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Remarks at a Meeting of the Sixth Committee on Agenda Item 77: Report of the International Law Commission on the work of its 73rd session: Cluster Two

Remarks at a Meeting of the Sixth Committee on Agenda Item 77: Report of the International Law Commission on the work of its 73rd session: Cluster Two

David Bigge, Lawyer Adviser
New York, New York
Oct 28, 2022

AS Shipped

Thank you, Mr. Chairman. The United States is delighted to handle both matters in this cluster, immunity of Point out officers from international criminal jurisdiction, and the ILC doing work group’s endeavours on sea-stage rise in relation to international legislation.

Immunities of Point out Officers from International Criminal Jurisdiction

Turning first to immunity of State officials from overseas prison jurisdiction, we notice our appreciation for the endeavours of Specific Rapporteur, Concepcion Escobar Hernandez, on this tough matter. We welcome also the thoughtful contributions by other users of the ILC.

As thorough in past statements, the United States has longstanding worries with these Draft Posts that remain unaddressed. We will not increase them all once again below, but highlight once once again that we do not agree that Draft Write-up 7 is supported by consistent Point out observe and opinio juris and for that reason does not replicate customary worldwide regulation. We also reiterate our belief that the Fee should function by consensus to most effective weigh the implicated, significant challenges and account for Point out apply.

In spite of the worries that the United States and many others have articulated more than the many years, the Commission adopted the Draft Content at the to start with studying this summer. We search ahead to the option to submit detailed prepared reviews on this draft. The United States hopes that the Fee will mirror further on the fears lifted by the United States and some others in previous statements just before the Sixth Committee and in our future penned submissions. If the articles are remaining unrevised, it will be important for the commentary to replicate where this kind of articles mirror a proposal for the progressive progress of the regulation alternatively than codification. Further more, if numerous of the draft articles or blog posts continue on not to mirror customary international regulation and diverge from the expressed views of States, the possibility that the Commission’s very long initiatives will outcome in draft articles or blog posts adopted by States as an worldwide convention is tremendously minimized. We urge the Commission to rethink the draft article content in this light, each in compound and in structure.

Sea-degree Increase in relation to Worldwide Legislation

With regard to the topic of sea-level rise in relation to worldwide law, the United States would first like to notice that it has introduced a new plan on sea-level rise and maritime zones. Underneath this coverage, which acknowledges that new trends are developing in the methods and views of States on the want for steady maritime zones in the experience of sea-amount rise, the United States will function with other international locations towards the aim of lawfully establishing and keeping baselines and maritime zone limitations and will not problem these baselines and maritime zone boundaries that are not subsequently current in spite of sea-degree increase prompted by local weather adjust.

Turning to the ILC’s extra the latest function on this subject, the United States appreciates the Commission’s efforts with respect to difficulties linked to statehood. These matters are of crucial issue to States that are most at danger from sea level rise. The troubles that the Study Group has determined in its work so far increase complex authorized concerns linked to foundational factors of global law. Given the absence of relevant Condition practice in pertinent spots, it is hard to attract definitive conclusions on how global law will acquire. The United States appears to be forward to doing work with other nations to tackle authorized troubles of statehood as they arise.

The United States also welcomes the Commission’s consideration of defense of folks affected by sea stage increase. 1 region that the United States has been focused on in this regard is local weather-related migration. Past October, the White Residence introduced its Report on the Effects of Weather Change on Migration. To better deal with problems of security in the context of weather modify, the United States is thinking about means to fortify the application of present safety frameworks, adjust U.S. defense mechanisms to improved accommodate people fleeing the impacts of weather adjust, and appraise the want for more domestic lawful protections for these who have no substitute but to migrate.

Thank you, Mr. Chairman.