The CAHDI is an intergovernmental committee of the Council of Europe bringing together the Legal Advisers of the Ministries of Foreign Affairs of the member States as well as of a significant number of observer States and international organisations. It is working to coordinate States’ activities in the field of public international law.

In 2017, the CAHDI held two meetings: its 53^rd meeting in March (Strasbourg, 23-24 March 2017) and its 54^th meeting in September (Strasbourg, 21-22 September 2017).

At its 54^th meeting, the CAHDI unanimously agreed to the request for participant status to the CAHDI submitted by the “Asian-African Legal Consultative Organisation (AALCO)” and decided to transmit the request to the Committee of Ministers for decision. Subsequently, AALCO was added to the draft terms of reference of the CAHDI for 2018-2019 which were adopted by the Ministers’ Deputies at their 1300^th (Budget) meeting on 21-23 November 2017.

Topical questions of international law

Pursuant to its terms of reference, the CAHDI is instructed to “examine topical questions of public international law”. In 2017, different aspects of immunities of States and international organisations continued to form the core of the topical discussions within the Committee:

• On 20 September 2017, a seminar on “State Immunity under International Law and Current Challenges” organised in the framework of the Czech Chairmanship of the Committee of Ministers of the Council of Europe and on the occasion of the 54^th meeting of the CAHDI took place. The Seminar brought together experts in the field who presented the international legal framework on State Immunity as well as case studies from legal practice from selected jurisdictions.
• The CAHDI continued to discuss the issue of “Settlement of disputes of a private character to which an international organisation is a party”. At the 54^th meeting, the delegation of the Netherlands presented a new document summarising the main trends of the replies already received from the States to questions concerning this topic and further examined the issue in the context of peacekeeping and police operations.

European Observatory of Reservations to International Treaties

Pursuant to its terms of reference, the CAHDI is instructed to “continue its active role as the European Observatory of Reservations to International Treaties”. For this purpose, it regularly considers reservations and declarations to international treaties subject to objection which are identified beforehand by the Public International Law and Treaty Office Division.

In carrying out this examination, the CAHDI makes use of the “dialogue réservataire”, a concept whose emergence can be traced back to the CAHDI and for which the CAHDI has been praised for being predicated on good faith and fostering dialogue and conciliation. This working method not only allows the States which have formulated a problematic reservation to have an opportunity to clarify its scope and effect and, if necessary tone it down or withdraw it, but also the other delegations to understand the rationale behind reservations before formally objecting to them.

Cooperation with the United Nations and international tribunals

Over the year, the CAHDI continued and strengthened its co-operation and collaboration with the United Nations and in particular with the International Law Commission (ILC) and the Sixth Committee of the United Nations General Assembly. In this regard, the CAHDI held exchanges of views with Mr Georg NOLTE, the Chairperson of the ILC. Moreover, the Secretariat of the CAHDI participated in the debates of the Sixth Committee and held an exchange of views with the ILC together with the Chair of the CAHDI. Furthermore, the CAHDI Secretariat prepared Observations concerning the Draft Articles on Crimes against Humanity adopted by the International Law Commission on first reading at its 69^th Session also based on some CAHDI discussions. The Council of Europe was one of the first actors to address the prevention of impunity for crimes against humanity with the adoption in 1974 of its European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes (ETS No. 82). This Convention aims at ensuring that the punishment and prosecution of crimes against humanity and the most serious violations of the laws and customs of war is not prevented by statutory limitations. As it was mentioned by the CAHDI in 2016 this Convention has even been interpreted and understood as constituting evidence of an international custom.

Finally, to pursue the CAHDI’s long lasting and fruitful cooperation developed in the last decades with international tribunals, exchanges of views with Mr Ronny ABRAHAM, the President of the International Court of Justice, and, Mr Guido RAIMONDI, the President of the European Court of Human Rights, took place at the 53^rd meeting.

Cooperation within the Council of Europe

As it is the custom, the Chair of the CAHDI held an exchange of views with the Ministers’ Deputies of the Council of Europe on 14 June 2017. On this occasion, the Chair stressed in particular the contribution of the CAHDI to the activities of the Council of Europe as well as the contribution of the CAHDI beyond the Council of Europe and as a liaison body with other international intergovernmental organisations.

At its 54^th meeting, the CAHDI held an exchange of views concerning the current work related to public international law carried out by the “Council of Europe Steering Committee for Human Rights (CDDH) Drafting Group on the longer-term future of the European Convention on Human Rights (DH-SYSC-II)”. After agreeing on the importance to follow-up on the work of this Drafting Group and to participate in its work, the CAHDI decided to appoint Mr Petr VÁLEK (Czech Republic) to represent the CAHDI in the DH-SYSC-II.

Databases managed by the CAHDI

Pursuant to its terms of reference the CAHDI continued to update and improve its databases which gather the national contributions of member and observer States and organisations on the following topics: “The immunities of States and international organisations”, “The organisation and functions of the Office of the Legal Adviser of the Ministry of Foreign Affairs” and “The implementation of UN sanctions and respect for Human Rights”.

Cases before the European Court of Human Rights involving issues of public international law

At the 53^rd meeting, the Secretariat presented to the CAHDI the revised and updated document on the “Case law of the European Court of Human Rights related to Public International Law” containing those judgments and decisions related to public international law up to 31 December 2016 for which official press releases and legal summaries were available. The compilation in its two linguistic versions will be updated on a regular basis and published on the CAHDI website.