Exchange of views with Prof. Chiara Giorgetti, University of Richmond: Register of Damage Caused by the Aggression of the Russian Federation Against Ukraine and a future Claims Commission.

Prof. Giorgetti's presentation is available at the following link.

Presentation and discussion on “Compensation for the damage caused by internationally wrongful acts” with Mr Mārtiņš Paparinskis, member of the ILC.

Mr Mārtiņš Paparinskis presentation is available at the following link.

Exchange of views with Mr Marcelo Vázquez-Bermúdez, Chair of the ILC.

Mr Marcelo Vázquez-Bermúdez presentation is available at the following link.

- Exchange of views with Ms Christina L Beharry, Partner, Foley Hoag.

The presentation of Ms Christina L Beharry is available at the following link.

- Exchange of views with Prof. Martins Paparinskis, Member of the International Law Commission/University College London”.

The presentation of Prof. Martins Paparinskis is available at the following link.

- Exchange of views with Prof. Veronika Fikfak, Co-Director of University College London Institute for Human Rights.

The presentation of Prof. Veronika Fikfak is available at the following link.

- Exchange of views with Ms Patricia Galvao Teles, Chair of the International Law Commission. The presentation of Ms Patricia Galvao Teles is available at the following link.

- Exchange of views with Ms Nilüfer Oral and Mr Bogdan Aurescu, Members of the International Law Commission, Co-Chairs of the Study Group on “Sea-level rise in relation to international law”.

The presentation of Mr Bogdan Aurescu is available at the following link.

- Exchange of views with Ms Silvia Fernández de Gurmendi, Chair of the Diplomatic Conference for the Adoption of a Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes and other International Crimes (15-26 May 2023, Ljubljana/Slovenia) and President of the Assembly of State Parties to the Rome Statute of the ICC.

The presentation of Ms Silvia Fernández de Gurmendi is available at the following link.

The presentation of Professor Dapo AKANDE is available at the following link.

The presentation of President Joan E. DONOGHUE is available at the following link.

The presentation of Mr Mahmoud D. Hmoud is available at the following link.

Information documents:

• Key Documents OSCE Court of Conciliation and Arbitration
• List of Appointed Members OSCE Court of Conciliation and Arbitration
• Fact Sheet OSCE Court of Conciliatin and Arbitration

The presentation of President Emmanuel DECAUX is available at the following link.

The presentation of Vice-President Erkki KOURULA is available at the following link.

Exchange of views with Mr Peter LEWIS, Registrar of the International Criminal Court

The presentation of Mr Peter LEWIS is available at the following link.

Exchange of views with Judge Robert SPANO, President of the European Court of Human Rights

The presentation of President Robert SPANO is available at the following link.

Sir Michael Wood, member of the United Nations International Law Commission (ILC) and former Chair of the CAHDI, together with Mr Andrew Sanger, Lecturer of the Faculty of Law of the University of Cambridge, prepared an analytical report on legislation and practice of member States of the Council of Europe and other States and international organisations participating in the CAHDI concerning “Immunities of Special Missions”, including the main trends arising from the replies to the questionnaire prepared by the CAHDI on this matter. The analytical report prepared by Sir Michael Wood and Mr Andrew Sanger was submitted to the Brill-Nijhoff Publishers and has become a book, similarly to previous CAHDI publications.

The full version of the presentation of this new CAHDI publication delivered by Sir Michael Wood and Mr Andrew Sanger is available at the following link.

Mr Pavel Šturma provided the CAHDI experts with an overview of the Report of the 71st session (2019) of the International Law Commission. In this respect, he reviewed the different topics under consideration by the ILC, as well as their respective progress, in particular concerning the "Peremptory norms of general international law (jus cogens)”, the “Protection of the environment in relation to armed conflicts”, the “Succession of States in respect of State responsibility”, the “Immunity of State officials from foreign criminal jurisdiction”, the “General principles of law”; and “Sea-level rise in relation to international law”.

he full version of the presentation of Mr Pavel Šturma is available at the following link (in English only).

The President of the Special Tribunal for Lebanon (STL), Judge Ivana Hrdličková, provided the CAHDI experts with an overview of the role and functioning of the STL, as well as the main challenges faced by it. In her presentation, Judge Hrdličková recalled the historical background in which this Tribunal was set up, as well as its main features and competences, before turning to the cases before the STL in more detail. Furthermore, Judge Hrdličková pointed out the current challenges faced by the international criminal justice.

The full version of the presentation delivered by of Judge Ivana Hrdličková is available at the following link.

