Question

Which of the following statements are correct about the International Law Commission?
(i) It was established by the UN Security Council.
(ii) It was established in the year 1947.
(iii) It consists of thirty-four members.
(iv) It has the declared objective of promoting the progressive development of international law and its codification.

• A. Only (i), (ii), and (iii)
• B. Only (i), (ii), and (iv)
• C. Only (ii), (iii), and (iv)
• D. Only (i), (iii), and (iv)

Hint:

Members of the International Law Commission serve in their individual capacity as independent legal experts, not as official representatives of their respective governments.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks us to identify the correct statements regarding the origin, composition, and mandate of the International Law Commission (ILC).

Step 2: Key Legal Principles and Approach:
The International Law Commission is a subsidiary body of the United Nations dedicated to the systematization and development of international law.
Its status and structure are governed by the Statute of the International Law Commission, adopted by the UN General Assembly.

Step 3: Detailed Explanation:

• Evaluating Statement (i): "It was established by the UN Security Council."

• This is incorrect. The ILC was established by the UN General Assembly under its mandate in Article 13(1)(a) of the UN Charter, which instructs the General Assembly to initiate studies and make recommendations for encouraging the progressive development of international law and its codification.

• Evaluating Statement (ii): "It was established in the year 1947."

• This is correct. The General Assembly formally established the ILC on November 21, 1947, by adopting Resolution 174 (II).

• Evaluating Statement (iii): "It consists of thirty-four members."

• This is correct. Although the commission began with 15 members in 1947, its membership has been expanded over time to reflect diverse legal systems and geographical representation, and it currently consists of 34 members elected by the General Assembly.

• Evaluating Statement (iv): "It has the declared objective of promoting the progressive development of international law and its codification."

• This is correct, as this is the primary mandate set forth in Article 1 of the Statute of the ILC.

• Since statements (ii), (iii), and (iv) are correct, Option (C) is the correct answer.

Step 4: Final Answer:
The ILC was established in 1947 by the UN General Assembly (not the Security Council) and consists of 34 members focused on codification, making Option (C) the correct answer.