GA/9031

GENERAL ASSEMBLY ESTABLISHES PREPARATORY COMMITTEE TO DRAFT CONVENTION FOR INTERNATIONAL CRIMINAL COURT

11 December 1995


Press Release
GA/9031


GENERAL ASSEMBLY ESTABLISHES PREPARATORY COMMITTEE TO DRAFT CONVENTION FOR INTERNATIONAL CRIMINAL COURT

19951211 Adopts 14 Texts Recommended by Legal Committee; `Enemy State' Clauses, Sanctions Regimes, Among Other Issues Addressed.

The General Assembly this morning established a Preparatory Committee to draft a widely acceptable convention for an international criminal court, by the terms of one of 14 texts adopted on the recommendation of its Sixth Committee (Legal).

Under the terms of the resolution, which was adopted without a vote, the Preparatory Committee will meet in 1996 from 25 March to 12 April and from 12 to 30 August to consider major issues arising out of the draft statute of the court, which has been prepared by the International Law Commission.

Also this morning, the Assembly expressed its intention to initiate procedures to delete the "enemy State" clauses from the Charter, by the terms of a resolution adopted by a recorded vote on the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. Also by that text, the Assembly decided that membership in the Special Committee should be open to all Member States and that it should continue to operate on the basis of consensus. The draft was adopted by a vote of 155 in favour to none against, with 3 abstentions (Cuba, Democratic People's Republic of Korea and Libya). (For details see Annex I.)

By the terms of a resolution on the implementation of Charter provisions relating to assistance to third States affected by the application of sanctions, which was adopted without a vote, the Secretary-General, at the request of the Security Council, would analyze 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 Assembly also adopted the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit and opened it for signature or accession, by the terms of a resolution adopted without a vote on that topic. The Assembly also recognized the uncertainty and lack of uniformity prevailing in that financial field and expressed the conviction that adoption of the Convention would overcome the problem and facilitate the use of such instruments.

General Assembly - 1a - Press Release GA/9031 87th Meeting (AM) 11 December 1995

The Assembly urged the host country to consider lifting travel controls on certain diplomatic missions and Secretariat staff members of certain nationalities, by the terms of a resolution on the report of the Committee on Relations with the Host Country, also adopted without a vote. The Assembly expressed the hope that the host country would continue to take the necessary measures to prevent interference with the functioning of diplomatic missions. It also approved a series of recommendations of the Host Country Committee regarding the problem of diplomatic indebtedness.

By the terms of another resolution on the work of the Charter Committee, also adopted without a vote, the Assembly commended the 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 resolution.

The Assembly urged the International Law Commission to complete its second reading of the draft code of crimes against the peace and security of mankind and the first reading of the draft articles on State responsibility during its next year's session, by the terms of a resolution on the Commission's report adopted without a vote. The Commission was also urged to complete its first reading of the draft articles on activities causing transboundary harm.

By the terms of a resolution on the review of the role of the Trusteeship Council, also approved without a vote, the General Assembly requested 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.

By another draft resolution adopted without a vote, the General Assembly decided to delete article 11 from the statute of the Administrative Tribunal of the United Nations, while continuing to apply any judgements made by the Tribunal prior to 1 January 1996.

By the terms of a draft resolution on the work of the United Nations Commission on International Trade Law (UNCITRAL), the Assembly commended that body's work on the draft Model Law on Legal Aspects of Electronic Data Interchange and Related Means of Communications and welcomed its decision to commence work on the subjects of receivables financing and cross-border insolvency. The text was adopted without a vote.

The Assembly decided to bring the draft articles on the diplomatic courier and diplomatic bag not accompanied by diplomatic courier to the attention of Member States, by the terms of a draft decision adopted without a vote on that subject.

The Assembly also requested the Secretary-General to follow up on the implementation of the Declaration on Measures to Eliminate International

General Assembly - 1b - Press Release GA/9031 87th Meeting (AM) 11 December 1995

Terrorism, which it adopted last year, by adopting a resolution without a vote on measures to eliminate international terrorism. The Assembly also urged States to promote the Declaration, strengthen their cooperation, implement their obligations under existing international conventions and fully observe international law.

By the terms of a text on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, also adopted without a vote, the Assembly authorized the Secretary- General to provide in 1996 and 1997 fellowships and scholarships in international law, and to provide travel grants to participants from developing counties for regional courses. In that connection, the Assembly approved the appointment of 25 Member States as members of the Advisory Committee on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law.

By the terms of a draft resolution on the United Nations Decade of International Law, also adopted without a vote, the General Assembly expressed its appreciation for the work done on the Decade and expressed its appreciation to the Secretary-General for the successful organization this year of the United Nations Congress on Public International Law. The Assembly welcomed the progress made in the computerization of the multilateral treaties deposited with the Secretary-General and of the United Nations Treaty Series and encouraged the Office of Legal Affairs to continue its efforts to bring up to date the publications of the United Nations Treaty Series and the United Nations Juridical Yearbook.

The rapporteur of the Committee introduced its reports. The representative of Turkey made a statement on the text on international terrorism.

