Sixth Report on State Responsibility
This report includes a reappraisal of the problem of pre-countermeasures dispute settlement provisions in light of the 1993 Drafting Committee formulation of draft Article 12 of Part 2 of the Articles, and highlights the main shortcomings of the Drafting Committee’s formulation. It focuses on the crucial issue of the requirement of prior recourse to amicable settlement procedures. The report also contains proposals of the Special Rapporteur relating to draft Articles 11 and 12.
Finally it deals with the identification of the main issues to be considered in the forth coming debate on the consequences of the “State crimes” contemplated in Roberto Ago’s Article 19 as provisionally adopted by the Commission.