Adopts, Without Votes, 13 Resolutions and 1 Decision, Including Means to Finalize Preparations for International Criminal Court
The General Assembly this afternoon decided that work will begin on an international convention for the suppression of terrorist financing, to supplement existing international instruments designed to combat international terrorism, by the terms of one of 13 resolutions and one decision adopted, all without votes, on the recommendation of its Sixth Committee (Legal).
By adopting the resolution, the Assembly, which strongly condemned all terrorist acts as criminal and unjustifiable, decided that its Ad Hoc Committee on international terrorism would elaborate a draft -- proposed by France -- on terrorist financing. The Ad Hoc Committee, established by the Assembly in 1996, was today asked to continue its elaboration of an international convention for the suppression of nuclear terrorism. Subsequently, and on a priority basis, the Committee was asked to address the means to further elaborate a comprehensive convention on international terrorism. The Assembly also indicated that it would decide at its fifty-fourth session, the question of convening a high-level conference in the year 2000 under United Nations auspices to formulate a joint, organized response of the international community to terrorism in all its forms and manifestations.
By adopting another resolution, the Assembly, expressing alarm over the recent acts of violence against diplomats and officials of international intergovernmental organizations, urged States to take all measures to enhance the protection and security of diplomatic missions, representatives and officials, and to also prevent abuse of diplomatic or consular privileges and immunities. States were urged to ensure, with the participation of the United Nations, where appropriate, that such acts were fully investigated with a view to bringing the offenders to justice.
Adopting a resolution on the International Criminal Court, the Assembly decided the Preparatory Commission for the establishment of the International Criminal Court will be convened from 16 to 26 February 1999; 26 July to 13 August 1999; and 29 November to 17 December 1999, to lay the foundation for the functioning of the Court. Among other tasks, the Commission will prepare
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proposals for the establishment and coming into operation of the Court, including the finalization before 30 June 2000 of the draft texts of the rules of procedures and evidence, and of the elements of crimes.
In a resolution on implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions, the Assembly renewed its invitation to the Security Council to consider establishing further appropriate mechanisms or procedures for holding early consultations on resolving the special economic problems of third States. The Assembly strongly recommended that the Council continue its efforts to further enhance the functioning of its sanctions committees, streamline their working procedures and facilitate access to them by representatives of the third States affected by sanctions. The Secretary-General was asked to ensure that competent units within the Secretariat continue to develop a possible methodology for assessing the adverse consequences actually incurred by third States.
Also, the Assembly asked the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization to give priority consideration to Charter provisions on assistance to third countries affected by the application of Chapter VII sanctions. The Assembly directed the Special Committee to hold its next session from 12 to 23 April 1999. The Special Committee was asked to continue its work on the peaceful settlement of disputes between States, including a proposal for the establishment of a dispute-settlement service to be used early in a dispute, as well as proposals on enhancing the role of the International Court of Justice.
Concerning the United Nations Commission on International Trade Law (UNCITRAL), the Assembly called upon all bodies in the United Nations system and other international organizations to take account of the mandate of the Commission in order to avoid undesirable duplication in the work on international trade law. States were invited to nominate persons to work with a private foundation established to encourage assistance to the Commission from the private sector. The Assembly also appealed for government replies to a questionnaire circulated by the Secretariat on the legal regime governing the recognition and enforcement of foreign arbitral awards.
With reference to the United Nations Decade of International Law, which closes in 1999, the Assembly appealed for financial or other contributions to help carry out a planned programme of activities of the Decade. The Assembly authorized the Secretary-General to deposit, on behalf of the United Nations, an act of formal confirmation of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. States were encouraged to consider ratifying or acceding to the Convention.
Also concerning the Decade, the Assembly welcomed the progress made in realization of the programme of action dedicated to the centennial of the first International Peace Conference, which had been presented by the Governments of the Netherlands and the Russian Federation, and which seeks to
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further develop the themes of the first and second International Peace Conferences (held in 1899 and 1907, respectively). The Assembly encouraged other States to participate in the activities and requested that the two Governments prepare reports on the outcome of the centennial celebrations at The Hague and St. Petersburg.
By another resolution, the membership of the Committee on Relations with the Host Country will be increased by four new members, one each, from among the African, Asian, Latin American and Caribbean, and Eastern European regional groups. They are to be chosen by the President of the General Assembly, in consultations with the regional groups.
