Activity reports

Back Activity report of the CAHDI - 2011

In 2011, the Committee of Legal Advisers on Public International Law (CAHDI) continued its efforts towards the consolidation and promotion of international co-operation in the field of public international law.

The Committee held two meetings in order to examine topical 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 on its own initiative (respectively the 41st meeting in Strasbourg on 17-18 March 2011 and the 42nd meeting in Strasbourg on 22-23 September 2011).

Most relevant, the CAHDI prepared opinions for the attention of the Committee of Ministers, the Secretary General and the Steering Committee for Human Rights (CDDH). During its 41st meeting and at the request of the Committee of Ministers of 2 March 2011, the CAHDI conducted discussions on the draft Council of Europe Convention on preventing and combating violence against women and domestic violence and presented the results of these discussions to the Committee of Ministers, which adopted – at its 1111th meeting (6-7 April 2011) – the Council of Europe Convention preventing and combating violence against women and domestic violence. Furthermore, at its 42nd meeting, the CAHDI held an exchange of views on the Preliminary Draft Report of the Secretary General on the Outline of Council of Europe Convention review, which was forwarded to the Secretary General. Finally, at the same meeting and at the request of the CDDH, the CAHDI examined the possibility of introducing a simplified procedure for the amendment of certain provisions of the European Convention on Human Rights and adopted an opinion on this matter.

In its capacity as the European Observatory of Reservations to International Treaties, the CAHDI continued to examine outstanding reservations to international treaties concluded within and outside the Council of Europe, co-coordinated the reactions of member States thereto, and listed the objections to the aforesaid reservations.

The CAHDI also continued to develop its databases on:

  • State Practice regarding State Immunities;
  • Implementation of UN Sanctions and respect for Human Rights;
  • Organisation and functions of the Office of the Legal Adviser (OLA) in the Ministry for Foreign Affairs;
  • Digests on national practice in the field of public international law.

As for the issue of State Practice and case-law regarding State Immunities, the CAHDI followed closely the state of signatures and ratifications to the UN Convention on Jurisdictional Immunities of States and their Property. The Committee also launched a discussion on the existing practice of Legal Advisers to follow cases pending in national tribunals that concern States' or international organisations' immunities and their possibilities, under domestic legislation and practice, to present public international law issues in such proceedings.

As for the issue of the Implementation of UN Sanctions and respect for Human Rights, Ms Kimberly PROST, Ombudsperson at the UN Security Council Committee created by Resolution 1267 (1999) concerning Al-Qaida and the Taliban, was invited to the 41st meeting of the CAHDI, where she held an exchange of views with the members of the Committee. Furthermore, the CAHDI pursued its discussions on cases that have been eventually submitted to national tribunals by persons or entities removed from the lists established by the UN Security Council Sanctions Committees.

In 2011, the CAHDI followed closely the issue of the European Union's accession to the European Convention on Human Rights. In this regard, Mr Jean-Claude BONICHOT, Judge at the Court of Justice of the European Union was invited to the 41st meeting of the CAHDI, where he held an exchange of views with the members of the Committee on this issue. Furthermore, Mr Erik WENNERSTRÖM (Sweden), observer of the CAHDI to the Informal Working Group on the Accession of the European Union to the European Convention on Human Rights (CDDH – UE) informed the Committee of the progress in the work of the CDDH – UE during its 41st and the 42nd meetings.

Regarding general issues of public international law, the CAHDI welcomed Mr Stephen MATHIAS, Assistant Secretary-General for Legal Affairs of the United Nations at its 42nd meeting, where he held an exchange of views with the members of the CAHDI with regard, inter alia, to the concept of the "responsibility to protect", the UN-established and UN-backed international criminal courts and tribunals, as well as the "fair and clear procedures" for the United Nations sanctions regimes.

Regarding the consideration of current issues of international humanitarian law, Mr Maurizio MORENO, President of the International Institute of Humanitarian Law presented the work of the Institute to the CAHDI at its 42nd meeting, and held an exchange of views with its members on this matter.

The CAHDI also considered topical issues of international law, and in this regard, proceeded with an exchange of views with Mr Hans Van LOON, Secretary General of the Hague Conference on Private International Law during its 41st meeting.

Furthermore, on the basis of contributions from delegations, the CAHDI continued in 2011 to consider, inter alia, the following matters:

  • Cases brought before the European Court of Human Rights involving issues of public international law;
  • Peaceful settlement of dispute and International Court of Justice's jurisdiction under selected international treaties;
  • Developments concerning the International Criminal Court (ICC);
  • Implementation and functioning of other international criminal tribunals (ICTY, ICTR, Sierra Leone, Lebanon, Cambodia);
  • Work undertaken in the Council of Europe and other international bodies in the area of the fight against terrorism.

2011 has also been marked by intensive contacts with other international entities, notably with the UN International Law Commission (ILC). In addition to the longstanding annual exchange of views between the ILC, the Chair of the CAHDI and the Jurisconsult of the Council of Europe (Geneva, 8 July 2011), Ms Concepción ESCOBAR HERNÁNDEZ (Spain), Vice-Chair of the CAHDI and member of the ILC, presented the recent activities of the ILC during the 42nd meeting of the Committee.

Finally, pursuant to the statutory regulation, at its 42nd meeting, the CAHDI re-elected Ms. Edwige BELLIARD (France) and Ms. Concepción ESCOBAR HERNÁNDEZ (Spain), as respectively Chair and Vice-Chair of the Committee, for one year, with effect from 1 January 2012

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