Ambassador Ruffer provided the CAHDI with an overview of the role and work of the Committee of Ministers’ Rapporteur Groups, in particular the one on Legal Co-operation (GR-J), which he chairs. He further presented the interaction between the work of the CAHDI and the GR-J, which reviews the draft terms of reference of the CAHD and examines the legal opinions prepared by the CAHDI to inform the reply of the Committee of Ministers to Recommendations adopted by the Parliamentary Assembly of the Council of Europe. Ambassador Ruffer recalled important previous contributions of the CAHDI to the work of the Council of Europe in the field of public international law, such as the CAHDI’s contribution to the 2017 review of the 1980 “Model Final Clauses for Conventions, Additional Protocols and Amending Protocols concluded within the Council of Europe” and the legal opinions provided by the CAHDI during the negotiations of Protocol No.14 bis (CETS No.204) to the ECHR as well as at the final stage of the negotiation of the Istanbul Convention (CETS No.210), in 2011. Finally, Ambassador Ruffer reported on current activities of the GR-J which may be of interest for the CAHDI, on topics like the administrative detention of migrants and the review of certain European Prison Rules from 2006. Future work of the GR-J, planned for 2020, includes a feasibility study on a possible Convention on the profession of lawyer, and a second additional protocol to the Council of Europe Convention on Cybercrime (ETS No.185).

Mr Pavel Šturma provided the CAHDI experts with an overview on the Report on the 70^th session (2018) of the International Law Commission. In this respect, he reviewed the different topics of work of the ILC as well as their respective progress, in particular concerning the "Subsequent agreements and subsequent practice in relation to the interpretation of treaties", the “Identification of customary international law”, the “Protection of the atmosphere”, the “Provisional application of treaties”, the “Peremptory norms of general international law (jus cogens)”, the “Protection of the environment in relation to armed conflicts”, the “Succession of States in respect of State responsibility” and the debate on the sixth report on “Immunity of State officials from foreign criminal jurisdiction”

The full version of the presentation of Mr Pavel Šturma is available at the following link (in English only).

Mr. Stephen Mathias provided the CAHDI with an overview of current issues being addressed by the UN Office of Legal Affairs. Mr. Mathias addressed the need, when establishing international criminal tribunals, to consider issues such as residual functions, long-term costs, and governance. He also addressed the recently created mechanisms for the collection of evidence, and drew attention to the UN policy that UN investigative mechanisms mandated to share information with national courts and tribunals should do so only with jurisdictions that respect international human rights law, and only for use in criminal proceedings in which capital punishment will not be imposed or carried out. Mr. Mathias elaborated on challenges related to the “protection of civilians” in UN peacekeeping operations; requests by the General Assembly for advisory opinions of the International Court of Justice; and the UN System’s approach to the European Union’s General Data Protection Regulation.

Finally he made a reference to the United Nations Conference on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.

The Chairperson of the International Law Commission (ILC), Mr Georg Nolte, gave the CAHDI an overview of the recent activities of the ILC and the topics discussed during the ILC’s 69^th Session in Geneva this year.  His presentation touched on topical issues related to crimes against humanity, the protection of the atmosphere, immunity of state officials from foreign criminal jurisdiction, the provisional application of treaties, peremtory norms of general international la (jus cogens), the succession of states in respect of state responsibility, the protection of the environment in relation to armed conflicts, general principles of law and evidence before international courts and tribunals.

The full version of the presentation of Mr Georg Nolte is available at the following (link).

The President of the International Court of Justice (ICJ), Mr Ronny Abraham, provided the CAHDI with an overview of selected challenges currently being faced by the ICJ.  In his presentation Mr Abraham underlined that during 2016 the ICJ experienced a high level of judicial activity and he observed that most of these cases relate to preliminary objections concerning either jurisdiction or admissibility of certain claims. Furthermore he focused on the essential question of the jurisdiction of the ICJ and noted that jurisdiction would be less frequently based on declarations recognising the jurisdiction of the ICJ as compulsory pursuant to Article 36 of the ICJ Statute than on jurisdictional clauses, so-called compromissory clauses, contained in multilateral treaties concerning a specific subject matter.

Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, Mr Miguel de Serpa Soares, provided the CAHDI with an overview of selected issues currently being dealt with by the United Nations Office of Legal Affairs. In his presentation, the Legal Counsel Mr Serpa Soares focused on the topic of accountability in South Sudan, the issue of sexual exploitation and abuse in the context of peacekeeping operations, and in particular the mission in the Central African Republic, and recent questions related to the topical issue of immunities enjoyed by the United Nations, in particular against the backdrop of the outbreak of cholera in Haiti.

Mr Pedro Comissário Afonso gave the CAHDI an overview of the recent activities of the ILC and the topics discussed during the ILC’s 68^th Session in Geneva this year. His presentation touched on topical issues related to the protection of persons in the event of disasters, the identification of customary international law, subsequent agreements and subsequent practice in relation to the interpretation of treaties, crimes against humanity, the protection of the atmosphere, jus cogens, the protection of the environment in relation to armed conflicts, the immunity of State officials from foreign criminal jurisdiction and the provisional application of treaties.  

The full version of the presentation of Mr Pedro Comissário Afonso is available at the following link.

