NEED TO MAXIMIZE OBSERVANCE OF LAWS OF ARMED CONFLICT EMPHASIZED IN LEGAL COMMITTEE DEBATE ON DECADE OF INTERNATIONAL LAW
Press Release
GA/L/2891
NEED TO MAXIMIZE OBSERVANCE OF LAWS OF ARMED CONFLICT EMPHASIZED IN LEGAL COMMITTEE DEBATE ON DECADE OF INTERNATIONAL LAW
19951116 The changing nature of armed conflict in recent years -- more often occurring at a non-international level, with civilian populations deliberately targeted and terrorized -- had presented increasing challenges to the traditional rules and principles of international humanitarian law, the representative of Australia told the Sixth Committee (Legal) this morning.As the Committee continued its discussion of the United Nations Decade of International Law (1990-1999), he said that the sheer volume of armed conflict during the 1990s was reason to maximize observance of the laws of armed conflict.
Moldova's representative said that United Nations conflict resolution mechanisms suffered from a "lack of specificity" when it came to drawing legal distinctions between political and inter-ethnic conflicts. The impartial intervention of the Organization and of regional bodies such as the Organization for Security and Cooperation in Europe (OSCE) had meaningful possibilities for resolving regional conflicts, including internal ones.
The representative of Nicaragua said that the System of Central American Integration had been created to strengthen security and promote respect for international law in that subregion. A Central American Court of Justice had also been established recently.
The representative of the United States said that the American Society of International Law had undertaken a project financed by the Ford Foundation to create an International Law Communications Network. The representative of Spain, speaking on behalf of the European Union, welcomed conversion of the United Nations Treaty Series into an electronic database, and the placement of the Collection of Multilateral Treaties deposited with the Secretary-General on the Internet.
Also speaking this morning were the representatives of Nepal, Republic of Korea, Ecuador, Chile and Nigeria.
When the Sixth Committee meets again at 10 a.m. tomorrow, 17 November, it is expected to complete discussion of the Decade of International Law.
Committee Work Programme
The Sixth Committee (Legal) met this morning to continue its consideration of issues related to the United Nations Decade of International Law (1990-1999). The purposes of the Decade are to promote the principles of international law and methods for the peaceful settlement of inter-State disputes; encourage the progressive development and codification of international law; and encourage the teaching, study, dissemination and wider appreciation of international law. The Committee had before it a Report of the Secretary-General (document A/50/368 and Add.1 and 2). For background information, see Press Release GA/L/2889 of 14 November.
Statements
ERNESTO RODRIGUEZ LANUZA (Nicaragua), speaking on behalf of Costa Rica, El Salvador, Guatemala, Honduras, Panama and Nicaragua, said a series of measures had been taken in his region in connection with the Decade. A System of Central American Integration had been created to strengthen legal security and promote mutual respect between the countries of the region, which also endeavoured to promote respect for the Charter of the United Nations. The purposes of promoting international law at the regional level were pursued, as well.
Following the conceptual framework of the Decade, a permanent Central American Court of Justice was established in October of 1994. It became the main judicial body in Central America, and its decisions were binding. It was able to deal with disputes between States in the area, as well as with legal and individual entities.
One of the main purposes of the System of Central American Integration was to create a model of regional security, he said. Nicaragua had proposed a treaty for democracy and security in Central America. It was also necessary to promote knowledge of human rights. The Presidents of Central American countries had met in Guatemala in 1994 and adopted a programme for promoting a culture of peace and democracy to replace the culture of violence.
Within the framework of the Decade, the Central American Commission on the Environment and Development was created. A number of conventions, including those on biodiversity and climatic change, forest ecosystems, coordination of efforts on prevention of natural disasters and marine environment were signed, promoting respect for the environment and the protection of natural resources. Other efforts dealt with the control of illicit drugs, the law of the sea, intellectual property and international penal law.
A national committee for the Decade had been established in Nicaragua, he said. Efforts were made to promote international law. He viewed with
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sympathy the proposal of the Russian Federation to hold a third peace conference in 1999 to mark the conclusion of the Decade of International Law.
BHIRATH BASNET (Nepal) said the Secretary-General's report had lucidly summarized the work done by the United Nations system and other agencies to serve the purposes of the Decade. The advancement of the goals and objectives of the Decade was a testimony to its success. However, codification of international law and regulations alone would not be meaningful unless they were scrupulously observed and practiced.
