Peremptory Norms of General International Law (Jus Cogens)

Chapter Five Peremptory norms of general international law (jus cogens)

A. Introduction

Forty-six. At its sixty-seventh session, twenty fifteen, the Commission decided to include the topic "Jus cogens" in its programme of work and appointed Mr. Dire Tladi as Special Rapporteur for the topic. The General Assembly subsequently, in its resolution seven zero two three six of twenty-three December twenty fifteen, took note of the decision of the Commission to include the topic in its programme of work.

Forty-seven. The Special Rapporteur submitted three reports from twenty sixteen to twenty eighteen, which the Commission considered at its sixty-eighth to seventieth sessions, respectively. Following the debates on those reports, the Commission decided to refer the draft conclusions contained in those reports to the Drafting Committee. The Commission heard interim reports from the Chairpersons of the Drafting Committee on peremptory norms of general international law (jus cogens) containing the draft conclusions provisionally adopted by the Drafting Committee at the sixty-eighth to seventieth sessions, respectively.

Forty-eight. At its sixty-ninth session, twenty seventeen, following a proposal by the Special Rapporteur in his second report, the Commission decided to change the title of the topic from "Jus cogens" to "Peremptory norms of general international law (jus cogens)".

B. Consideration of the topic at the present session

Forty-nine. At the present session, the Commission had before it the fourth report of the Special Rapporteur. The fourth report discussed the previous consideration of the topic in the Commission and the Sixth Committee of the General Assembly. It also addressed the questions of regional jus cogens and the inclusion of an illustrative list of peremptory norms of general international (jus cogens) in the draft conclusions. On the basis of his analysis, the Special Rapporteur proposed one draft conclusion containing a non-exhaustive list of peremptory norms of general international law (jus cogens).

Fifty. The Commission considered the fourth report at its three four five nineth to three four six third, and three four six fifth meetings, from eight to ten May, and from fourteen to sixteen May twenty nineteen.

Fifty-one. At its three four six fifth meeting, on sixteen May twenty nineteen, the Commission referred draft conclusion twenty-four, as contained in the Special Rapporteur's fourth report, to the Drafting Committee on the understanding that the list contained in the draft conclusion would be moved to an annex and that it would be limited to those peremptory norms of general international law (jus cogens) that the Commission had previously referred to.

Fifty-two. The Commission considered the report of the Drafting Committee at its three four seven second meeting, held on thirty-one May twenty nineteen, and adopted the draft conclusions on peremptory norms of general international law (jus cogens) on first reading.

Fifty-three. At its three four nine ninth to three five zero fourth meetings, from five to seven August twenty nineteen, the Commission adopted the commentaries to the aforementioned draft conclusions.

Fifty-four. At its three five zero fourth meeting, on seven August twenty nineteen, the Commission decided, in accordance with articles sixteen to twenty-one of its statute, to transmit the draft conclusions, through the Secretary-General, to Governments for comments and observations, with the request that such comments and observations be submitted to the Secretary-General by one December twenty twenty.

Fifty-five. At its three five zero fourth meeting, on seven August twenty nineteen, the Commission further expressed its deep appreciation for the outstanding contribution of the Special Rapporteur, Mr. Dire Tladi, which had enabled the Commission to bring to a successful conclusion its first reading of the draft conclusions on peremptory norms of general international law (jus cogens).

C. Text of the draft conclusions on peremptory norms of general international law (jus cogens), adopted by the Commission on first reading