Also Adopts 11 Other Resolutions on Law-related Matters Including International Criminal Court, Law Commission, UNCITRAL
The General Assembly this afternoon adopted an international convention designed to cut off funding for terrorist activities.
The new instrument, by which States would be required to make the provision of such funding a criminal offence under their domestic laws, and to confiscate assets allocated for terrorist purposes, was adopted on the recommendation of the Assembly's Sixth Committee (Legal). The resolution by which that action was taken was one of 12 recommended by the Committee, all but one of which the Assembly adopted without a vote. Drafting of other international instruments, and finalization of preparations for the operation of the new International Criminal Court, were among the activities mandated by those texts.
The 28-article Convention on the Suppression of the Financing of Terrorism requires States parties to criminalize the provision or collection of funds for acts defined as offences by previous anti-terrorism conventions or as further defined in its own provisions. Subscribing States would also have to cooperate with one another in investigations and extraditions in respect of such offences. Funds known to be allocated for terrorist purposes would have to be frozen or seized.
The convention, which is intended to supplement the 11 existing anti-terrorism conventions covering such issues as bombings, hostage-taking and hijackings, will open for signature on 10 January 2000, and will enter into force once it has received 22 ratifications.
In another resolution on terrorism -- adopted by a recorded vote of 149 in favour to none against, with 2 abstentions (Lebanon, Syria) -- the Assembly asks States to enact legislation to ensure that violators of the 11 United Nations anti- terrorism instruments are brought to trial. It strongly condemns all acts of terrorism -- regardless of who perpetrates them or why -- as criminal and unjustifiable, and urges States to consider, as a matter of priority, becoming parties to the various anti-terrorism instruments previously adopted by the Assembly. (For details of the vote, see Annex.)
The representative of Cuba explained that it was supporting the text, but wanted to see the Assembly's anti-terrorism initiatives clarified by a clear distinction between terrorism and the legitimate struggles of people for national liberation or freedom from foreign occupation.
By a resolution on the International Criminal Court, the Assembly has scheduled two extra sessions for the Court's Preparatory Commission, to enable it to finalize work on two key texts -- Rules of Procedure and Evidence and Elements of Crimes -- by the deadline of 30 June 2000. The Preparatory Commission will be convened next year from 13 to 31 March, 12 to 30 June and 27 November to 8 December.
By a resolution on the International Law Commission, the Assembly draws the attention of Governments to the importance of providing their views to the Commission on various issues on the Commission's agenda, and stresses the desirability of enhancing dialogue between the Commission and the Sixth Committee.
The Assembly reiterates its invitation to Governments to submit written comments by 1 January 2000 on the draft articles on international liability for injurious consequences arising out of acts not prohibited by international law (prevention of transboundary damage from hazardous activities) and to respond in writing by 1 March 2000 to a questionnaire on unilateral acts of State. It also invites Governments to submit information on national legislation, judicial rulings and practice relevant to "diplomatic protection".
That resolution also provides that the next session of the Commission will be held in two three-week segments, from 1 May to 6 June and 10 July to 18 August 2000.
Also adopted was a resolution calling for work on a draft convention on jurisdictional immunities of States and their property to continue next year in an open-ended working group of the Sixth Committee. The working group is instructed to consider not only outstanding substantive issues related to the draft articles on jurisdictional immunity that were adopted by the Commission in 1991, but also the form in which they should be codified.
In other action, the Assembly has decided to continue consideration of draft articles elaborated by the International Law Commission on “nationality of natural persons in relation to succession of States”, with a view to adopting the articles as a declaration at its next regular session.
In a resolution on the United Nations Commission on International Trade Law (UNCITRAL), the Assembly hails the progress made by the Commission this year in finalizing various trade law texts, and urges States to become parties to the conventions produced by UNCITRAL. It calls for higher priority to be given to UNCITRAL’s work, in view of the increasing value to global economic development of the modernization of international trade law. In particular, Member States are invited to nominate persons to work with the foundation established to encourage private-sector assistance to the Commission. The Assembly also appeals for voluntary contributions to UNCITRAL’s trust funds, which finance the travel of its developing-country members and the holding of seminars and symposia.
A resolution on the Special Committee on the Charter of the United Nations and on Strengthening the Role of the Organization sets the date for the Committee’s next session from 10 to 20 April 2000. The Charter Committee is asked to give priority to the question of assistance to third States affected by sanctions imposed under Chapter VII of the Charter, taking into account various proposals and discussions on the subject. The Assembly also asks the Committee to continue consideration of proposals relating to the peaceful settlement of disputes, including those on a dispute settlement service and enhancement of the role of the International Court of Justice.