Nepal had always contributed to international cooperative efforts to promote and implement international law, he continued. Respect for human rights was central to its State policy and Nepal was a party to 14 important human rights instruments. He welcomed the initiatives of the Commission on Crime Prevention and Criminal Justice in the elaboration of a convention on transnational crimes which were not covered by existing instruments and a convention against illicit trafficking of children. While recognizing the prevention of crime and promotion of the rule of the law as the focus of the Decade, Nepal believed that the principle of good faith must be strictly observed.
Emphasizing the importance of international humanitarian law, he called for steps to strengthen the implementation of instruments on the protection of cultural property. One of the major achievements of the Decade had been the successful completion of the United Nations Congress on Public International Law, which had marked the midpoint of the Decade and provided a great opportunity to exchange views on different international legal methods.
Narcotic drugs were also a problem of transboundary magnitude, he said. Close cooperation and coordination among members of the international community was needed for the reduction of demand through public education, treatment, rehabilitation and social reintegration of drug addicts, and control of supply.
DONG-HEE CHANG (Republic of Korea) said that due to the focused efforts of the International Law Commission, the United Nations had successfully codified and adopted major conventions governing international relations -- the 1961 Vienna Convention on Diplomatic Relations, the 1969 Vienna Convention on the Law of Treaties, the 1978 Vienna Convention on the Succession of States in Respect of Treaties, and the 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. His Government hoped that new conventions on the agenda of the Commission would be concluded in the near future. Given the lack of an international legislative organ, the only practical alternative to secure the universality of international law was to advocate wider acceptance of key multilateral treaties.
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The Republic of Korea was in negotiations to ratify and implement the United Nations Convention on the Law of Sea, he said. His Government had also signed the Madrid Protocol to the Antarctica Treaty dealing with environmental protection, he said. His country had participated in virtually all major international environmental conventions and was committed to the use of international law to promote human rights.
The Korean Association of International Law was involved in teaching, researching and disseminating the principles of international law, he said. That work was also supported by the Korean Association of Air and Space Law, the Association of International Business Transactions and the Association of International Environmental Law.
TUDOR PANTIRU (Moldova) said that the April 1995 United Nations Congress on Public International Law had been a unique event and opportunity. The Congress had introduced, considered and evaluated innovative ways of promoting the objectives of the Decade and enriched its activities. Promotion of the peaceful settlement of disputes between States was one of the most topical subjects of the Decade; the Secretary-General's Agenda for Peace, and its supplement had identified important conflict-prevention mechanisms.
Conflicts should be clearly defined, he said. A political conflict should not be confused with an inter-ethnic one. United Nations conflict resolution machinery had a certain lack of specificity when it came to drawing that distinction. The Organization for Security and Cooperation in Europe (OSCE) had drawn that distinction well. The United Nations and the OSCE had meaningful possibilities for solving regional conflicts, including internal ones, he said. Their participation in conflict resolution had the advantage of impartiality. The illegal presence of foreign military forces on the territory of another State and their interference in internal affairs was a serious violation of international law. Only concerted action by international bodies, such as the OSCE and the United Nations, could contribute to peace and security in the region in which Moldova was located.
The emergence of new cooperation between States had created better circumstances for the progressive development of international law, he said. Should States deepen their concepts of sovereignty, statehood, jus cogens, competence of international organizations and self-determination, international law could become the main language of international relations in the next century. It could thereby overcome explosive situations such as those created artificially and inspired and supported from abroad, capitalizing on minority problems. Moldova would sponsor an international conference on the issue of separatism.
GUILLERMO CAMACHO (Ecuador) said that the United Nations International Drug Control Programme, the United Nations Institute for Training and Research (UNITAR) and the United Nations Environment Programme (UNEP) had achieved a
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great deal in developing law in their respective areas of competence. The International Committee of the Red Cross (ICRC) was providing an important service in disseminating international humanitarian law. The most outstanding achievement of the Decade this year had been the United Nations Congress on Public International Law. That Congress had articulated the role of law in democracy, peaceful relations and human rights.
Ecuador was very interested in the proposal of the Russian Federation for a third international peace conference to take place in 1999, he said.
JAMES BAXTER (Australia) said that the changing nature of armed conflict in recent years -- more often occurring at a non-international level with civilian populations deliberately targeted and terrorized -- had presented increasing challenges to the traditional rules and principles of international humanitarian law. The sheer volume of armed conflict during the 1990s was another reason to focus efforts on maximizing the utility of the law of armed conflict during the Decade of International law.