According to the terms of another resolution adopted, the General Assembly reaffirmed a number of principles relevant to international negotiations, including sovereign equality of all States; duty of States not to intervene in matters within the domestic jurisdiction of others; and settlement of their international disputes by peaceful means. The Assembly affirmed the importance of the conduct of negotiations in accordance with international law and in line with guidelines in international negotiations, including good faith negotiations.
A resolution on the work of the International Law Commission, stressed the desirability of the enhancement of dialogue between the Commission and the Sixth Committee. The Commission was asked to continue to indicate in its annual report, topics on which it would welcome the views of governments, either in the Sixth Committee or in written form.
By other terms of the resolution, the Assembly asked the Commission to continue its work on the prevention aspect of "International liability for injurious consequences arising out of acts not prohibited by international law" and to also examine other issues arising out of the topic.
Finally, in the light of comments made by Member States in the Sixth Committee, the Assembly decided to include the topic, a Review of the Statute of the Administrative Tribunal of the United Nations, in the provisional agenda of its fifty-fourth session. It had expressed the desire to carry out such a review in a resolution it had adopted last year.
The representative of Lithuania introduced the reports of the Sixth Committee containing the resolutions and the decision.
Speaking in explanations of votes were the representatives of Syria, Egypt, Ecuador, Colombia, United States, Sudan, Libya, and Pakistan. The observer for Palestine also made a statement. Rights of reply were made by the United States and the Sudan.
The General Assembly will meet again tomorrow morning, Wednesday, 9 December, at 10 a.m., to take up the appointment of members of the Committee on Conferences and strengthening of the coordination of humanitarian and disaster relief assistance of the United Nations.
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Assembly Work Programme
The General Assembly met this afternoon to take action on the reports of its Sixth Committee (Legal). They contain 13 draft resolutions and one draft decision on the various topics considered, including international terrorism, international trade law, the International Criminal Court, and guidelines for international negotiations. All drafts were approved by the Sixth Committee without a vote.
A draft resolution in the Committee's report on the status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts (document A/53/627) appeals to all States to become parties to the 1949 Geneva Conventions. The Assembly would call upon those that had become parties to Additional Protocol I to the Geneva Conventions to make the declaration accepting the International Fact-Finding Commission in relation to armed conflict, created under article 90 of that Protocol.
States parties to the additional Protocols, which cover international and non-international armed conflicts, would be called upon to ensure their wide dissemination and full implementation.
The Assembly would affirm the necessity of making the implementation of international humanitarian law more effective. It would welcome the activities of the Advisory Service of the International Committee of the Red Cross (ICRC) in supporting efforts undertaken by Member States to implement international humanitarian law and to promote exchange of information on the subject.
A draft resolution in the report on consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (document A/53/628), would have the Assembly express alarm at the recent acts of violence against diplomats and officials of international intergovernmental organizations and strongly condemn those acts, emphasizing that they can never be justified.
States would be urged to strictly observe and enforce the principles and rules of international law governing diplomatic and consular relations and to take all necessary measures to enhance the protection and security of missions, representatives and officials. States would also be urged to ensure, with the participation of the United Nations where appropriate, that such acts are fully investigated with a view to bringing the offenders to justice.
By other terms of the draft, the Assembly would recommend that States cooperate closely to enhance the protection and security and safety of diplomatic and consular missions and representatives. States would also be urged to take any appropriate measures to prevent any abuse of diplomatic or
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consular privileges and immunities.
Another draft resolution, contained in the report on a convention on jurisdictional immunities of States and their property (document A/53/629), would have the Assembly decide to establish a working group of the Sixth Committee at its fifty-fourth session to consider the outstanding substantive issues related to the draft articles on the subject adopted by the International Law Commission at its forty-third session in 1991.
According to the draft, the working group would take into account recent developments of State practice and legislation, as well as comments submitted by States. It would also consider whether there were any issues upon which it would be useful for the Commission's comments and recommendations to be sought. The Assembly would also invite the Commission to present any preliminary comments it might have on the outstanding substantive issues related to the draft articles by 31 August 1999.
Three resolutions are presented in the Committee's report under the topic of United Nations Decade of International Law.
