international law on international responsibility, reference can be made to the Draft Articles on State Responsibility as adopted on second reading 2001 by the International Law Commission and as commended to the attention of Governments by the UN General Assembly in Res. 56/83 of 12 December 2001. While those Draft Articles are not binding, they are widely regarded as a codification of customary international law.” 13. As indicated earlier in this judgment, learned Counsel for the Respondent did raise a question as to the applicability of the ILC Articles to this Court. The foregoing decision underscores the supplementary application of the ILC Articles to formal international treaties such as the EAC Treaty. The interface between the ILC Articles and the Treaty is further clarified in the Commentaries to the Articles, which are s imilarly reported in the Yearbook of the International Law Commission (supra). Our recourse to the ILC Articles’Commentaries is informed by the provisions of Articles 31(1) and (4), and 32 of the Vienna Convention on the Law of Treaties, 1969. The cited provisions are reproduced below: Article 31 (1) (2) (3) (4) A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. …….. …….. A special meaning shall be given to a term if it is established that the parties so intended. REFERENCE No. 10 OF 2013 Page 7