International Law Commission (ILC) is a body established in 1947, under Article 13 (1) (a) of the Charter of the United Nations, to initiate studies and make recommendations for the purpose of ‘encouraging the progressive development of international law and its codification.’
Article 1 (1) of the Statute of the International Law Commission (1947) also provides for the object of the International Law Commission: ‘The International Law Commission shall have for its object the promotion of the progressive development of international law and its codification.’ The idea of codification of International law was bought about by Jeremy Bentham through the preparation of conventions and treaties. The Commission has ever since drafted many important treaties that have become binding treaty law, including the Vienna Convention on the Law on Treaties, the Geneva Conventions and the Additional Protocols, and the Rome Statute of the International Criminal Court.
Under Article 15 of the Statute, the expression ‘progressive development of international law’ is used for convenience as meaning the preparation of draft conventions on subjects which have not yet been regulated by international law or in regard to which the law has not yet been sufficiently developed in the practice of States. Progressive development of international law involves the creation of new rules of international law either by means of the regulation of a new topic or by means of the revision of the existing rules.
The expression ‘codification of international law’ is used for convenience as meaning the more precise formulation and systematization of rules of international law in fields where there already has been extensive State practice, precedent and doctrine. This is important in that customary rules normally lack precision thus with codification it will be easier to comprehend and to apply it as a source of international law. The International Law Commission surveys the whole field of international law with a view to selecting topics for codification, having in mind existing drafts, whether governmental or not.
In practice, the Commission’s work on a topic usually involves some aspects of the progressive development as well as the codification of international law, with the balance between the two varying depending on the particular topic. The International Law Commission codifies international law through the preparation of ILC Principles, conclusions, articles, guidelines or international conventions.
In KenyaMUN, the ILC simulates the UN's legislative and codification body by formulating Draft Articles and holding deliberations in the Plenary on lacunae in public international law or matters that have not yet been sufficiently addressed in state practice and later coming up with ILC Principles on such international law matters.
Commissioners are expected to conduct research on the selected topics and submit their Draft Articles (a form of Research Paper) prior to the Plenary. Commissioners are expected to follow the Rules of Procedure while deliberating certain issues in the Plenary. In the Plenary, Commissioners should state their stance on the topic based on their research, as opposed to taking a position of either proposition or opposition, as the ILC is not a debate session. For the avoidance of doubt, the International Law Commission shall not require commissioners to either be for or against a position like in a debate, but to comprehensively explain their findings from the research they’ve conducted and their recommendations.
The International Law Commission (ILC) is a body of experts within the United Nations, responsible for the development and codification of International Law.
Our Agenda
- To educate and provide understanding of the International Law Commission among students by providing an authentic simulation of the workings of the organ under the United Nations.
- To increase international understanding and develop the art of peaceful negotiation among potential national and international leaders.
- To further the ideals, principles and objectives of the United Nations and empower youth and students to become involved in realisation, reform and development.
ILC is headed by the Chair of the Commission aided by the Deputy Chair of the Commission, and who together oversee the running of the commission.
Departments within the International Law Commission
Planning Department:
consists of the Head of Planning who acts as the executive assistant to the office of the Chair of the Commission.
Training Department:
consisting of the Head of Training and Chapter Bloc heads who oversee the continuous training of all commissioners on rules of procedure and drafting articles.
RESPONSIBILITIES OF THE ILC
1. To promote the progressive development of international law and its codification
2. Preparation of topics to be debated upon by commissioners in ILC simulations
3. Carrying out constant training to all commissioners in liaison with local secretariat CILCs
4. In liaison with the ICJ, acts as the legal advisor to KMUN on all matter
Our Team
Keiser John
Chair of the International Law CommissionKeiser John, the Chair of the International Law Commission, is pursuing a Bachelor of Laws (LL.B.), currently in fourth year at Daystar University. His goal in the 24th Session is for KMUN ILC to simulate the UN ILC to the utmost extent possible. He has a lifelong ambition to grow into being a scholar and jurist in International Economic Law, Trade and Foreign Investments, with part of his interest being the SDG 8 on Decent Work and Economic Growth. He is a believer of human civilization and economic systems and policy, which at its core, is essential to the formation and sustenance of society. He is outgoing, with outdoor adventure and travelling being part of what he’d pursue full-time. He’s a lover of philosophy, poetry, photography and visuals. His life is essentially driven by a lyric from his favourite song Viva La Vida: ‘Be my mirror, my sword and shield.’
Russel Crowe
Deputy Chair of the International Law CommissionIn life, having a purpose is like having a map, it empowers you with a sense of direction. For Russel, purpose can only be dependent on your philosophy. Currently a fourth year law student at Kabarak University, his own philosophy has been to always leave an impact in whatever he does. Hence every decision he has made until now has, in one way or another, stemmed from the simple question ‘What impact am I going to leave here?’. Moreover, being an advocate for social justice and equity, such impact(s) anticipated are not self centered but usually towards the greater good for the society.