Slovenian delegation participates in International Law Week in New York

Dr Marko Rakovec delivering his address at the General Assembly | Author MZEZ

The delegation actively contributed to discussions on the report of the International Law Commission (ILC) and other international law topics, including the report of the International Court of Justice (ICJ) to the Security Council and the General Assembly. During the International Law Week, the Slovenian delegation also held a number of bilateral meetings to support the candidature of Ambassador Dr Ana Polak Petrič for election to the International Law Commission for the 2028-2032 term.

The central focus of the International Law Week was the consideration of the ILC's annual report. Slovenia reiterated its support for the Commission's central role in the progressive development and codification of international law and reaffirmed its commitment to maintaining an active role within the UN system and the broader international community. Referring to this year's shortened ILC session - described by the Commission as unprecedented and regrettable - Slovenia called on the General Assembly and relevant UN bodies to ensure that adequate resources are made available for the ILC's effective functioning, thereby enabling it to fulfil its mandate under Article 13 of the UN Charter.

Slovenia presented its views on the ILC's annual report. With regard to the conclusions of the open-ended study group on sea-level rise in relation to international law, Slovenia reaffirmed its support for the continuity of statehood and the preservation of the international legal personality of States whose territory is threatened by rising sea levels - a principle endorsed by the ICJ in its advisory opinion on the obligations of States in respect of climate change. It emphasised that general principles of law, as a source of international law, are not in a hierarchical relationship with treaties and customary international law. This accurately reflects the fact that general legal principles have the same status as a source of international law.

In the second set of measures, Slovenia supported the proposal to include the crime of aggression among the offences for which State officials do not enjoy immunity rationae materiae from foreign criminal jurisdiction. It was emphasised that immunity constitutes only a procedural bar to jurisdiction and does not absolve individuals of responsibility for serious violations of international law. On the resolution of disputes involving international organisations, Slovenia stressed that, as subjects of international law, such entities are bound to respect the right to a fair trial and to an effective remedy, as set out in instruments including the European Convention on Human Rights and the International Covenant on Civil and Political Rights. With respect to non-legally binding international agreements, Slovenia advocated the use of the term "non-legally binding instruments", noting that the decisive element is the intention of the parties. An instrument should only be considered legally binding where all parties clearly express their intention to be bound by its provisions. The ILC expressed appreciation for the work undertaken on the topic of the succession of States in respect of State responsibility - an area of particular significance to Slovenia.

Discussions during the International Law Week also addressed the ICJ's annual report to the Security Council and the General Assembly, followed by an exchange with the President of the Court, Judge Iwasawa Yuji. In its statement, Slovenia voiced strong support for the ICJ, emphasising the importance of ensuring the Court's independence and impartiality by providing it with sufficient resources, and calling for full respect for its decisions, including provisional measures.

Slovenia also took part in the annual dialogue between legal advisers of the European Union and the United States. Legal advisers from EU Member States and EU institutions held discussions with the US Legal Adviser, Reed D. Rubinstein, and his team on current issues in international law, including recent decisions of the ICJ.

A quadrilateral meeting of senior legal advisers from Slovenia, Austria, Liechtenstein and Switzerland (the Bled Group) was also held, focusing on matters such as the International Criminal Court, sanctions, preparations for the upcoming Assembly of States Parties to the Rome Statute, developments concerning Palestine and accountability for crimes committed in Ukraine.

During International Law Week, Slovenia also organised a side event entitled "Preserving the Independence of the International Criminal Court", chaired by Dr Marko Rakovec. Leading international law experts participated in the discussion, underscoring the need to protect judges and to maintain practical and political support for the ICC.

Together with Norway, Spain, Egypt, Jordan and Palestine, Slovenia organised a round table on the ICJ's advisory opinion concerning Israel's obligations regarding the presence and activities of the United Nations, other international organisations and third States in and in relation to the Occupied Palestinian Territory.

Another event was led by Dr Marko Rakovec and co-organised by Slovenia, Kuwait and the Global Alliance to Spare Water from Armed Conflicts (comprising 11 countries). It was also supported by Hungary, Jordan, Mozambique, Panama, the Philippines, Senegal, Switzerland and the Geneva Water Hub. The discussions focused on protecting water resources and other critical infrastructure in armed conflicts, especially on safeguarding personnel who maintain essential infrastructure during armed conflicts. Ambassador Dr Ana Polak Petrič, Slovenia's candidate for the ILC for the 2028-2032 term, participated in the discussion. During the International Law Week, the Slovenian delegation held several bilateral meetings in support of this important candidature.