Australia was strongly committed to strengthening international humanitarian law, he said. His country had hosted the Second Regional Conference on International Humanitarian Law in December 1994. That Conference had brought together over 160 regional Red Cross, Red Crescent, government, military, academic and non-governmental organization representatives. The Conference, using the Final Declaration of the War Victims Conference as its reference, sought to explore fundamental issues in the field of international humanitarian law, such as enforcement, peace- keeping, peacemaking, sexual violence and crimes against women and children in armed conflict, the protection of cultural property and the use of land mines in armed conflict.
The Regional Conference had promoted discussion of domestic difficulties with the implementation and dissemination of international humanitarian law from common perspectives and sought to resolve problems in the regional context, he said. The Conference had particularly raised awareness of the interrelationship between international humanitarian law and general international law.
Regarding other activities related to the themes of the Decade, he said that the Australian Red Cross Society had sponsored the establishment of an international humanitarian law Chair at the University of Melbourne -- the third of its kind in the world.
JORGE SANCHEZ (Spain) on behalf of the European Union, said that the Union shared and supported the purposes of the Decade. He noted the contributions made by international organizations and bodies to the promotion and acceptance of international law, its codification, teaching and progressive development.
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The Congress on Public International Law had served as a forum for meeting and exchanging opinions, as well as in-depth discussions with the participation of a wide range of speakers, he said. He also appreciated the measures being taken to make the database on international treaties available on-line to Member States. He welcomed the efforts of the Treaty Section of the United Nations Office of Legal Affairs to convert the United Nations Treaty series into an electronic database and to make the Collection of Multilateral Treaties deposited with the Secretary-General available over the Internet
In conclusion, he said the proposal by the Russian Federation to commemorate the 100th anniversary of the first Peace Conference merited further consideration.
DON SANTIAGO BENADAVA (Chile) supported the activities of the Decade and viewed with interest the proposal to hold a third peace conference. One of its purposes should be the prevention of armed conflicts. A group of experts should be convened to define preliminary positions and alternatives regarding various matters.
The Consultative Services started by the ICRC and the twenty-sixth conference of the Red Cross and the Red Crescent would contribute to the work of the Decade, he said. The ICRC had also conducted various courses and seminars in Chile. Several international organizations were providing services to governments within the framework of the Decade, and modern instruments for settling disputes were becoming available to States.
CAROLYN L. WILLSON (United States) said the item on the Decade on the agenda of the General Assembly provided a platform for States to share ideas on ways and means of developing international law and increasing appreciation of its value. That was a major contribution of the Congress on International Law which had served as a forum for formal presentations and informal exchanges among those involved in various areas of international law.
The Programme of the Decade also served as a structure for the work of private organizations in the field of international law, she said. Besides conducting seminars for lawyers and distributing printed materials on international law, the American Society of International Law had also undertaken a project, funded by the Ford Foundation, to create an international law communications network, she said. The awareness in the private sector of the common goals for strengthening international law, if extended to such groups in 185 Member States, could have a significant impact.
More and more international law materials were becoming accessible through modern machines, she continued. The United Nations Treaty Office had made significant strides in computerizing their voluminous records.
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She said the United States Government provided funding for projects to assist East Europe and the newly independent States in developing and implementing their national laws in areas of criminal justice, law enforcement, environment protection and human rights. The programme had also offered grants to governments and local non-government organizations so that they could be linked to the Internet and have access to computer databases.
International organizations had made a contribution to the Decade not only through their activities but also through the reports which informed others worldwide about those projects, she said. That contributed to the wider appreciation and dissemination of international law.
I.E. AYEWAH (Nigeria) said the United Nations Decade of International Law could help to foster universal respect for international legal principles and norms. It was the duty of the international community to improve understanding of the role of the United Nations and to highlight the need for the reaffirmation of its purposes and principles. The strengthening of the authority of the International Court of Justice was of paramount importance. It was his hope that the summaries of judgments of the Court would be updated regularly.
Practical ways and means must be sought to encourage States to willingly utilize the existing mechanisms for peaceful settlement of disputes, he said, as well as to increase the degree of compliance with international legal obligations. The Decade could contribute significantly in that regard.
The Congress on Public International Law had marked the midpoint of the Decade, he said. The Secretariat should complete and widely disseminate the compilation of the proceedings of the Congress as soon as possible. Many countries would find them beneficial.
He supported the proposal for a third international peace conference at the end of the Decade, which would coincide with the 100th anniversary of the first international Peace Conference at the Hague.
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