SIXTH COMMITTEE RECOMMENDS ESTABLISHMENT OF PREPARATORY COMMITTEE TO DRAFT CONVENTION CREATING INTERNATIONAL CRIMINAL COURT

29 November 1995

Press Release
GA/L/2997

SIXTH COMMITTEE RECOMMENDS ESTABLISHMENT OF PREPARATORY COMMITTEE TO DRAFT CONVENTION CREATING INTERNATIONAL CRIMINAL COURT

19951129 Approves Five Other Draft Resolutions, Including Text on Deleting 'Enemy State' Clauses from Charter

The General Assembly would establish a Preparatory Committee to draft a widely acceptable convention creating an international criminal court, by the terms of a draft resolution approved by the Sixth Committee (Legal) without a vote this afternoon. By the draft -- one of six approved today as the Committee completed its work for the year -- the Preparatory Committee would meet from 25 March to 12 April and from 12 to 30 August in 1996 to consider major issues arising out of the draft statute of the court, which was prepared by the International Law Commission.

By the terms of a draft resolution on the implementation of Charter provisions relating to assistance to third States affected by the application of sanctions, also approved without a vote, the Secretary-General, at the request of the Security Council, would analyse the effects of sanctions regimes on third States and advise the Council on adjustments that may be made with a view to mitigating their adverse effects.

The General Assembly would express its intention to initiate procedures deleting the "enemy States" clauses from the Charter, by the terms of a nine- Power draft resolution approved by the Sixth Committee on the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. By that draft, the Assembly would also decide that membership in the Special Committee should be open to all Member States and that it continue to operate on the basis of consensus. The draft was approved by a vote of 122 in favour to none against, with 6 abstentions (Cuba, Democratic People's Republic of Korea, Lebanon, Libya, Sri Lanka and Sudan). (Annex with full voting details not yet available.)

By the terms of a thirteen-Power draft approved without a vote this afternoon, the Assembly would commend the Charter Committee for having completed the final text of the Model Rules for the Conciliation of Disputes between States, which had originally been proposed by Guatemala. The Model Rules, in 10 chapters, are annexed to the draft resolution.

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A draft on measures to eliminate international terrorism, also approved without a vote, would have the Assembly request the Secretary-General to follow up on the implementation of the Declaration on Measures to Eliminate International Terrorism, which it adopted last year. Also, the Assembly would urge States to promote the Declaration, strengthen their cooperation, implement their obligations under existing international conventions and fully observe international law.

Finally this afternoon, by the terms of a draft resolution on the review of the role of the Trusteeship Council, sponsored by Malta and approved without a vote, the General Assembly would request the Secretary-General to invite Member States to submit their written comments on the future of the Council and to report to it before the end of its fiftieth session.

Speaking this afternoon in explanation of position were the representatives of Azerbaijan, Syria, Turkey, Pakistan, Libya, Cuba, Peru, Colombia, France, Mozambique, Democratic People's Republic of Korea, Italy, Japan, Mexico and China. The representatives of Malta, Guatemala, Uruguay and Egypt introduced draft resolutions. The representatives of Albania, South Africa, Bolivia, France and India spoke on behalf of their regional groups.

The Committee paid tribute this afternoon to Jacqueline Dauchy, Secretary of the Sixth Committee and Director of the Codification Division upon her retirement from United Nations service.

Committee Work Programme

The Sixth Committee (Legal) this afternoon has before it draft resolutions on a proposed international criminal court; assistance to third States affected by the application of Chapter VII sanctions; elimination of the "enemy States" clauses from the Charter; United Nations Model Rules for the Conciliation of Disputes; measures to eliminate international terrorism; and review of the role of the Trusteeship Council.

