Editing International Law Commission (section)

=== 1940s sessions ===
;* 1st session, 1949
The '''1st session''' was held in Lake Success, New York from April 12 to June 9, 1949.<ref>{{Cite web|url=https://legal.un.org/ilc/sessions/1/|title=International Law Commission|website=legal.un.org}}</ref> The agenda for the first session was prepared by the General Assembly throughout 1947–1948. In resolution 177 (November 21, 1947), the Assembly charged the commission with formulating principles based on the judgement of the [[Nuremberg Tribunal]] and drafting a new code of offences against the peace of mankind. Resolution 178 (of the same day) charged the commission with preparing a document on the rights and duties of states in international law. Resolution 260 (December 9, 1948) instructed the commission to consider the establishment of a criminal chamber within the [[International Court of Justice]], for prosecuting political leaders guilty of crimes against international law.

The election of the 15 commission members by the General Assembly took place on November 3, 1948.

The first session of the commission was held in [[Lake Success, New York]], United States, from April 12 to June 9, 1949. The agenda for the session consisted of six items:
* Making a general survey of topics of international law that require codification into treaties and conventions.
* The rights and duties of states.
* The [[Nuremberg Principles]] and the definition of crimes against the peace of mankind.
* Possibility of establishing a judicial body to prosecute leaders guilty of genocide. 
* Finding ways to make the rules and documents of international law more available to the public and scholars. 
* Cooperation by the ILC with other UN agencies.

At the very first meeting, US commission member [[Manley Ottmer Hudson|Manley O. Hudson]] was elected chairman of the commission for the duration of that session, while the Soviet member [[Vladimir Koretsky]] was elected first vice-chairman and Indian member [[Benegal Rama Rau|Benegal Rau]] was elected second vice-chairman.

During that session, disagreement arose between the members as to whether the commission was entitled to include a topic on its agenda without prior consent of the General Assembly. On this issue, the commission decided that it was competent to do so, by a vote of 10 to 3.<ref>''Yearbook of the ILC, 1949'', p. 32</ref>

Regarding the range of issues to be included in the agenda for the codification of international law, the commission decided to start working on a limited number of subjects at first. For that reason, it was decided to exclude at the time the issue of [[laws of war]] from the commission's discussions. The highest priority was given to the topics of [[law of treaties]], [[arbitration]], and regime of the sea, and rapporteurs were elected accordingly.

Another topic under discussion was the declaration of the rights and duties of states. It was decided to exclude the issue of [[right of asylum]] from the proposed draft, and to discuss the matter further at the 2nd session.

Other issues postponed until the 2nd session were: 
* The formulation of the Nuremberg Principles and the list of offences against the peace of mankind.
* The issue of universal criminal jurisdiction.
* Making texts of international law more available. 
* Cooperation with governments and UN agencies.

The commission approved a '''Draft Declaration on the Rights and Duties of States''', which was the main legal document adopted at that session.<ref>[http://legal.un.org/ilc/texts/instruments/english/draft%20articles/2_1_1949.pdf "Draft Declaration on Rights and Duties of States"], 1949. International Law Commission.</ref> A large portion of the work on this issue was done by the Panamanian representative [[Ricardo Joaquín Alfaro Jované]]. The draft declaration was referred to the General Assembly for further deliberations, but in its resolution 596 of December 7, 1951, the Assembly decided to postpone any further discussions on the document.

The commission also decided about the time and place of the 2nd session to be held. It was decided to hold it in Geneva, starting from May 1950, for a maximum period of 10 weeks.