Activity reports

Back Activity report of the CAHDI - 2006

In 2006 the Committee of Legal Advisers on Public International Law (CAHDI) held two meetings in order to examine questions of public international law, to exchange and, if appropriate, to co-ordinate the views of member States at the request of the Committee of Ministers, Steering Committees and Ad Hoc Committees and on its own initiative.

The CAHDI continued to operate as a European Observatory of Reservations to International Treaties, to examine outstanding reservations to international treaties concluded within and outside the Council of Europe, and to coordinate the reactions of member States thereto. Moreover, the CAHDI updated a list of possibly problematic reservations to international treaties applicable to the fight against terrorism and the Council of Europe entered into a dialogue with the reserving States.

In 2006, the CAHDI focused on the following areas:

  • current issues in the area of international humanitarian law, namely the 2nd Protocol to the Hague Convention on the Protection of Cultural Property in the Event of Armed conflict and the relationship between human rights law and international law, including international humanitarian law;
  • peaceful settlement of disputes, namely the compulsory jurisdiction of the International Court of Justice (ICJ) and jurisdiction of the ICJ under other agreements, overlapping jurisdiction of international courts and tribunals;
  • outcome document of the 2005 UN World Summit;
  • international developments concerning the fight against terrorism.
  • developments concerning the International Criminal Court;
  • implementation and functioning of the ad hoc criminal tribunals established by United Nations Security Council Resolutions 827 (1993) and 955 (1994);
  • the work of the International Law Commission (ILC);
  • digests of state practice on international law.

In addition, the Committee considered an expert-report on "European Convention on Human Rights, Due Process and United Nations Security Council Counter-Terrorism Sanctions" prepared by Professor Cameron and set up a data-base on the national situation regarding the implementation of UN sanctions and respect for human rights.

The CAHDI also considered the implications of the UN Convention on Jurisdictional Immunities on the European Convention on State Immunity - an informal working party bringing together the Parties was established to make further proposals.

Following the finalisation of its Pilot Project on State Immunities, the CAHDI published the book "State Practice regarding State Immunities" and set up a data base on national developments.

The CAHDI also set up a data base on the Organisation and functions of the Office of the Legal Adviser in the Ministry for Foreign Affairs.

In 2006 the CAHDI held exchanges of views with the President and Prosecutor of the International Criminal Court (ICC), Mr Kirsch and Mr Moreno Ocampo; with the UN Special rapporteur on Terrorism and Human Rights, - Mr Scheinin, and Mr Economides, member of the International Law Commission and with Professor Cameron.

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