The Chairman's draft resolution on an International Criminal Court (document A/C.6/50/L.14) would have the General Assembly establish a Preparatory Committee to draft a widely acceptable convention for an international criminal court to be adopted by a conference of plenipotentiaries. Meeting in 1996, from 25 March to 12 April and from 12 to 30 August, the Preparatory Committee would consider major issues arising out of the draft statute of the court, which was prepared by the International Law Commission, taking into consideration the report of the Ad Hoc Committee on the Establishment of an International Criminal Court and of written comments submitted by States. The Preparatory Committee would report to the Assembly at its fifty-first session.

Also by the terms of the draft, the Assembly would urge participation in the Preparatory Committee by the largest number of States to promote universal support for the court and decide to include the item in the provisional agenda of its fifty-first session.

By the terms of a draft resolution on the implementation of Charter provisions relating to assistance to third States affected by the application of sanctions (document A/C.6/50/L.13), the Assembly would ask the Secretary- General, at the request of the Security Council, to analyse the effects of sanctions regimes on third States and advise the Council on adjustments that may be made with a view to mitigating those adverse effects, while maintaining the effectiveness of the regimes. That draft was proposed by the Chairman of the Working Group on the implementation of those Charter provisions.

The Assembly would also request the Secretary-General to share with Member States information on international assistance to affected third States, and to explore assistance to third States through cooperation with relevant institutions and organizations inside and outside the United Nations system.

The Secretary-General would be requested to report on the implementation of those measures and on possible guidelines for improved early assessments of sanctions' effects on third States, for assessment methodology and for the coordination of information on available assistance.

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The General Assembly would stress the important role of the General Assembly, the Economic and Social Council and the Committee for Programme and Coordination (CPC) in mobilizing economic assistance by the United Nations system and the international community to affected third States. The Assembly would also invite the United Nations system, international financial institutions, regional organizations and Member States to consider improving procedures for consultations in order to maintain a constructive dialogue with third States. Those consultations could include meetings between third States and the donor community, with the participation of United Nations agencies.

Finally, the draft would have the Assembly request the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, at its 1996 session, to continue its consideration of the question of Charter provisions relating to assistance to third States affected by the application of Chapter VII sanctions.

By the terms of the draft resolution (document A/C.6/50/L.15) on the report of that Special Committee, the General Assembly would express its intention to initiate the procedure of deleting the "enemy State" clauses from Articles 53, 77 and 107 of the Charter at its earliest appropriate future session. The draft is proposed by Argentina, Brazil, Bulgaria, Egypt, Finland, Japan, New Zealand, Philippines and Portugal.

The Special Committee would be asked to consider, in 1996, all proposals concerning the maintenance of international peace and security, the strengthening of the role of the Organization, including enhancement of the effectiveness of the Security Council. It would also be asked to recommend to the Assembly its priorities for further consideration.

Also, the Special Committee would be asked to continue to consider on a priority basis the question of assistance to third States affected by the application of sanctions under Chapter VII of the Charter and to continue its work on the peaceful settlement of disputes between States, including the establishment of an early-response dispute settlement service; an enhanced role for the International Court of Justice; cooperation between the United Nations and regional arrangements or agencies in the maintenance of international peace and security; proposals on the Trusteeship Council; and the status of the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council.

The Assembly would further decide that membership in the Special Committee should be open to all Member States and that it continue to operate on the basis of consensus. The Special Committee would be authorized to accept participation in its meetings of observer States and of intergovernmental bodies during plenary debate on topics in which their participation would assist the Special Committee.

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Finally, the Special Committee would be invited to identify during its 1996 session new subjects for consideration in its future work and to discuss how to assist the working groups of the General Assembly in revitalization of the work of the United Nations. The Assembly would also decide that the next session of the Special Committee would take place from 21 February to 5 March 1996.

Also in connection with the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, the Committee has before it a draft resolution (document A/C.6/50/L.11/Rev.1) on the United Nations Model Rules for the Conciliation of Disputes between States. The draft is sponsored by Argentina, Canada, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Kyrgyzstan, Nicaragua, Panama, Spain and Venezuela.

The draft would have the Assembly commend the Charter Committee for having completed the final text of the Model Rules and would draw the attention of States to the possibility of applying them when disputes arose between States which were not possible to solve through direct negotiations.