Draft resolution I, on action dedicated to the 1999 centennial of the first International Peace Conference and to the closing of the United Nations Decade of International Law, would have the Assembly welcome the progress made in realization of the programme of action dedicated to the centennial, presented by the Governments of the Netherlands and the Russian Federation, which aims at contributing to the further development of the themes of the first and second International Peace Conferences (held in 1899 and 1907, respectively).
The draft would encourage the two Governments to continue with implementation of the programme of action and encourage other States to participate in the activities. Also, it would encourage United Nations bodies and non-governmental organizations, groups and individuals to contribute to the discussion on the themes of the commemoration of the first International Peace Conference on the basis of the preliminary reports and to consider participation in the activities envisaged.
The Assembly would request that the two Governments prepare reports on the outcome of the centennial celebrations at The Hague and St. Petersburg for submission to its fifty-fourth session. It would also request the Secretary-General to consider activities to promote the outcome of the United Nations Decade of International Law, including the possibility of releasing by the United Nations a set of jubilee postage stamps and postcards in commemoration of the centennial of the first International Peace Conference.
Draft resolution II, on the United Nations Decade of International Law, would have the Assembly invite all States and international bodies named in
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the programme of action for the closing of the Decade to provide to the Secretary-General an update or supplementary information on activities they had undertaken.
The Assembly would appeal to States, international organizations and non-governmental organizations working in the field of international law and to the private sector to make financial or other contributions to facilitate the implementation of the programme of activities of the Decade.
The Secretary-General would be authorized to deposit, on behalf of the United Nations, an act of formal confirmation of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. States would be encouraged to consider ratifying or acceding to the Convention.
Further by the draft, the Secretary-General would be asked to provide all necessary assistance for the elimination of the historic backlog in the publication of the United Nations Treaty Series within the next biennium. He was also to ensure that hard copies of the Treaty Series and Multilateral Treaties Deposited with the Secretary-General are distributed to permanent missions free of charge.
Also, the Assembly would note with appreciation the activities undertaken by the International Committee of the Red Cross in the field of humanitarian law, including protection of the environment in times of armed conflict.
Draft resolution III, on draft principles and guidelines for international negotiations, would have the Assembly reaffirm a number of principles relevant to international negotiations, including: sovereign equality of all States; duty of States not to intervene in matters within the domestic jurisdiction of others; and settlement of international disputes by peaceful means.
By other terms of the draft text, the Assembly would affirm the importance of the conduct of negotiations in accordance with international law and in line with the guidelines in international negotiations, including: that negotiations be conducted in good faith; that the purpose and object of all negotiations be fully compatible with the principles and norms of international law, including United Nations Charter provisions; and that parties to negotiations adhere to a mutually agreed framework for conducting negotiations.
A draft resolution on the report of the International Law Commission on the work of its fiftieth session (document A/53/631) would have the Assembly recommend that the Commission continue its work on the topics in its current programme. The Commission would also be asked to continue to pay special attention to indicating in its annual report topics on which it would welcome
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the views of governments, either in the Sixth Committee or in written form.
The Assembly would stress the desirability of the enhancement of dialogue between the Commission and the Sixth Committee and would ask the Commission to submit recommendations to that effect.
By other terms of the draft, the Assembly would welcome the valuable work done by the Commission on the topic of "International liability for injurious consequences arising out of acts not prohibited by international law". It would ask the Commission, while continuing its work on prevention of such acts, to examine other issues arising out of the topic, and to submit recommendations on its future work on the subject.
The Assembly would reaffirm its previous decisions concerning the role of the Codification Division of the Office of Legal Affairs of the Secretariat and those concerning the summary records and other documentation of the Commission. It would once again express the wish that seminars would continue to be held in conjunction with the sessions of the Commission, and that an increasing number of participants from developing countries would be given the opportunity to attend. The Assembly would appeal to States to make voluntary contributions urgently needed for holding those seminars.
By the provisions of a draft resolution on the report of the United Nations Commission on International Trade Law (UNCITRAL) on the work of its thirty-first session (document A/53/632), the General Assembly, concerned that activities by other United Nations bodies in the field of international trade law without coordination with the Commission might lead to undesirable duplication of efforts, would call upon all bodies of the United Nations system to bear in mind the mandate of the Commission to organize international trade law. Other international organizations would similarly be invited to do the same.
