Law Commission adopts texts on diplomatic bag and courier.

The International Law Commission, at its forty-first session (Geneva, 2 May-21 July), adopted a set of 32 draft articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. It also approved two draft optional protocols dealing, respectively, with the status of the courier and bag of special missions, and the courier and bag of international organizations of a universal character. It thus concluded 13 years of arduous work on the topic for which Alexander Yankov of Bulgaria acted as Special Rapporteur.

The Commission recommended that the General Assembly convene a conference of plenipotentiaries to conclude a convention on the subject.

The primary purpose of the draft text has been to establish a coherent and uniform regime governing the status of all kinds of couriers and bags and to strike a proper balance between the rights and duties of the sending State, the receiving State and the transit State.

Wide range of issues

During its session, the Commission also provisionally adopted three draft articles relating to the Code of Crimes against the Peace and Security of Mankind and dealing, respectively, with threat of aggression, intervention and colonial domination and other forms of alien domination.

Other topics considered included: jurisdictional immunities of States and their property; international liability for injurious consequences arising out of acts not prohibited by international law; the law of the non-navigational uses of international watercourses; State responsibility; and relations between States and international organizations.

The International Law Commission, established by the Assembly in 1947 to codify and develop international law, prepares draft articles on various aspects of international law. When draft articles on a particular topic are completed, the Assembly often convenes an international conference of plenipotentiaries to incorporate them into multilateral agreements.

The Commission is composed of 34 members, who serve in their individual capacities as legal experts and represent the principal legal systems of the world. They are elected by the General Assembly for five-year terms. The current term will expire on 31 December 1991.

Proper balance

In establishing a regime to govern the status of all kinds of couriers and bags, the Commission has taken into account the need for normal functioning of official communications and confidentiality, while preventing abuses of the diplomatic bag.

This need for balance was observed in formulating draft articles. Article 16, for example, provides for the protection of the diplomatic courier "in the performance of his functions". Article 17 sets forth the principle of the inviolability of temporary accommodation of the diplomatic courier when he is carrying a diplomatic bag, and subject to a number of exceptions.

Article 18 provides for immunity of the diplomatic courier from the criminal jurisdiction "in respect of acts performed in the exercise of his functions". Article 20 exempts him from personal examination and search; however, the Commission agreed that "personal examination" referred to bodily examination and did not rule out metal or other detectors used for security purposes in airports and other points of departure or arrival.

Under draft article 25, the sending State should take appropriate measures to prevent the dispatch through the bag of items other than official correspondence, documents or articles intended exclusively for official use.

Draft article 28 states that the diplomatic bag shall be inviolable and not be opened, detained or examined. As regards the consular bag, however, if competent authorities have reason to believe it contains items other than those permitted, it may request that the bag be opened, in their presence, by a representative of the sending State. If a sending State refuses, the bag shall be returned to it.

The work of the Commission on the draft Code of crimes against the peace and security of mankind proceeded, as before, in three areas-crimes against peace, crimes against humanity, and war crimes.

This year, the body considered the seventh report of the Special Rapporteur, dealing with war crimes and crimes against humanity. Special attention was given to the problems of terminology and the question of the degree of gravity of war crimes, and the distinction between war crimes and grave breaches.