By a separate resolution, the Assembly asks the Secretary-General to continue work on ways to help third States affected by Security Council sanctions, and asks the Council to make itself more accessible to consultation by third States experiencing economic problems due to sanctions imposed on their neighbours or trading partners. The Secretary-General is also asked to ensure that the Secretariat is able to collect information about international assistance available to those States, and to continue developing a methodology for assessing the adverse consequences they may be suffering.
In a resolution on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, the Assembly authorizes the continuation of various educational activities, including international law fellowships, seminars and grants for travel to such events, subject to the availability of funds. It asks the Secretary-General to consider the possibility of having Programme components admit candidates whose participation is fully funded by their countries, and to consider the merits of funding regional, sub-regional or national courses, rather than organizing courses within the United Nations system. The representative of the Solomon Islands explained that his Government would have preferred the Programme to aim at raising the awareness of the general public on international law issues, and suggested that the Programme would be better funded if its scope were less narrow.
In another resolution, on the report of the Committee on Relations with the Host Country, the Assembly requests the host country [the United States] to continue to try to resolve problems related to diplomatic parking and to consider lifting the travel restrictions it has imposed on staff of certain diplomatic missions and United Nations staff members of certain nationalities. The resolution also stresses the importance of diplomatic missions and their personnel meeting their financial obligations.
Also this afternoon, the Assembly adopted a resolution expressing its appreciation to the International Court of Justice for the measures it has adopted to handle an increased workload with maximum efficiency. It invites States that appear before the Court to consider favourably the guidance offered by the Court concerning submission of written pleadings and, whenever possible, to help expedite the proceedings. The Assembly has also decided to keep the review of the Statute of the United Nations Administrative Tribunal on its agenda for next year, and to take note of a joint proposal by France, Ireland and the United Kingdom that would amend the Statute's provisions to make them more specific with respect to the qualifications and impartiality of judges.
Statements in explanation of vote were made by the representatives of Solomon Islands, Cuba, Iraq, Russian Federation and Lebanon.
The General Assembly meets next at 10 a.m. tomorrow to discuss the situation in Afghanistan and the need for emergency international assistance for that country. It will also take up its agenda item on dialogue among civilizations.
Assembly Work Programme
The General Assembly met this afternoon to consider the reports of its Sixth Committee (Legal). Recommendations contained in those reports included a draft convention ready for adoption -- on the suppression of the financing of terrorism -- and instructions for the ongoing work of the International Law Commission, UNCITRAL, the Charter Committee and the Host Country Relations Committee. Other recommendations dealt with such issues as measures to eliminate nuclear terrorism and a draft convention on jurisdictional immunities of States and their property. The Committee also recommended adoption of a draft resolution on further preparations for the operation of the International Criminal Court.
Sixth Committee reports
A draft resolution on the draft convention on jurisdictional immunities of States and their property, embodied in document A/54/607, recommends that the Assembly take note of the report of the working group of the International Law Commission on that topic (annexed to the Commission’s annual report, document A/54/610) and urge States to submit written comments on it to the Secretary-General by 1 August 2000. The Assembly would have the Sixth Committee’s working group (established under resolution 53/98) continue its work on the subject at the Assembly’s next session, dwelling on the final form of, and outstanding substantive issues related to, the draft articles on jurisdictional immunities that were elaborated by the Commission in 1991. The Committee approved the text, without a vote, on 19 November.
By a draft resolution on the United Nations programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law contained in the Sixth Committee’s report on that programme (document A/54/608), the General Assembly would approve the Secretary-General’s guidelines and recommendations for administration of the programme (outlined in his report, contained in document A/54/515), particularly those designed to achieve the best possible results with maximum financial restraint.
The Secretary-General would be authorized to undertake in 2000 and 2001 a number of activities set out in his report. These include the provision of international law fellowships, a scholarship under the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea (subject to the availability of new voluntary contributions made specifically to the fellowship fund), and travel grants for scholars, subject to the availability of overall programme resources. The draft was approved by the Committee on 19 November, without a vote.
The Sixth Committee’s report on the work of the 1999 session of the International Law Commission (document A/54/610) also contains two draft resolutions.
By draft resolution I, on the Commission's report –- approved without a vote on 19 November -- the Assembly would draw the attention of Governments to the importance of the Commission having their views on the items on its agenda, with particular attention to such topics as: State responsibility; reservations to treaties; unilateral acts of States; international liability for injurious consequences arising out of acts not prohibited by international law; and protection of the environment.