The Assembly would appeal to governments to reply to a questionnaire circulated by the Secretariat on the legal regime governing the recognition and enforcement of foreign arbitral awards. States would be invited to nominate persons to work with a private foundation established to encourage assistance to the Commission from the private sector. The Commission would be asked to continue to maintain close cooperation with other international organs and organizations, including regional organizations, active in the field of international trade law.
By other provisions of the draft, the Assembly would reaffirm the importance, particularly for developing countries, of the Commission's work with training and technical assistance, including in the preparation of national legislation based on its legal texts. It would express the desirability for increased efforts by the Commission in sponsoring seminars and symposia to provide such assistance. In addition, the Assembly would appeal for voluntary contributions to the trust fund for travel assistance.
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The Committee's report on the Committee on Relations with the Host Country's report (document A/53/633) contains one draft resolution. It would have the Assembly endorse the Committee's recommendations and conclusions, including that to increase its membership by four new members -- one each from African, Asian, Latin American and Caribbean, and Eastern European States. The Assembly would also accept the recommendation that new members be chosen by the President of the General Assembly, in consultation with regional groups.
By the draft text, the Assembly would ask the host country to continue to take all measures necessary to prevent any interference with the functioning of missions, considering that the maintenance of appropriate conditions for their normal work was in the interests of the United Nations and all Member States. The host country would also be asked to consider removing travel controls imposed on staff of certain missions and Secretariat staff of certain nationalities.
The General Assembly would ask the host country to continue to take steps to resolve the problem relating to the parking of diplomatic vehicles in a fair, balanced and non-discriminatory way to respond to the growing needs of the diplomatic community and to continue to consult with the Committee on that important issue.
The Assembly would welcome the efforts of the Committee on Relations with the Host Country to identify affordable health care programmes for the diplomatic community, and would ask the Secretary-General to remain actively engaged in all aspects of the Organization's relations with the host country.
By a draft text on the establishment of an international criminal court (document A/53/634), the General Assembly would ask the Secretary-General to convene the Preparatory Commission, which would make practical arrangements for the Court's functioning, for three sessions in 1999: from 16 to 26 February; 26 July to 13 August; and 29 November to 17 December. The convening of the Commission was called for under resolution F adopted by the Rome United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court held in Rome from 15 June to 17 July.
(By resolution F, the Preparatory Commission would take all possible measures to ensure the coming into operation of the International Criminal Court, without undue delay, and to make the necessary arrangements for the commencement of its functions. Such measures include preparation of rules of procedure and evidence; elements of crimes; a relationship agreement between the Court and the United Nations; basic principles governing a headquarters agreement to be negotiated between the Court and the host country (Netherlands); and a budget for the first financial year. The draft texts of the rules of procedure and evidence and of the elements of crimes shall be finalized before 30 June 2000.)
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By other terms of the text, the Secretary-General would also be requested to make available secretariat services to the Preparatory Commission, excluding the preparation of working documents.
The General Assembly would call upon all States to consider signing and ratifying the Rome Statute, adopted at the Diplomatic Conference, and would encourage efforts to promote awareness of the results of the Conference and the provisions of the Statute. It would also acknowledge the historic significance of the adoption of the Rome Statute on 17 July.
Also, by the draft text, the Secretary-General would be asked to invite, as observers to the Preparatory Commission, representatives of organizations and other entities that have received a standing invitation from the General Assembly pursuant to its relevant resolutions to participate, as observers, in its sessions and work. He would also be asked to invite, as observers, representatives of interested regional intergovernmental organizations and other interested bodies, including the International Tribunals for the Former Yugoslavia and Rwanda.
Furthermore, he would be requested to take steps to expand the mandate of the trust funds established in Assembly resolutions 51/207 and 52/160 for voluntary contributions towards meeting the costs of participation in the work of the Preparatory Commission of the least developed countries and specified developing countries, respectively.
The General Assembly would note that non-governmental organizations might participate in the work of the Preparatory Commission, including attending its plenary and other open meetings, in accordance with the rules of procedure to be adopted by the Preparatory Commission, receiving copies of official documents and making available their materials to delegates.
The report on the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/53/635) contains two draft resolutions.
By draft resolution I, on the report of the Special Committee, the Assembly would direct the Special Committee to hold its next session from 12 to 23 April 1999.