Ms Silvia Fernández de Gurmendi gave the CAHDI an overview of the current situation and state of affairs at the ICC, focusing on the main challenges facing the Court. She firstly informed the CAHDI that the ICC had entered into an unprecedented level of activities in all areas, facing a higher workload than ever before. In this regard, she updated the CAHDI on the progress of current cases. Regarding the main challenges facing the ICC, Ms Fernández de Gurmendi shared her reflections on the efficiency and effectiveness of the Court as well as on the issue of State cooperation. She finally mentioned the challenge of the lack of universal ratification of the Rome Statute of the ICC, which to date counts 124 States Parties.

The full version of the presentation of Ms Silvia Fernández de Gurmendi is available at the following link.

Ms Marchi-Uhel informed the CAHDI of the transition period between the term of office of her predecessor, Ms Kimberly Prost, and her term as well as the challenges faced by the Ombudsperson and the recent developments in these areas. First, she underlined that the interaction between herself and Ms Prost was crucial considering the transition cases to be examined and in order to ensure consistency of approaches in the practice of Ombudspersons. Regarding the challenges faced by the Ombudsperson, Ms Marchi-Uhel provided information to the CAHDI on the nature, the amount and the quality of the information to which the Ombudsperson has access as well as on the lack of transparency on the practice of the Ombudsperson.

The full version of the presentation of Ms Catherine Marchi-Uhel is available at the following link.

Mr Narinder Singh informed the CAHDI of the work of the ILC at its 67^th Session. In this respect, he reviewed the different topics of work of the ILC as well as their respective progress, in particular concerning “The most favoured-nation-clause”, the “Protection of the atmosphere”, the “Identification of customary international law”, the “Crimes against humanity”, the “Subsequent agreements and subsequent practice in relation to the interpretation of treaties” as well as the “Protection of the environment in relation to armed conflict”. He concluded by informing the Committee that the ILC had appointed the Special Rapporteur on the new topic “Jus cogens”.

The full version of the presentation of Mr Narinder Singh is available at the following link (English only).

Ms Prost informed the CAHDI of the successes, the setbacks and the challenges faced by the Ombudsperson four year after her appointment. First, she recalled that the Office of the Ombudsperson was established by UNSC Resolution 1904 (2009) and that it became operational in July 2010. In this regard, she provided information on the number of petitions submitted since the establishment, a number which was high due to the simplicity of the procedure as well as to its fair and independent nature. Regarding the setbacks, Ms Prost referred to the interventions by national and regional courts to assess the sufficiency of the listings, which undermined the effectiveness of the sanctions regimes. She finally highlighted some of the key challenges and notably the access to classified and confidential information, the contractual and structural issues of the Office and the question of the extension of the Ombudsperson’s mandate to other sanctions regime.

The full version of the presentation of Ms Kimberly Prost is available at the following link (English only).

Ms Marie Jacobsson informed the CAHDI of the work of the ILC at its 66^th Session, which had been very fruitful and efficient. In this respect, she reviewed the different topics of work of the ILC as well as their respective progress, in particular concerning the “Expulsion of aliens”, the “Immunity of state officials from foreign criminal jurisdiction”, the “Identification of customary international law”, the “Protection of the environment in relation to armed conflict” as well as the “Crime against humanity”. She concluded by informing the Committee that the ILC had decided to include a new topic in its long-term programme of work, namely “Jus cogens”.

The full version of the presentation of Ms Jacobsson appears as Appendix III to the report of the 48^th meeting.

Ms Fatou Bensouda informed the CAHDI of the recent activities of the Office of the Prosecutor as well as the challenges it faced. First, she recalled that the ICC was established following the conclusion in 1998 of the Rome Statute and provided in this regard information on the status of ratification of this instrument. She further gave an overview of the situations pending before the ICC and outlined those which were currently under preliminary examination. Regarding the challenges faced by the Office of the Prosecutor, Ms Bensouda shared her reflections on the question of witness interference and intimidation, which directly affected the integrity of the ICC’s proceedings. She finally mentioned the question of the cooperation and coordination between the ICC and the States Parties.

The full version of the presentation of Ms Bensouda appears as Appendix V to the report of the 47^th meeting.

Mr Šturma recalled the role of the ILC regarding the progressive development and the codification of public international law and informed the CAHDI of the work of the ILC at its 65^th Session. In this respect, he reviewed the different topics of work of the ILC as well as their respective progress, in particular concerning the "Subsequent agreements and subsequent practice in relation to the interpretation of treaties", the "Immunity of State officials from foreign criminal jurisdiction" and the "Formation and evidence of customary international law", now titled "Identification of customary international law". He concluded by presenting the long-term programme of work of the ILC and the new topics which have been included, such as the "Protection of the atmosphere".

The full version of the presentation of Mr Šturma appears as Appendix V to the report of the 46^th meeting.

