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.

International lawyers and courts consider the principle of systemic integration to be a potential answer to difficulties arising from the fragmentation of public international law. This article questions the application of this approach in the context of human rights treaties. It is argued, first, that in many instances, systemic integration raises serious interpretational and jurisdictional concerns and, second, that systemic integration may give rise to a less diverse international law.

The ILC has initiated the codification of the law relating to diplomatic protection. Two reports have so far been submitted, a preliminary one and a first one in which eight draft articles are proposed. An analytical synopsis of the preliminary report will be followed by a short outline of the object and purpose of the draft articles as well as of the comments of the Commission which discussed the articles during its 52nd session. In the conclusion the contours of diplomatic protection as may be inferred from the work done so far are sketched.