The Assembly would ask the Special Committee to continue to consider during that session all proposals concerning the question of the maintenance of international peace and security in all its aspects and to strengthen the role of the United Nations. The Special Committee would also be asked to consider the revised working paper entitled "Basic conditions and criteria for the introduction of sanctions and other coercive measures and their implementation", and another working paper on the draft declaration on the basic principles and criteria for the work of the United Nations peacekeeping
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missions and mechanisms for the prevention and settlement of crises and conflicts.
The Special Committee would be asked to continue to consider, on a priority basis, the implementation of Charter provisions on assistance to third States affected by the application of Chapter VII sanctions. It would also be asked to continue its work on the peaceful settlement of disputes between States, including a proposal for the establishment of a dispute- settlement service to be used early in a dispute, as well as proposals on enhancing the role of the International Court of Justice. It would further be asked to again examine practical ways and means to strengthen the Court.
Further by the draft text, the Special Committee would be requested to continue its consideration of proposals concerning the Trusteeship Council. The Secretary-General would be asked to continue his efforts to identify resources to prepare supplements to the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council and, in particular, to complete the two remaining volumes of Supplement No. 5 to the Repertory and to submit a progress report on the matter to the General Assembly at its fifty-fourth session.
The Assembly would invite the Special Committee, at its 1999 session, to continue to identify subjects for its future consideration, as a contribution to the Organization's revitalization, and to discuss improvements in coordination with other working groups also involved with reform.
By draft resolution II, on implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions, the General Assembly would renew its invitation to the Security Council to consider establishing further appropriate mechanisms or procedures for holding early consultations on resolving the special economic problems of third States arising from preventive or enforcement measures imposed by the Council under Chapter VII of the Charter.
The Assembly would strongly recommend that the Council continue its efforts to further enhance the functioning of its sanctions committees, streamline their working procedures and facilitate access to them by representatives of the third States affected by sanctions. The draft would reaffirm the important role of the Assembly, the Economic and Social Council and the Committee for Programme and Coordination (CPC) in the mobilization and monitoring of economic assistance for the third States.
The Secretary-General would be asked to ensure that competent units within the Secretariat continue to develop a possible methodology for assessing the adverse consequences actually incurred by those third States. By other provisions of the draft, organizations of the United Nations system, international financial institutions, other international organizations,
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regional organizations and Member States would be invited to address more specifically and directly the special economic problems of the affected third States.
The report on measures to eliminate international terrorism (document A/53/636) contains one draft resolution. Under its provisions, the Assembly, deeply disturbed by the persistence of terrorist acts, would strongly condemn such acts as criminal and unjustifiable, wherever and by whomsoever committed. It would reiterate that criminal acts intended or calculated to provoke a state of terror for political purposes are unjustifiable in any circumstance.
The text reiterates the Assembly's call upon all States to intensify the exchange of information on facts related to terrorism and to avoid the dissemination of inaccurate or unverified information. The Assembly would urge that all States consider, as a matter of priority, becoming parties to relevant conventions and protocols, as well as to the International Convention for the Suppression of Terrorist Bombings. States would be called upon to enact domestic legislation necessary to ensure the trial of perpetrators of terrorist acts. Further, the Assembly would take note of measures to strengthen the capacity of the Centre for International Crime Prevention to enhance international cooperation and improve the response of governments to terrorism.
By other terms of the draft, the General Assembly would decide that its Ad Hoc Committee established by resolution 51/210 of 17 December 1996 would continue to elaborate a draft international convention for the suppression of acts of nuclear terrorism to complete the instrument. It would also have the Ad Hoc Committee elaborate the draft of an international convention for the suppression of terrorist financing to supplement related existing international instruments. The Ad Hoc Committee would subsequently address the means to further develop a comprehensive legal framework of conventions dealing with international terrorism, including considering, on a priority basis, the elaboration of a comprehensive convention on international terrorism.
Furthermore, the Assembly would decide that the Ad Hoc Committee meet from 15 to 26 March 1999 to begin work on the draft international convention for the suppression of terrorist financing. The Assembly would recommend that the work continue during its fifty-fourth session from 27 September to 8 October 1999 within the framework of a working group of the Sixth Committee. The Ad Hoc Committee would be convened in 2000 to continue its work on the draft international convention for the suppression of terrorist financing.
