International Law Commission

The International Law Commission (ILC) is a United Nations expert body that develops and clarifies international law. Its mandate is the progressive development and codification of international law, primarily public international law, which governs relations between States and other subjects of international law.

Mandate and legal basis

The UN General Assembly established the Commission in 1947. Its work supports the Assembly’s responsibility under Article 13(1)(a) of the UN Charter to encourage the progressive development and codification of international law.

• Progressive development means preparing draft conventions on subjects not yet regulated by international law, or where State practice has not sufficiently developed the law.
• Codification means formulating and systematising rules more precisely in fields where extensive State practice, precedent and doctrine already exist.
• These functions overlap in practice: a single project may clarify existing rules while proposing further development.

Composition and working methods

The Commission consists of 34 experts, elected by the General Assembly for five-year terms. Members serve in their individual capacities, rather than as representatives of their governments.

• Members must possess recognised competence in international law, and the Commission’s composition must represent the world’s principal legal systems and main forms of civilisation.
• The Commission studies selected legal topics, generally through reports prepared by a Special Rapporteur, collective discussion and drafting.
• Governments can submit comments on its work, and the Commission reports to the General Assembly, where legal questions are considered by the Sixth Committee.

Outputs and environmental relevance

The Commission produces draft articles, draft principles, conclusions and guidelines, usually accompanied by commentaries. These can guide legal interpretation, clarify customary international law or provide a basis for treaties, but they do not automatically become binding law merely because the Commission adopts them.

• Its environmental work includes the prevention of transboundary harm from hazardous activities and the protection of the atmosphere.
• In 2022, it adopted draft principles on the protection of the environment in relation to armed conflicts, addressing environmental protection before, during and after armed conflict, including situations of occupation.
• The Commission develops legal rules and guidance; it is not a court, an environmental regulator or an enforcement agency.