The General Assembly would request the Secretary-General to lend his assistance to States resorting to conciliation on the basis of those Rules and make necessary arrangements to distribute them to governments. The Model Rules, in 10 chapters, are annexed to the draft resolution.

By the terms of a draft on measures to eliminate international terrorism (document A/C.6/50/L.12), the Assembly would request the Secretary-General to follow up on the implementation of the Declaration on Measures to Eliminate International Terrorism, which it adopted last year. The Assembly would urge States to promote the Declaration, strengthen their cooperation, implement their obligations under existing international conventions, and to fully observe international law.

Recalling the role of the Security Council in combating international terrorism, the Assembly would strongly condemn terrorism and reiterate that criminal acts intended to provoke terror for political purposes were unjustifiable, whatever their political, philosophical, ideological, racial, ethnic or religious rationale.

Under the draft resolution on the review of the role of the Trusteeship Council, proposed by Malta, (document A/C.6/50/L.6/Rev.1), the General Assembly would request the Secretary-General to invite Member States to submit their written comments by 31 May 1996, on the future of the Council and to report to it before the end of its current fiftieth session.

The Assembly would note various proposals and views expressed by Member States at its present session and would also note that its Open-ended

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High-level Working Group on the Strengthening of the United Nations System would be undertaking a thorough review of studies and reports by United Nations bodies, Member States and others on strengthening and reforming the Organization.

Action on Drafts and Explanations of Position

The Chairman of the Committee, TYGE LEHMANN (Denmark) noted that the French version of the draft on measures to eliminate international terrorism had been reissued for technical reasons.

The draft was approved without a vote.

ELCHIN AMIRBEKOV (Azerbaijan) said his country attached special importance to the measures to eliminate international terrorism, which continued to be one of the major concerns of the international community. He was not completely satisfied, however, with the new text of the draft. In the spirit of compromise, his delegation had gone along with the consensus on the matter.

KHALIL ABOU-HADID (Syria) expressed support for the draft and expressed gratitude to delegations that had accepted his country's amendments to the text. Syria condemned terrorism in all its forms and manifestations. However, a clear line should be drawn between terrorism and the struggle against foreign occupation in accordance with the Charter of the United Nations and the principles of international law, he said.

YESIM BAYKAL (Turkey) said her country had been suffering from the scourge of terrorism. The draft called for cooperation against international terrorism to ensure that perpetrators of terrorist acts found no safe haven anywhere. But, the spirit and humanitarian character of international sanctuaries should be protected. To that end, cooperation between States of refuge and humanitarian organizations was vital.

ABDUL WAHAB (Pakistan) said he supported the draft. His country condemned terrorism in all its forms. He had joined the consensus with the understanding that the distinction between international terrorism and legitimate struggle against foreign occupation was recognized.

MOHAMED EHMIEDA SAAD MATRI (Libya) expressed support for the draft resolution and pointed out the necessity to draw a line between terrorism and the right of peoples to defend their independence. The double standards used by the Security Council indicated the need for an international conference to define international terrorism and distinguish it from legitimate defence.

CARIDAD YAMIRA CUETO MILIAN (Cuba) said she joined in the international condemnation of terrorism in all its forms. However, the reference to the

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Security Council made in operative paragraph 2 of the draft should be sufficient, making paragraph 7's reference to the Council redundant.

JOSEPH CASSAR (Malta) introduced the draft on the role of the Trusteeship Council.

The draft was approved without a vote.

LUIS CARRANZA (Guatemala) introduced the draft resolution on Model Rules for the Conciliation of Disputes between States.

The draft was approved without a vote.

ANA PENA (Peru) said she joined in the general agreement on the draft concerning Model Rules for the Conciliation of Disputes, with the understanding that its implementation would occur only when inter-State disputes could not be resolved through direct negotiations, as defined in operative paragraph 2 of the draft.

