considers the development of secondary rules of international law to cover the wrongful acts and omissions of IGOs. It analyses the Articles on Responsibility of International Organisations (ARIO) developed by the International Law Commission (ILC). The chapter focuses in particular on the

in The law of international organisations (third edition)
Hilary Charlesworth
and
Christine Chinkin

legal account of gender remains contentious, however. In its Draft Articles on Crimes against Humanity, issued in 2017, the International Law Commission (ILC) initially simply repeated the Rome Statute’s definition of gender. 107 This caused an outcry. Belgium, for example, commented that ‘[a]ny text whose definition of gender fails to reflect the current state of international human rights law could

in The boundaries of international law
Taking the role of non-governmental organisations in customary international lawmaking seriously
Valentina Azarova

them as informal arbiters of the international legality of State and other actors’ actions. 2 It is no overstatement that non-governmental organisations have acted as de facto adjudicators and enforcers of international norms in the international and domestic arenas, both instigating respect for the law and progressing its development. The role of non-governmental organisations in the making of customary international law is, according to the International Law Commission, limited to their ability to ‘stimulate and record’ the acceptance by States and

in International organisations, non-State actors, and the formation of customary international law

, Yearbook of the International Law Commission , 2001, Vol. II, Part 2, 31. Arts 4–5 are particularly relevant to warships and arts 8 and 11 to merchant ships. 19 On such protection, see ILC, Draft Articles on Diplomatic Protection, art. 18, Yearbook of the International Law Commission , 2006, Vol. II, Part 2, 23

in The law of the sea
Ion Diaconu

by other human rights treaty bodies. The activity of codification of international law, undertaken by the International Law Commission, is also relevant; for instance, the draft articles adopted by the Commission in 2007 on diplomatic protection (recommended to the States by the resolution of the General Assembly no. 62/​67 of 6 December 2007), connecting diplomatic protection with State responsibility, is clarifying some aspects concerning the protection of human rights; similarly, the Guide concerning reservations to multilateral treaties, submitted to the

in Fifty years of the International Convention on the Elimination of All Forms of Racial Discrimination