A draft decision on review of the Statute of the Administrative Tribunal of the United Nations (document A/53/637) would have the General Assembly include that item on the agenda of its fifty-fourth session.
Action on Sixth Committee Reports
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RYTIS PAULAUSKAS (Lithuania), Rapporteur of the Sixth Committee, introducing the Committee's reports, said 13 draft resolutions and a draft decision were approved by the Sixth Committee, all without votes. He also informed the Assembly that at its meeting on 26 October, the Committee requested its Chairman to transmit the observations submitted by the International Court of Justice in response to paragraph 4 of General Assembly resolution 52/161 of December 1997, to the Chairman of the Fifth Committee (Administrative and Budgetary) for possible consideration by that Committee. The Court's observations concerning its need for more resources to meet its increased workload were transmitted on 27 October through the President of the Assembly, the Rapporteur said.
The Assembly adopted the draft resolution on the status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts, without a vote.
MIKHAIL WEHBE (Syria), said his delegation had joined in the consensus, but it would have preferred different wordings for certain of its provisions. He recalled the meeting of experts last October which considered the general problems in the implementation of the Fourth Geneva Convention, particularly its application in occupied Palestinian territories. The General Assembly, at its tenth special session, had stated that there was a need for holding of an international conference of the High Contracting Parties of the Fourth Geneva Conventions, as soon as possible. He observed that Protocol I to the Conventions enjoined States to refrain from the use of force in international relations and that force should not be used against the sovereignty and territorial integrity of States. Noting that the Conventions dealt with the right of peoples to resist racial domination and for self-determination, he said Israel continued to apply torture, detention of Palestinians and destruction of their houses on a daily basis. It was incumbent on the international community to ensure that Israel abided by the provisions of the Geneva Conventions.
MOHAMMED GOMAA (Egypt), explaining his country's positions, said the international community had recognized that the Additional Protocols applied to the Palestinian question. There should be a meeting of the High Contracting Parties to deal with the Palestinian question. He drew attention to article 7 of Protocol I which provided for holding of a meeting of the Contracting Parties at the request of one of them.
The Assembly then adopted the draft resolution on consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives, without a vote.
It then adopted, without a vote, the draft resolution on a convention on jurisdictional immunities of States and their property.
LUIS VALENCIA RODRIGUEZ (Ecuador), speaking before action on the three
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resolutions presented under the topic of United Nations Decade of International Law, said that one of the objectives sought by declaring the Decade was the progressive development of international law and its codification. The recent agreements concluded between Peru and Ecuador, as the result of a long process of negotiation, was a clear example of that progressive development. The agreements had put an end to the Peru-Ecuador territorial conflict which had existed for years. The two countries had demonstrated to the world that international law was neither static nor stagnant.
After giving an overview of the agreements, he said the innovations contained in them and which had been achieved by both countries within the context of international law, were fundamental. As a further indication of the political will of the two countries to promote the progressive development of international law, a request would be made to have all the texts of the agreements reproduced as General Assembly and Security Council documents. He concluded by stating support for draft resolution on the Decade for International Law.
The draft resolution on action dedicated to the 1999 centennial of the first International Peace Conference and to the closing of the United Nations Decade of International Law was adopted by the Assembly, without a vote.
The Assembly then adopted draft resolution I on the United Nations Decade of International Law, without a vote. The draft resolution on draft principles and guidelines for international negotiations, was adopted, without a vote.
The Assembly then adopted the draft resolution on the work of the International Law Commission, without a vote.
The draft resolution on the United Nations Commission on International Trade Law (UNCITRAL) was also adopted, without a vote.
The draft resolution on The Committee on Relations with the Host Country (document A/53/633) was then adopted, without a vote.
ALFONSO VALDIVIESO (Colombia), speaking before action on the draft resolution on the establishment of an International Criminal Court, expressed satisfaction with the text, which he said reflected the historic importance of the decisions adopted at the Rome United Nations Diplomatic Conference of Plenipotentiaries on the establishment of the Court. The adoption of the Rome Statute constituted a milestone in the codification and progressive development of international law and fulfilled the aspirations of the international community to bring an end to impunity for grave violations of human rights.
