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12 Malaysian J. Syariah & L. 1 (2024)

handle is hein.journals/mlsnjl12 and id is 1 raw text is: MaLy~ian Journal of Syariab and Law Vol. 12, No. 1, pp. 1-10 | APRIL 2024 DOI: htt s://doi or /IC.33102/mkl vail2noI £71 THE UN ILC'S DRAFT CONCLUSIONS ON THE PEREMPTORY NORMS OF GENERAL INTERNATIONAL LAW: THE TALE OF THE ANNEX II*Dire Tladi 'International Court of Justice, Peace Palace, Carnegieplein 2, 2517 KJ The Hague, The Netherlands National Research Foundation, South African Research Chairs Initiative (SARChI) Chair in International Constitutional Law, University of Pretoria, South Africa *(Corresponding author) e-mail: dire. tladi@p .ac.za Article history: Submission date: 7 Dec 2023 Received in revised form: 27 Feb 2024 Acceptance date: 5 Jan 2024 Available online: 31 March 2024 Keywords: Peremptory norms, jus cogens, General Assembly, International Law Commission, Opiniojuris, Customary International Law, Draft conclusion Funding: This research received no specific grant from any funding agency in the public, commercial, or not-for-profit sectors. Competing interest: The author(s) have declared that no competing interests exist. Cite as: Tladi, Dire. (2024). The UN ILC's draft conclusions on the peremptory norms of general international law: The tale of the annex. Malaysian Journal of Syariah and Law, 12(1), 1-10. so1.671 © The authors (2024). This is an Open Access article distributed under the terms of the Creative Commons Attribution (CC BY NC) (htt: creatvecommons ora/licenses/by- nc/4./), which permits non-commercial re- use, distribution, and reproduction in any medium, provided the original work is properly cited. For commercial re-use, please contact usimress~usimedu.rnv. ABSTRACT This paper examines the implications of the General Assembly's failure to adopt a resolution on the International Law Commission's Draft Conclusions on Peremptory Norms (Draft Conclusions) during its seventy-seventh session. While the non-decision does not affect the legal status of the Draft Conclusions, it raises questions about its reception and the underlying reasons for the lack of resolution adoption. The inclusion of an Annex with a non-exhaustive list, particularly addressing the right to self-determination, led to opposition from a subset of States. Despite the strong pedigree of the norms in the Annex, dissenting voices, primarily questioning the status of certain norms, played a pivotal role in the non-decision. This paper contends that the dissenters' success in preventing the adoption of a resolution could prompt the International Law Commission to exercise greater caution in its future work. The Commission may become more inclined to avoid addressing sensitive issues, potentially leading to a tendency to seek the lowest common denominator in its outputs. The analysis delves into the potential impact on the Commission's approach and the broader implications for the development and acceptance of peremptory norms of general international law. 1

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