The Assembly would reiterate its invitation to Governments to submit comments in writing by 1 January 2000 on the Commission’s draft articles on international liability for injurious consequences arising out of acts not prohibited by international law (prevention of transboundary damage from hazardous activities). Governments would also be reminded to respond by 1 March 2000 to the questionnaire on unilateral acts of States circulated by the Secretariat on 30 September 1999. The Assembly would also reiterate its invitation to Governments to submit their national legislation, judicial rulings and practice relevant to the issue of “diplomatic protection”.
The Assembly would decide that the International Law Commission hold a split session next year at the United Nations Office at Geneva, from 1 May to 9 June and from 10 July to 18 August.
By draft resolution II, on nationality of persons in relation to the succession of States, the General Assembly would decide to keep that item on its agenda for next year's regular session, with a view to finalizing the Commission’s draft articles on the topic and adopting them as a declaration at that session. In the longer term, Governments would be invited to submit comments on a possible convention on the subject with a view to the Assembly considering the elaboration of such an instrument at a future session. The Sixth Committee approved the draft text, without a vote, on 18 November.
The Committee’s recommendations on the report of the United Nations Commission on International Trade Law (document A/54/611) were contained in a draft resolution that would have the General Assembly hail the progress made this year by the Commission in finalizing various trade law texts, including one on electronic commerce. The Assembly would urge States to become party to the conventions that UNCITRAL produces. It would call for high priority to be given to the Commission’s work, in view of the increasing value to global economic development of the modernization of international trade law.
In particular, Member States would be invited to nominate persons to work with the foundation established to encourage private-sector assistance to UNCITRAL. An appeal would also be made for voluntary contributions to the Commission’s trust funds for travel assistance to representatives of developing countries and for financing of seminars and symposia. The Sixth Committee approved the text without a vote on 11 November.
The Sixth Committee’s report on the work of the Committee on Relations with the Host Country (document A/54/612) would have the Assembly endorse the Committee’s recommendations and conclusions. These include a request to the host country (United States) to continue to take measures to prevent any interference with the functioning of missions accredited to the United Nations. In particular, the Assembly would ask the host country to strive to resolve the problem relating to the parking of diplomatic vehicles in a fair, balanced and non-discriminatory way, responding to the growing needs of the diplomatic community.
Further by the text, the host country would be asked to consider removing the travel controls it has imposed on the staff of certain missions and Secretariat staff members of certain nationalities. Along with those recommendations, the Host Country Committee’s report stresses the importance of permanent missions, their personnel and Secretariat staff meeting their financial obligations. The Sixth Committee approved the draft on 18 November, without a vote.
By a draft resolution on the establishment of an International Criminal Court contained in the Sixth Committee’s report on that subject (document A/54/613), the Assembly would ask the Secretary-General to convene three sessions of the Court’s Preparatory Commission in the year 2000: from 13 to 31 March; 12 to 30 June; and 27 November to 8 December.
All States would be called upon to consider signing and ratifying the Statute of the Court adopted in Rome by the United Nations Diplomatic Conference of Plenipotentiaries on 17 July 1998. The Assembly would encourage States to make voluntary contributions to the trust funds set up to defray the costs of the participation of developing countries in the work of the Preparatory Commission. The text was approved by the Sixth Committee on 19 November, without a vote.
The Sixth Committee’s recommendations on the report of the Special Committee on the Charter of the United Nations and on Strengthening the role of the Organization (document A/54/614), are contained in three draft resolutions.
By draft resolution I, on the Charter Committee’s report, approved by the Sixth Committee on 16 November, without a vote, the General Assembly would take note of that report and decide that the Charter Committee should hold its next session from 10 to 20 April 2000. The Committee would be asked to consider at that session all proposals concerning the question of the maintenance of international peace and security and, on a priority basis, to continue considering the question of the implementation of Charter provisions related to assistance to third States affected by the application of sanctions under Chapter VII.
The Charter Committee would further be asked to continue consideration of proposals relating to the peaceful settlement of disputes, including: a proposal to establish a dispute settlement service that could provide services at an early stage; and proposals to enhance the role of the International Court of Justice. Proposals for ways to strengthen the Court would also be kept under consideration, with the provision that any action taken should not imply changes in the Charter or the Court’s Statute.
By draft resolution II, on assistance to third States affected by sanctions, the Assembly would ask the Secretary-General to ensure the Secretariat’s ability to collect information about international assistance available to those countries and to continue developing a methodology for assessing the adverse consequences they incur. Recalling the right of those States to consult the Security Council about their problems, the Assembly would renew its invitation to the Council to consider further mechanisms or procedures for such consultations. It would again welcome steps taken by the Council to increase the effectiveness and transparency of its sanctions committees.