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He announced that his Government would sign the Statute on 10 December, after having held broad consultations with State entities and various organizations representing civil society. The Government of Ecuador underscored the importance it attached to the establishment of the Court, as well as its important link to the issue of human rights.
The draft resolution on the Establishment of the International Criminal Court was adopted without a vote.
NANCY SODERBERG (United States), commenting on the International Criminal Court text, recalled the United States statement before the Sixth Committee during which it had explained in detail its view that certain provisions of the current Treaty were unacceptable. However, she expressed appreciation to all the governments that had worked so hard and in good faith to finalize the resolution -- a constructive text which merited approval by consensus.
The United States had joined the consensus in significant part because the fourth operative paragraph provided an opportunity during the Preparatory Commission for a serious discussion on ways to enhance the effectiveness and acceptance of the Court among governments, she said. To be fruitful, that effort should enable a process to unfold resulting in a Treaty that could attract United States support and that of other governments representing large and diverse parts of the global population. "We believe the effectiveness and acceptance of the Court will depend, to a significant degree, on the definition of the Court's jurisdiction and whether the Court addresses the fundamental concerns of a wide range of governments", she said. She added that the problems with the Rome Treaty were solvable.
She said the advantages that could be derived from United States support for the International Criminal Court greatly outweighed any theoretical benefit derived from jurisdictional provisions that might not be effective, were objectionable under international law, and ran the risk of dividing the
international community on the issue of international justice, something that would be difficult enough to achieve if all were in a position to act together.
Turning to the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, the Assembly adopted, without a vote, the draft resolution on the Committee's work.
The draft resolution on Implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions, was also adopted without a vote.
Also acting without a vote, the Assembly adopted the draft resolution on
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measures to eliminate international terrorism.
OMER DAHAB FADOL MOHAMMED (Sudan) said the unilateral actions of some countries against the sovereignty and territorial integrity of other countries with the ultimate aim of achieving terrorism were not only unacceptable as an instrumentality, they were acts of terror that resulted in chaos, confusion and injustice. They had nothing to do with combatting terrorism.
He said the United States claim that its attack last August against the pharmaceutical plant in the Sudan was an anti-terrorism act was blatantly false and completely untrue. The Sudan had proven that the United States attack was a terrorist act which had nothing to do with the lofty objective of combatting terrorism. He recalled that the Movement of the Non-Aligned Countries had, during its recent summit, unequivocally condemned the American aggression against his country.
ABDUSSALAM A. SERGIWA (Libya) said his delegation had joined in the consensus on the draft on terrorism. It reaffirmed its condemnation of international terrorism, in all its forms and manifestations. Noting the resolution had not defined international terrorism, he said Libya's support for the draft resolution should not be interpreted to mean that it did not support the right of peoples for self-determination. He added that it did not support State terrorism.
MUHHAMAD NAJIM AKBAR (Pakistan) said his country condemned terrorism in all its forms and manifestations. The General Assembly had been emphasizing the need to address terrorism in a comprehensive manner. The Sixth Committee should address the issue of definition of terrorism, which was of fundamental importance. His country supported the position of the Non-Aligned Movement that the struggle of national liberation movements did not constitute terrorism.
CAROLYN L. WILLSON (United States), exercising the right of reply, said the representative of the Sudan had not adhered to the President's remarks that statements made in explanation of position in the Committee could not be repeated in plenary. She said the Sudan had restated the accusations it made against the United States in the Committee. She referred delegations to the United States response to that accusation in the Committee.
Mr. MOHAMMED (Sudan), in exercise of a right of reply, said his delegation had not made its statement in the Committee.
Finally, the draft decision on review of the Statute of the Administrative Tribunal of the United Nations was adopted without a vote.
MARWAN JILANI, observer of Palestine, expressed satisfaction that the draft resolution entitled "Status of the Protocols Additional to the Geneva
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Conventions of 1949" had been adopted by consensus. His delegation noted the provision of paragraph 8 of the resolution which referred to the holding, last October, of the meeting of experts on general problems of the implementation of the Fourth Geneva Convention during which the problems of its application in occupied territories had been considered. He stressed the importance of implementing the recommendations of the tenth special session of the General Assembly regarding the convening of a conference of the High Contracting Parties to the Fourth Geneva Convention, on measures to enforce the Convention in the occupied Palestinian territories, including Jerusalem.
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