Ms Sabine Bauer gave a presentation entitled "OSCE: a process or an international organization? OSCE – a unique place of international law in the making". She presented  three topics in particular. First, she provided an historical overview of the development of the OSCE from a conference to an "organisation" with a more permanent organisational structure before discussing the legal status of the organisation. In this regard, she recalled that the legal status of the OSCE remained to be clearly and uniformly defined by its participating States. Finally, she addressed the capacity of the OSCE to contribute to the development of international law, in particular through important treaties finalised and a number of politically binding recommendations and guidelines adopted in the OSCE framework.

The full version of the presentation of Mrs Sabine Bauer appears as Appendix V to the report of the 45^th meeting.

Mr Fausto Pocar presented the work of the International Institute of Humanitarian Law in San Remo, and more particularly the conclusions of the Institute's 35th annual Round Table on "Private Military and Security Companies (PMSCs)" (San Remo, 6-8 September 2012).  The discussions had covered the legal issues arising from the increasing use of PMSCs, including the status of PMSCs and their employees, the links between PMSC employees and mercenary activities, the use of force by PMSCs and their involvement in detention activities.  The Round Table had also discussed issues of jurisdiction and responsibility on the part of states regarding the use of PMSCs.  Finally, he noted that the activities geared to ensuring that PMSCs complied with international humanitarian law.

The full version of the presentation of Mr Fausto Pocar appears as Appendix VIII to the report of the 44^th meeting.

Sir Michael Wood described the ICL's recent activities at its 64th session.  He referred to developments concerning topics already under discussion, such as "The obligation to extradite or prosecute (aut dedere aut judicare)", and new activities, such as "Provisional application of treaties".  He recalled that the ILC had asked states to provide information on their national legislation and practice concerning "Immunity of State officials from foreign criminal jurisdiction", for which a new Special Rapporteur had been appointed, and "Formation and evidence of customary international law".  Lastly, he encouraged states to submit new work topics to the ILC and give consideration to helping fund the fellowships granted to developing country participants at the International Law Seminar, the 48th session of which had been held in July 2012.

The full version of the presentation of Sir Michael Wood appears as Appendix VII to the report of the 44^th meeting.

Mr Romero Requena addressed the CAHDI on the theme of "The legal order of the European Union and international public law".  He began by pointing out that the European Union was a subject of international law, as had been recognised at a very early stage by the Court of Justice of the European Union, before referring to international law's role in the case-law of the Court of Justice of the European Union.  He also pointed out that, under the Lisbon Treaty, states remained bound by commitments entered into before their accession to the European Union and that international agreements concluded by the European Union applied to member states without it being necessary to incorporate them into domestic legislation.  Lastly, he gave his views on the issue of European Union accession to the European Convention on Human Rights.

The full version of the presentation of Mr Luis Romero Requena appears as Appendix IV to the report of the 43^rd meeting.

Mr Moreno presented the work of the San Remo International Institute of Humanitarian Law, an independent non-profit organisation principally tasked with promoting the development of international humanitarian law and related fields of law.  He mentioned the challenges confronting international humanitarian law at present, in view of traditional war's transformation into international, internal and regional conflicts and of developments in methods of armed conflict and the use of guerrilla tactics.  He indicated that other causes for concern were the spread of terrorism, the increasing number of occupation situations and growth in the number of stakeholders involved in conflicts.  Lastly, he stressed the importance of applying international humanitarian law, which was the last rampart in many situations.

A summary of the presentation of Mr Maurizio Moreno appears in the report of the 42^nd meeting.

Mr Mathias, informed the CAHDI of the work being done by the Office of Legal Affairs of the United Nations.  Firstly, he mentioned certain legal aspects of the "Arab Spring", in particular regarding its impact on the concept of the "responsibility to protect", before mentioning recent developments concerning international criminal courts, primarily from the angle of the establishment of the International Residual Mechanism for Criminal Tribunals.  Lastly, regarding recourse to equitable, transparent procedures in the framework of the United Nations sanctions regimes, he drew attention to the work done by the Ombudsperson of the Security Council's 1267 Committee.

The full version of the presentation of Mr Stephen Mathias appears as Appendix V to the report of the 42^nd meeting.

Ms Prost underlined that her duties consisted in providing individuals and entities subject to the Security Council's relevant sanctions with an independent means of applying for removal from the list of sanctions. She indicated that she had dedicated part of her work at publicising the existence of the Office of the Ombudsperson in order to guarantee access by listed individuals, and mentioned the means she had employed, access to information being one of the main challenges.  She then referred to the vital issue of her Office's effectiveness in guaranteeing the independence and impartiality of the sanctions mechanism.  Lastly, she reported on the progress in the work of the Office of the Ombudsperson, although it was still too soon fully to assess the work accomplished.

The full version of the presentation of Ms Kimberly Prost appears as Appendix V to the report of the 41^st meeting.