The text would reaffirm the important role of the General Assembly, the Economic and Social Council and the Committee for Programme and Coordination in mobilizing and monitoring the economic assistance efforts by the international community and the United Nations system to those third States. The Sixth Committee approved it without a vote on 12 November.
Draft resolution III, on strengthening the International Court of Justice, approved without a vote on 11 November, would have the Assembly express its appreciation to the Court for the measures it had adopted to handle an increased workload with maximum efficiency. It would invite States that appear before the Court to consider favourably its guidance concerning submission of written pleadings and, whenever possible, to help expedite the proceedings.
The Sixth Committee’s report on measures to eliminate international terrorism (document A/54/615) contains two draft resolutions.
Draft resolution I, by which the General Assembly would adopt the draft Convention for the Suppression of the Financing of Terrorism, was approved by the Committee without a vote on 18 November. It would have the Assembly ask the Secretary-General to open the convention for signature at Headquarters from 10 January 2000 until 31 December 2001, while urging all States to become parties to it.
According to the provisions of the 28-article draft convention (annexed to the resolution) it would be an offence for any person unlawfully and intentionally to finance a person or an organization in the commission of an act that constituted a terrorist offence -– either within the scope of the convention or as defined in nine anti-terrorism treaties, covering such issues as hostage-taking, hijacking and crimes against diplomats. Under the convention, an offence is also committed if financing is provided for an act intended to cause death or serious bodily injury to any person not taking part in armed conflict. Each State party would be required to adopt measures to criminalize offences outlined in the convention under its domestic laws.
The Convention would enter into force on the thirtieth day following the date of the deposit of the twenty-second instrument of ratification, acceptance, approval or accession with the Secretary-General.
Draft resolution II, on measures to eliminate international terrorism, would have the Assembly strongly condemn all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomsoever they were committed. The Assembly would urge States, as a matter of priority, to consider becoming parties to the anti-terrorism conventions and protocols listed in Assembly resolution 51/210.
The Assembly would call on all States to enact legislation to implement the provisions of the specified anti-terrorism conventions and protocols to ensure that perpetrators of terrorist acts were brought to trial.
It would decide that the Ad Hoc Committee established under resolution 51/210 should meet from 14 to 18 February 2000 to conclude the elaboration of a draft convention for the suppression of acts of nuclear terrorism. The Ad Hoc Committee would also look at ways to further develop a comprehensive legal framework of conventions dealing with international terrorism, and discuss the possibility of convening a high-level conference under United Nations auspices to formulate a joint organized response to terrorism in all its forms and manifestations. It would also meet from 25 September to 6 October 2000 within the framework of next year’s session of the Sixth Committee, and continue its work in 2001.
The Sixth Committee approved draft resolution II on 23 November, by 116 votes in favour to none against, with 3 abstentions. After the vote, the representatives of Ghana, Togo, Benin, Congo and Yemen requested also to be put on record as having been in favour of the text.
The final report of the Sixth Committee (document A/54/616) contains a draft decision on review of the Statute of the Administrative Tribunal of the United Nations. The Sixth Committee approved the text without a vote on 18 November. By its terms, the General Assembly would decide to include the subject in the provisional agenda of its 2000 session, taking note of a draft resolution presented in the Sixth Committee by France, Ireland and the United Kingdom, on which no action was taken. That text would have had the General Assembly amend article 3 of the Tribunal’s Statute, so as to specify the qualifications and impartiality of Tribunal members.
Action on Recommendations of Sixth Committee
JOSKO KLISOVIC (Croatia), introducing the reports of the Sixth Committee, recalled that on 17 November, the General Assembly had adopted the Committee's report on the United Nations Decade of International Law, in a plenary meeting marking the closing of the Decade. The Committee’s report on the Decade (document A/54/609) contained two draft resolutions -- one on the outcome of the observance of the 1999 Centennial of the first International Peace Conference, and one on the Decade itself.
In its first action, the Assembly adopted without a vote, the draft resolution on the convention on jurisdictional immunities of States and their property contained in document A/54/607.
The Assembly next took up the draft resolution in the report (document A/54/608) on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law.
The representative of the Solomon Islands, speaking in explanation of position before the vote on the text, said his country would join the consensus on the resolution. However, it had sought a broader Programme, designed to reach as many people as possible through electronic and print media, schools and adult education. Unfortunately, the funding available was very limited. He believed that would always be the case as long as the programme’s objectives were very limited. While the provision of fellowships and travel grants and funding for seminars and courses were commendable and welcome, they amounted to pitifully little in the face of what needed to be done to raise public awareness of international law. If Member States were truly interested in achieving the widest appreciation of international law, the United Nations knew how to mobilize resources and how to generate more, he said.
