Report by Ambassador Dr. Hussein Hassouna on his participation in the International Law Commission during its seventy-first and final session

On 19 March 2019, Ambassador Dr. Hussein Hassouna – ECFA Board Member participated in the United Nations International Law Commission during its seventy-first session, as a number of legal issues related to developing and legalizing the rules of international law were discussed in various fields.

These were the main conclusions of the committee session:

1 – Adoption of a number of articles within a draft agreement for the prevention and punishment of crimes against humanity. The committee recommended that the General Assembly allocates an international conference for commissioners to develop an international agreement in accordance with those draft articles addressing mainly with the definition of these crimes and enhancing international cooperation in terms of their prevention and punishing the perpetrators, based on the gravity of these crimes and posing a threat to international peace and security.

2 – The committee adopted 28 articles from a draft agreement on the protection of the environment in times of armed conflict. The draft includes a reference to the obligations of the occupying state in protecting the environment of the occupied territories, and the obligations of the parties to non-international armed conflicts to protect the environment and not causing any harm to it.

3 – The Commission has also adopted 23 articles on peremptory norms in international law that include a definition of these rules and their basic elements and the extent of their relationship with other rules of international law.

4 – The Commission continued its examination of the immunity of state officials from foreign criminal jurisdiction.

5- The Commission continued to examine the issue of state succession in state responsibility, and what is related to the inheritance of states as a result of unity or separation, and related issues regarding the damage resulting from internationally illegal acts committed against the predecessor state and its nationals.

6 – The Commission has included two other topics in its long-term action program:

(a) Indemnities for individuals on grave violations of the international human rights law and international humanitarian law.

(b) Preventing and suppressing acts of piracy and armed robbery at sea.