Mr Bonichot addressed the CAHDI about EU accession to the European Convention on Human Rights.  He referred to various issues which had arisen during the negotiations, such as European Union primary law and possible control by the European Court of Human Rights of decisions taken under the European Union's common foreign and security policy and the establishment of a mechanism to ensure that the CJEU could rule on an European Union text before a decision by the ECHR.

The full version of the presentation of Mr Jean-Claude Bonichot appears as Appendix VII to the report of the 41^st meeting.

Mr Fribergh referred to the legal problems encountered in the process of European Union accession to the European Convention on Human Rights, but stressed that most were merely technical in nature and would be easy to resolve.  However, he underlined that one point remained vital, namely the establishment of a mechanism whereby matters relating to European Union law could be referred to the Court of Justice before judgment was delivered by the European Court of Human Rights.

A summary of the presentation of Mr Erik Fribergh appears in the report of the report of the 40^th meeting.

Mr Hagan gave the CAHDI details of the structure and activities of the Legal Department of the IMF.  He referred to the IMF's financial and regulatory powers, highlighting the action it took to exercise them and the extent to which the IMF could implement them.  Lastly, he mentioned the IMF's decision-making process and the possible reforms being considered by the organisation.

The full version of the presentation of Mr Sean Hagan appears as Appendix VII to the report of the 39th meeting.

Mr Costa gave a speech to the CAHDI regarding two topical questions which were essential to the European Court of Human Rights and were of major interest to the CAHDI: firstly, the Interlaken Conference and its follow-up and, secondly, the question of the accession of the European Union to the European Convention on Human Rights.

The full version of the presentation of Mr Jean-Paul Costa appears as Appendix VI to the report of the 39^th meeting.

Mr Nolte described recent developments concerning the ILC's activities and addressed the issues of the responsibility of international organisations, the reservations to international treaties and the protection of individuals in the event of disasters.

A summary of the presentation of Mr Georg Nolte appears in the report of the 38^th meeting.

Mr Hegelsen described the Venice Commission's past and ongoing activities and stressed that the rule of law was the fundamental principle of sustainable democracies.  He underlined that the aim of the Venice Commission was to strike the right balance between democracy and the rule of law and stick to this ideal even during periods marked by extraordinary events.

A summary of the presentation of Mr Jan Erik Hegelsen appears in the report of the 38^th meeting.

Ms O'Brien provided fresh insights on the issue of the responsibility to protect and mentioned the main challenges facing the concept, stressing that it was important for it to develop in accordance with international law and the principles of the UN Charter.  She addressed the issue of the proliferation of international courts and tribunals and stressed the importance of mechanisms for the peaceful settlement of disputes between states and the further development of international law.  Lastly, Ms O'Brien discussed the relationship between peace and justice and then held an exchange of views with the members of the CAHDI.

The full version of the presentation of Ms Patricia O'Brien appears as Appendix VII to the report of the 36^th meeting.

Mr Michel considered the promotion of the rule of law by the UN, at both international and national level, before underlining the importance of also applying it within the UN itself, in particular in its internal justice system.  He then moved on to the challenge which impunity posed for the UN and the international community, referring to recent developments in international justice.  In conclusion, he considered the issue of the responsibility to protect and the difficulties in implementing it.

The full version of the presentation of Mr Nicolas Michel appears as Appendix VIII to the report of the 35^th meeting.

Mr Couvreur addressed the CAHDI regarding administrative and budgetary matters relating to the ICJ.  He mentioned the major difficulties affecting the ICJ before describing various possible solutions.

A summary of the presentation of Mr Philippe Couvreur appears in the report of the 34^th meeting.

Mr Koskenniemi spoke on the issue of the overlapping jurisdiction of international tribunals and stressed that it was open to analysis from two starting points, either by analysing positive law (looking at how treaties or customary law fragment into special regimes) according to the approach adopted by the ILC, or by looking at the proliferation of international courts and tribunals, which is an institutional problem. He then described various possible kinds of overlap and the related difficulties and concluded by stressing the importance of constructing decision-making bodies and institutions which are independent of the special regimes and therefore in a position to resolve problems which cut across them in an impartial way.

A summary of the presentation of Mr Martti Koskenniemi appears in the report of the 34^th meeting.

Mr Pellet reported on the ILC's 59th session and mentioned, in particular, the latest developments concerning the issues of shared natural resources, the expulsion of aliens, the obligation to extradite or prosecute, the responsibility of international organisations and the effects of armed conflicts on treaties.  He then mentioned various topics being considered by the ILC for its future activities, including the immunity of state officials from foreign criminal jurisdiction.

A summary of the presentation of Mr Alain Pellet appears in the report of the 34^th meeting.

Mr Van den Hout gave a presentation on the role of the PCA and said that it was now a modern arbitration institution that offered states a wide range of services. He outlined the advantages of arbitration over other methods of peaceful settlement of disputes, in particular its flexibility.  After indicating the two main ways in which disputes could be submitted to arbitration, Mr Van den Hout said that arbitration was expanding rapidly in the international community given the increasing number of conflicts.

