2019년 제71차 회기 유엔 국제법위원회 작업현황과 제74차 유엔총회 제6위원회 논의 결과

• 영문명: The Works done by the UN International Law Commission during its 71st session(2019) and the Discussion done at the 6th Committee of the UN General Assembly(74th session 2019)
• 발행기관: 국제법평론회
• 저자명: 박기갑(Park, Ki-Gab)
• 간행물 정보: 『국제법평론』제55호, 61~212쪽, 전체 152쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.02.28

영문 초록

The International Law Commission (ILC or Commission) at its 71st session on 2019 did various works as follows. With regard to the topic “Crimes against humanity”, the Commission adopted, on the second reading, the entire set of draft articles on prevention and punishment of crimes against humanity, comprising a draft preamble, 15 draft articles and a draft annex, together with commentaries thereto. The Commission recommended to the General Assembly the elaboration of a convention on prevention and punishment of crimes against humanity by the General Assembly or by an international conference of plenipotentiaries on the basis of the draft articles. With respect to the topic “Peremptory norms of general international law (jus cogens)”, the Commission adopted, on the first reading, 23 draft conclusions and a draft annex, together with commentaries thereto. With respect to the topic “Protection of the environment in relation to armed conflicts”, the Commission adopted, on first reading, 28 draft principles, together with commentaries thereto. Governments, international organizations and others relevant entities are requested to submit comments and observations by 1 December 2020. The Commission continued to work on the topics on “Succession of States in respect of State responsibility” and “Immunity of State officials from foreign criminal jurisdiction”. As a new topic, the Commission started its consideration on “General principles of law” and “Sea-level rise in relation to international law”. The latter will be discussed by the Study Group chaired by five members. The author considers it is important to pay more attention to the following five points in light of the reactions to the 74th session of the United Nations General Assembly, which reviewed the work of the ILC. First, when and how will the 2nd reading draft articles on “Crimes against humanity” be adopted as an international convention? Secondly, the first reading draft on “Peremptory norms of general international law (jus cogens)” received more attention from the Member States than the first reading draft on “Protection of the environment in relation to armed conflicts”. Attention should be paid to its draft conclusion 16, which deals with the legal effects of the decision adopted by the United Nations Security Council which conflicts with jus cogens. Thirdly, attention should be also paid to the topics on “Protection of the atmosphere” and “Provisional application of the treaties” of which the 2nd reading drafts will be adopted in 2020. Fourth, there was a lot of disagreement between Member States regarding the two topics presented as a long-term work program to the United Nations General Assembly this year. The Korean government has also expressed its own position on these two topics. Fifth and lastly, we should be aware that the concerns of Member States regarding the change of working methods of the ILC have been expressed.

목차

I. 서 론

II. 인도에 반하는 죄

III. “일반국제법상 절대규범(강행규범)” 제1회독 초안 채택

IV. “무력충돌 관련 환경보호” 제1회독 초안 채택

V. 국가책임 관련 국가승계

VI. 외국형사관할권으로부터 국가공무원면제

VII. 법의 일반원칙

VIII. 국제법 관련 해수면 상승

IX. 조약의 잠정적용

X. 장기작업주제

XI. 결론 및 향후 전망

키워드

유엔 국제법위원회 유엔총회 제6위원회 인도에 반하는 죄 일반국제법상 절대규범(강행규범) 무력충돌 관련 환경보호 국가책임 관련 국가승계 외국형사관할권으로부터 국가공무원면제 법의 일반원칙 국제법 관련 해수면 상승 장기작업주제 UN International Law Commission(ILC) UNGA 6th Committee Crimes against Humanity Peremptory Norms of General International Law(jus cogens) Protection of the Environment in relation to Armed Conflicts Succession of States in respect of State Responsibility Immunity of State Officials from Foreign Criminal Jurisdiction General Principles of Law Sea-level Rise in relation to International Law Long-term Programme of Work