Seventeen men at Lake Success: In search of the International Law Commission

Abstract

The International Law Commission has allegedly been in crisis from its first day of existence. Its own (former) members have been critical about its working methods, the topics it chooses to discuss, its relationship with other UN bodies, and even its aura. At the same time, the International Law Commission also paints more positive pictures of itself. This article aims to make sense of this dynamic without explaining, accepting or refuting any doubts or critiques. Instead, in an attempt to take these discussions to a new place, the article analyses the debates of the Committee of 17, which recommended the establishment of the International Law Commission in 1947. By combining literary, socio-legal and historical methods, it is argued that the ILC is founded on an embracing of uncertainty. As such, the Commission’s ambivalence towards itself is revealed as structural rather than illustrative of the institution being in crisis.