The full version of the presentation of Mr Tjaco Van den Hout appears as Appendix VII to the report of the 33^rd meeting.

Mr Moreno Ocampo reported on the latest developments in the ICC's activities, in particular regarding the start of its judicial activity.  He mentioned the work of the Office of the Prosecutor, referring to the selection of cases and the difficulty in conducting investigations on the ground.  He also underlined how important it was for states to co-operate with the ICC so as to optimise the contribution by the Office of the Prosecutor to combating impunity and preventing crime.

A summary of the presentation of Mr Luis Moreno Ocampo appears in the report of the 32^nd meeting.

Mr Kirsch reported on the latest developments concerning cases pending before the ICC and future prospects.  He recalled the importance of co-operation between the ICC and states, international organisations and NGOs so as to enable the Court to operate effectively.  He underlined that the co-operation could take several forms (arresting and surrendering suspects, sharing information and enforcing sentences), on which the success of the ICC depended.  He noted that the Court had made considerable progress since the judges and the prosecutor had been appointed and stressed the need to keep up efforts to ensure the ICC had the support necessary for performing its role effectively.

A summary of the presentation of Mr Philippe Kirsch appears in the report of the 32^nd meeting.

Mr Economides reported on the 58th session of the ILC and mentioned the latest developments in its work, in particular concerning reservations to treaties, unilateral acts of states, the effects of armed conflicts on treaties and the fragmentation of international law.  He underlined the adoption by the ILC of the Articles on Diplomatic Protection with commentaries and of the Principles on International Liability in Case of Loss from Transboundary Harm Arising out of Hazardous Activities.  He concluded by mentioning the ILC's future work topics and its intention to look more closely at issues related to the consolidation and development of international law.

A summary of the presentation of Mr Constantin Economides appears in the report of the 32^nd meeting.

Mr Scheinin gave his views on the relationship between human rights law and international law, including international humanitarian law.  He began with the question of whether human rights had a specific status within public international law, especially in view of the special status of human rights treaties.  He then discussed states' human rights law and practice, taking account of the influence of human rights on public international law.  Mr Scheinin also addressed the much debated issue of possible hierarchy between norms of public international law, in particular relating to the notion of jus cogens, and mentioned the various approaches in this area.  Lastly, he looked at the specific relations between international humanitarian law and human rights, with the application of the two regimes being cumulative and the norms of one sometimes helping to facilitate the interpretation of the rules of the other.

The full version of the presentation of Mr Martin Scheinin appears as Appendix IV to the report of the 31^st meeting.

Mr Cameron presented his report on "The ECHR, Due Process and UN Security Council Counter-Terrorism Sanctions".  He mentioned the issue of legal safeguards for persons placed on the blacklists and drew attention to the legal difficulties, in particular in human rights terms, raised by the sanctions regimes.  He recalled that it was necessary for the individuals concerned to have access to courts and effective remedies.  He also raised the issue of the responsibility of Council of Europe member states – when acting on the UN Security Council or implementing its decisions – to meet their human rights obligations.  To remedy the legal problems encountered in practice, he proposed several solutions, in particular a body to supervise the decisions by the sanctions committees, which could take the form of an arbitral body or an ombudsman.

The full version of the presentation of Mr Iain Cameron appears as Appendix III to the report of the 31^st meeting.

Mr Rosas described the different types of cases and legal matters dealt with by the ECJ.  He pointed out that the Court's approach to public international law was monist and mentioned the ECJ's methods of interpretation, in particular concerning public international law.  He then held an exchange of views with the members of the CAHDI concerning various issues such as ECJ judges' degree of expertise in public international law and possibilities of conflicts between European Union law and public international law.

A summary of the presentation of Mr Allan Rosas appears in the report of the 30th meeting.

Mr Koskenniemi described the latest progress which the ICL had made in its work at its 57th session, in particular concerning the effects of armed conflicts on treaties, the responsibility of international organisations, diplomatic protection and fragmentation of international law.

A summary of the presentation of Mr Martti Koskenniemi appears in the report of the 30^th meeting.

Mr Badinter noted that the Court had never been called on to examine a dispute even though it was a swift, flexible and effective mechanism for resolving disputes.  He recalled that the ICCA's arbitrators and conciliators could also provide legal advice and that although this option had been well received by states, no action had been taken on it.  Mr Badinter and the other members of the Court present pointed out that certain disputes were ideal material for the ICCA, in particular because of non-legal aspects which did not really lend themselves to a judicial settlement.

A summary of the presentation of Mr Robert Badinter appears in the report of the 29^th meeting.

Mr Gaja presented the recent developments on the topics addressed by the ICL, namely diplomatic protection, transboundary harm, the responsibility of international organisations, reservations to treaties, unilateral acts and fragmentation of international law.  He also gave details of progress made by the ICL in these areas.