The Assembly went on to adopt the text without a vote.
Next, the Assembly adopted, also without a vote, the draft resolution on the United Nations Commission on International Trade Law contained in document A/54/611.
The draft text on the report of the Committee on Relations with the Host Country contained in document A/54/612 was also adopted without a vote.
The Assembly then adopted, without a vote, the draft text on the International Criminal Court contained in document A/54/613.
The Assembly proceeded to act on the Sixth Committee’s report on the work of the Charter Committee (document A/54/614), which contains three draft resolutions.
Draft resolution I, on the Charter Committee’s report, was adopted by the Assembly without a vote.
Draft resolution II, on assistance to third States affected by sanctions, was adopted without a vote, as was draft resolution III, on the International Court of Justice.
The Assembly next took up the Committee’s report on measures to eliminate international terrorism (document A.54/615) containing two draft resolutions.
The representative of Cuba, speaking in explanation of position on draft resolution II, on measures to eliminate international terrorism, said she intended to vote in favour of the draft in order to reaffirm the role of the General Assembly as the truly universal forum best placed to combat terrorism. Cuba condemned terrorism in all its forms and manifestations. It supported all efforts of the United Nations system to combat terrorism, including the proposal to hold a global conference. Seldom, however, was the issue of international terrorism considered thoroughly. It was therefore necessary to define terrorism, and to do so in a way that distinguished it from the legitimate struggle of peoples for self-determination or against foreign occupation.
The representative of Iraq, speaking in explanation of position on draft resolution I, on the convention on terrorist financing, expressed concern that the text did not include a definition of terrorism; that would open the way for abuses. His delegation would support the consensus, but it had reservations on some of the provisions of the convention.
The Assembly then adopted without a vote draft resolution I, on the International Convention for the Suppression of the Financing of Terrorism.
A vote was requested on draft resolution II, on measures to eliminate international terrorism.
The draft text was adopted by 149 votes in favour to none against, with 2 abstentions. (For details of the vote, see Annex.)
The representative of the Russian Federation said the adoption of the convention represented an important contribution to the fight against terrorism. His delegation however, had difficulties with some provisions regarding extradition of offenders. It had in 1997 expressed a similar position upon the adoption of the International Convention against Terrorist Bombings. His delegation believed that States must not evade their responsibilities with regard to extradition and legal assistance.
The representative of Lebanon said he had joined in the consensus on the adoption of the convention, but it had several reservations. The convention did not include a definition of terrorism. It also included new crimes that had not been among the crimes specified in the anti-terrorism instruments cited in the Annex to the convention. Provisions dealing with bank accounts ran counter to Lebanese banking secrecy laws. Nevertheless, his delegation had joined in the consensus because of Lebanon’s support for the fight against international terrorism.
The Assembly adopted, without a vote, the draft decision contained in the Committee’s report on the Review of the Statute of the Administrative Tribunal of the United Nations (document A/54/616). Finally, the Assembly took up the report of the Sixth Committee on the work of the International Law Commission (document A/54/610), containing two draft resolutions.
The budgetary implications of the draft were contained in a report of the Fifth Committee (document A/54/158), the Acting President of the Assembly announced. [According to that report, adoption of the resolution would entail an additional expenditure of $105,200.]
The Assembly went on to adopt draft resolution I, on the annual report of the International Law Commission, and draft resolution II, on nationality of natural persons in relation to succession of States, both without a vote.
The Assembly thus concluded its action on the reports of the Sixth Committee.
(annex follows) General Assembly Plenary Press Release GA/9683 76th Meeting (PM) 9 December 1999
ANNEX
Vote on resolution 54/110
The draft resolution on measures to eliminate terrorism (draft resolution II in document A/54/615) was adopted by a recorded vote of 149 in favour to none against, with 2 abstentions, as follows:
In Favour: Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cameroon, Canada, Cape Verde, Chile, China, Colombia, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Lao People’s Democratic Republic, Latvia, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritius, Mexico, Monaco, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Swaziland, Sweden, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia,
Against: None.
Abstain: Lebanon, Syria
Absent: Afghanistan, Albania, Bosnia and Herzegovina, Chad, Comoros, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Djibouti, Dominica, Federated States of Micronesia, Gabon, Gambia, Kiribati, Marshall Islands, Mongolia, Nauru, Nicaragua, Palau, Papua New Guinea, Philippines, Rwanda, Saint Kitts and Nevis, Seychelles, Suriname, Tonga, Zimbabwe
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