MARIA DEL LUJAN FLORES (Uruguay) introduced the draft resolution on third States affected by the application of sanctions (document A/C.6/50/L.13).

The draft resolution was then approved without a vote.

CLARA I. VARGAS DE LOSADA (Colombia) said the Spanish text of the draft on third States should be adjusted.

HUBERT LEGAL (France) welcomed the approval of the draft, which, he said, was both ambitious and realistic. It provided a solid basis for further work on the matter.

EDUARDO KOLOMA (Mozambique) expressed satisfaction at the outcome of negotiations on the draft on third States. However, he wanted to place on record his dissatisfaction with preambular paragraph 11, which should reflect the effectiveness of the sanctions regimes themselves.

HUSSEIN MUBARAK (Egypt) introduced the draft on the Charter of the United Nations and on the strengthening of the role of the Organization (document A/C.6/50/L.15).

HONG JE RYONG (Democratic People's Republic of Korea) asked for a recorded vote on the draft, because the draft contained some paragraphs concerning the deletion of "enemy State" clauses. That was detrimental to the sovereignty and fundamental interests of his people. There was no justification for the attempts to include Japan in the deletion of the "enemy State" clauses.

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On the pretext of the passage of time, Japan wanted to get away with its war crimes. He was not opposed to the deletion of the "enemy State" clauses themselves. What his country strongly objected to was the approach allowing the treatment of Japan on the same footing as Germany, which had liquidated its past in a comparatively conscientious manner.

For that reason, he strongly rejected all paragraphs of the draft concerning the deletion of the "enemy State" clauses. The view of his delegation should be reflected in the draft along with views of other delegations. Otherwise, the draft became a biased text.

The draft resolution was approved by a recorded vote of 122 in favour to none against, with 6 abstentions (Cuba, Democratic People's Republic of Korea, Lebanon, Libya, Sri Lanka and Sudan).

FRANCESCO PAOLO FULCI (Italy) said he supported the draft, being especially pleased at the initiation of the deletion of "enemy State" clauses. It was necessary to eliminate all discriminatory provisions from the Charter. He expressed hope for rapid revision of the Charter, saying the amendments were long overdue. True equality among Member States should be reaffirmed.

NOBUKATSU KANEHARA (Japan) welcomed the adoption of the draft. The position of his country regarding the draft was clear and remained unchanged.

Mr. MATRI (Libya) said the amendments should be viewed in the context of the general reconsideration of the Charter. It should not be done on a selective and narrow basis. Privileges enjoyed by a few in the Organization should be abolished.

SOCORRO FLORES (Mexico) said her country would vote in favour of the draft. The Special Committee on the Charter becoming an open-ended body would give it new dynamism.

Mrs. CUETO MILIAN (Cuba) said the draft was of special importance for the future work of the Sixth Committee. Her delegation had abstained not because it had taken a stance on the deletion of "enemy State" clauses, but for procedural reasons. Positions of all countries should be reflected in the text.

Mr. LEGAL (France) fully supported the draft. The "enemy State" clauses should no longer exist. However, the procedures used in the Committee should be changed. The Special Committee was now an open-ended body, and the methods of implementing its recommendations should be the same as in other United Nations bodies.

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The CHAIRMAN then drew the Committee's attention to the draft resolution on the establishment of an international criminal court (document A/C.6/50/L.14). He also drew its attention to a statement of programme budget implications (document A/C.6/50/L.16), which estimates full costs of $676,400 for two three-week sessions of the Preparatory Committee, which would draw up the necessary convention.

Mrs. FLORES (Mexico) said that by approving the draft, the United Nations would be taking a major step towards the creation of a criminal court. The challenge then would be to address substantive issues such as a text which guaranteed the creation of an impartial, independent, universal institution.

The draft was approved without a vote.

ZHANG KENING (China) said consensus should be the basis of work for establishing the criminal court. That would guarantee broad acceptance of the body.

The representatives of Albania, South Africa, Bolivia, France and India spoke on behalf of their regional groups as the Sixth Committee completed the work of its present session.

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