The full version of the presentation of Mr Giorgio Gaja appears as Appendix V to the report of the 28^th meeting.

Mr Kellenberger addressed the CAHDI on the issue of the relevance of international humanitarian law in contemporary armed conflicts.  He described the ICRC's recent work and pointed out that the promotion and strengthening of international humanitarian law were key activities of the ICRC.  He highlighted the importance and relevance of international humanitarian law, even though there were some difficulties with its application in contemporary armed conflicts, in particular from the angle of the fight against terrorism.  He also referred to the issue of weapons, which was the field of international humanitarian law which had evolved most rapidly in recent years.  Lastly, he considered the issues of the implementation of international humanitarian law and ensuring respect for it at both international and national level.

The full version of the presentation of Mr Jakob Kellenberger appears as Appendix VI to the report of the 28^th meeting.

Mr Moreno Ocampo described the work of the Office of the Prosecutor of the ICC and the strategic decisions adopted in several priority areas concerning recruitment of the Office staff, the structure of the Office, which is made up of three operational divisions, and the way it interacted with the other organs of the Court.  He also mentioned the priority situations and explained how the Office selected and analysed them with a view to initiating possible prosecutions.  Lastly, he underlined the importance of states offering co-operation and assistance to ensure that the Court succeeded.

The full version of the presentation of Mr Luis Moreno Ocampo appears as Appendix VI to the report of the 27^th meeting.

Mr Kirsch described recent developments concerning the ICC.  He began with an update on its work, principally concerning the advances with the adoption of the Regulations of the Court.  He then mentioned the second Assembly of States Parties to the ICC and the key decisions taken there, in particular concerning the ICC budget.  Lastly, he draw attention to the challenges facing the ICC, especially the need to establish its credibility and ensure complementarity and co-operation with states, and underlined that states also have to play their part in prosecuting crimes and combating impunity.

The full version of the presentation of Mr Philippe Kirsch appears as Appendix V to the report of the 26^th meeting.

Mr Gil-Robles described the institution of the Commissioner for Human Rights, the Commissioner's role and how he operated and gave details of the Commissioner's fundamental objectives, in particular the promotion of the effective observance and full enjoyment of human rights in the member states.  He described the various means of action available to the Commissioner for achieving these objectives: official visits to member states, the holding of seminars and conferences and the issuing of recommendations to individual member states or all member states following visits and of opinions on draft laws or specific practices.  Mr Gil-Robles also referred to his recent activities, in particular his contribution to consolidating the system of the European Convention on Human Rights.

A summary of the presentation of Mr Alvaro Gil-Robles appears in the report of the 25^th meeting.

Mr Mikulka described the Codification Division of the UN Office of Legal Affairs, which is responsible for the codification and progressive development of international law, and gave details of its role and activities.  He specified that the Codification Division provided substantive support in various forms to many legal bodies attached to the UN, including the Sixth Committee of the General Assembly, the International Law Commission and the Assembly of States Parties to the Rome Statute of the International Criminal Court.  He reported on recent developments concerning these bodies and the activities which the Codification Division had carried out to assist them.  In conclusion, he presented the new projects in which the division was involved.

The full version of the presentation of Mr Vaclav Mikulka appears as Appendix III to the report of the 25^th meeting.

Mr Kourula informed the CAHDI on recent the developments concerning the ICC and underlined the importance of bringing national legislation into line with the requirements of the Rome Statute so as to make it fully effective.

A summary of the presentation of Mr Errki Kourula appears in the report of the 25^th meeting.

Mr Hafner described the work done by the United Nations concerning state immunities and highlighted some divisive issues where discussion was continuing, in particular concerning exceptions to state immunity.

The full version of the presentation of Mr Gerard Hafner appears as Appendix IV to the report of the 24^th meeting.

Mr Simma reported on developments at the 54th session of the ILC and the progress made with the various topics, namely diplomatic protection, unilateral acts, the responsibility of international organisations, international liability for injurious consequences arising out of acts not prohibited by international law and fragmentation of international law.  He also mentioned a new topic concerning shared natural resources.

A summary of the presentation of Mr Bruno Simma appears in the report of the 24^th meeting.

Ms Burdeau presented the Hague Academy of International Law and how it operated.  She said that the Academy's role was to make international law more international and to retain an overview of international law at a time when it was diversifying and becoming increasingly technical.  She also referred to topics to be dealt with by the Academy in the near future.

A summary of the presentation of Ms Geneviève Burdeau appears in the report of the 23^rd meeting.

Mr Crawford reported on recent developments in the ILC's discussions concerning the topic of state responsibility and underlined that its members seemed to have reached a consensus.  He recalled that it was now necessary to implement the final document, namely the ILC draft Articles on State Responsibility.

A summary of the presentation of Mr James Crawford appears in the report of the 22^nd meeting.

Mr Guillaume reported on recent developments concerning the ICJ, in particular the cases being dealt with.  He then referred to the difficulties facing the ICJ, in both budgetary and procedural terms.  Mr Guillaume also addressed the issue of the increasing number of international courts and the risk of inconsistent case-law in a system without a hierarchy of courts.  In this connection, he proposed the introduction of a mechanism for preliminary referral to the ICJ so as to avoid fragmentation in terms of the interpretation of international law.

A summary of the presentation of Mr Gilbert Guillaume appears in the report of the 21^st meeting.

Mr. Kohona addressed the CAHDI on the practice of the Secretary-General of the United Nations as depositary of international treaties. He noted that the Vienna Convention on the Law of Treaties was not exhaustive with regard to the practice of the depositary and that there had been some changes since its adoption. He stressed the need to adapt the function, while taking into account current concerns, in particular the desire to maintain security and the integrity of the law. He also raised the question of the depositary's practice with regard to reservations to treaties and in cases of denunciation of conventions and declarations of territorial exclusion.

A summary of Mr. Palitha Kohona's presentation is included in the report of the 20th meeting.

Mr. Pellet referred to the issues addressed in the two main parts of his fifth report on reservations to international treaties: alternatives to reservations and the procedure relating to international treaties and interpretative declarations.

A summary of Mr. Alain Pellet's presentation is included in the report of the 20th meeting.

Mr. Badinter addressed the CAHDI on the role of the International Court of Conciliation and Arbitration and its functioning. He stressed that this Court was a response to a specific desire for a flexible institution to resolve disputes between countries and gave details on the many advantages of the arbitration approach.

A summary of Mr. Robert Badinter's presentation is included in the report of the 19th meeting.

Mr. Genscher took part in the debate on the role of the International Court of Conciliation and Arbitration and stressed the importance of a mechanism for the peaceful settlement of disputes such as the one established by the Court.

A summary of Mr. Hans-Dietrich Genscher's presentation is included in the report of the 19th meeting.

Mr. Meron presented his report on "The implications of the European Convention on Human Rights for the development of public international law". He referred to the difficulty of striking a balance between two contradictory trends: defining specific rules to increase the respect and effectiveness of human rights and defining human rights as an integral part of international law. He also recalled the importance of the normative aspect of the European Convention on Human Rights, the abandonment of the notions of reciprocity and the concept of proportionality developed by the European Court of Human Rights, whose case law has influenced other human rights systems. He noted that the European Convention on Human Rights remained important for the development of the law of treaties relating to multilateral normative treaties, given the shortcomings of the Vienna Convention on the Law of Treaties in this area.

Full version of Mr. Theodore Meron's presentation is included in Annex III to the report of the 19th meeting.

The CAHDI presented the report on State Practice Regarding State Succession and Issues of Recognition to the Secretary General.  The report was published as the Council of Europe's contribution to the United Nations Decade of International Law.

A summary of the presentation of Mr Walter Schwimmer appears in the report of the 18^th meeting.

Mr Wildhaber reported on the cases pending before the Court following the entry into force of Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, restructuring the control machinery established thereby, and the way in which cases inherited from the old Court were being dealt with.  He mentioned the difficulties which were arising because of the substantial increase in the number of applications and addressed the issue of the compatibility of the Court's standards with those of other human rights bodies.

A summary of the presentation of Mr Luzius Wildhaber appears in the report of the 18^th meeting.

Mr Blix presented his report on the Development of International Law Relating to Disarmament and Arms Control since the First International Peace Conference of 1899, which focused on the monitoring and honouring of commitments under disarmament agreements.  He underlined the practical difficulties in the monitoring process and proposed solutions for achieving nuclear disarmament.

A summary of the presentation of Mr Hans Blix appears in the report of the 17^th meeting.

Mr Greenwood presented his report on International Humanitarian Law and the Laws of War, which he had drafted in preparation for the diplomatic conference for the establishment of the International Criminal Court (ICC).  He underlined that the ICC was a means of improving respect for and compliance with existing law, without the need to establish new standards through new conventions.  However, he pointed out that the existence of the standards was not enough in itself and that training and education were essential.  In conclusion, he said that the legislative development was less important than compliance with the existing rules.

A summary of the presentation of Mr Christopher Greenwood appears in the report of the 17^th meeting.

Mr Pinto presented his report on Peaceful Settlement of Disputes and underlined the central role of the International Court of Justice.  He raised the issue of the unity and fragmentation of the system of international law insofar as the growing number of tribunals and the attempts to individualise certain areas of international law ran counter to the consistency and importance of international law.  Mr Pinto then proposed several solutions for overcoming the difficulties mentioned in his report, for instance increasing the number of judges at the International Court of Justice so as to ensure better representation of the various legal systems and greater consistency.

A summary of the presentation of Mr Christopher Pinto appears in the report of the 17^th meeting.