Also this morning, the Assembly adopted a resolution on the return or restitution of cultural property by a vote of 124 in favour to none against, with 24 abstentions. (See Annex II.) By the resolution, it reaffirmed that the restitution to a country of its objects d'art, monuments, museum pieces, archives, manuscripts, documents and any other cultural or artistic treasures contributes to the strengthening of international cooperation and to the preservation and flowering of universal cultural values through fruitful cooperation between developed and developing countries.

The Assembly also requested the Secretary-General, in collaboration with the United Nations Educational, Scientific and Cultural Organization (UNESCO), to continue to develop all possibilities for bringing about the attainment of the purposes of its resolution 48/15 of 2 November 1993 on promotion of the return of cultural property to the countries of origin as well as its restitution in case of illicit appropriation.

The Assembly will meet again at 3 p.m. today to consider the situation of democracy in Haiti, and cooperation between the United Nations and the Organization of African Unity.

Assembly Work Programme

The General Assembly met this morning to take up 11 reports of its Sixth Committee (Legal). The reports contain recommendations on the establishment of an international criminal court, deletion of the "enemy States" clauses from the Charter, the unintended effects of Security Council sanctions regimes on third States, and other topics. Following the Sixth Committee items, the Assembly will resume consideration of the return or restitution of cultural property, including a draft resolution.

A report on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law (document A/50/636), approved in committee on 24 November, contains a draft resolution which would have the Assembly authorize the Secretary-General to provide a number of international law fellowships in 1996 and 1997, a minimum of one scholarship in both years under the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of Sea, and a travel grant for one participant from each developing country invited to regional courses to be organized in 1996 and 1997 (subject to overall resources for the Programme). Those activities would be financed from provisions in the regular budget as well as from voluntary contributions.

Also by the draft, the Assembly would express appreciation for the thirtieth and thirty-first sessions of the International Law Seminar, held at Geneva this year, and for the activities of the Office of Legal Affairs related to the fellowship programme and to the Shirley Amerasinghe Memorial Fellowship. The Assembly would request the Secretary-General to consider admitting into the various components of the Programme of Assistance candidates from countries willing to bear the entire cost of such participation. It would also request him to consider the relative advantages of using available resources and voluntary contributions for regional, subregional or national courses, as against courses within the United Nations system.

The General Assembly would welcome efforts undertaken by the Office of Legal Affairs to update the Treaty Series and United Nations Juridical Yearbook. It would urge States and international organizations to implement the goals of the United Nations Decade of International Law dealing with the teaching, study, dissemination and wider appreciation of international law.

The Assembly would reiterate its request to Member States, organizations and individuals to make voluntary contributions for the International Law Seminar, for the fellowship programme in international law, and for the Hamilton Shirley Amerasinghe Memorial Fellowship. It would also urge Governments to make voluntary contributions for the organization of regional refresher courses in international law by the United Nations Institute for Training and Research (UNITAR).

Finally the General Assembly would request the Secretary-General to report on implementation of the programme during 1996 and 1997 at its fifty- second session. It would also decide that 25 Member States, including

General Assembly - 3 - Press Release GA/9031 87th Meeting (AM) 11 December 1995

representation from all regions, would serve as members of the Advisory Committee on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International law for a period of four years beginning 1 January 1996.

By the terms of a draft resolution on the United Nations Decade of International Law, (document A/50/637), also approved on that date, the Assembly would express its appreciation for the work done on the Decade and request continued efforts by a working group. It would express its appreciation to the Secretary-General for the successful organization of the United Nations Congress on Public International Law and request him to make its proceedings widely available, within existing resources.

The Assembly would also strongly welcome the recent advances made by the Treaty Section of the Office of Legal Affairs in its programme of computerization of the multilateral treaties deposited with the Secretary- General and the United Nations Treaty Series. It would invite all States, international organizations and institutions to provide information on activities in implementation of the programme of the Decade and submit their views on possible activities for the next term of the Decade. At the national level, the Assembly would encourage States to disseminate information contained in the report of the Secretary-General.

The Assembly would further appeal to States, international organizations and non-governmental organizations working in the field of international law, and the private sector to make financial contributions or contributions in kind for the implementation of the Programme. It would encourage the Office of Legal Affairs to continue bringing up to date the publications of the United Nations Treaty Series and the United Nations Juridical Yearbook. The Secretary-General would be requested to bring to the attention of States and international organizations and institutions the programme of the third term of the Decade for 1995-96. The International Committee of the Red Cross would be invited to continue to report on activities undertaken in regard to the protection of the environment in armed conflict.

The recommendations of the Sixth Committee on the report of the International Law Commission (document A/50/638), approved on 22 November, are contained in a draft resolution which would have the General Assembly urge the Commission at its forty-eighth session to complete its second reading of the draft code of crimes against the peace and security of mankind and its first reading of the draft articles on State responsibility. The Assembly would take into consideration divergent views expressed in the Sixth Committee debate concerning State responsibility so that alternative approaches might be developed.

The Assembly would also urge the Commission to complete its first reading of the draft articles on activities causing transboundary harm. The Commission would be asked to continue working on the topics of reservations to treaties and State succession and its impact on the nationality of natural and legal persons. States and international organizations would be invited to answer a questionnaire on the topic of reservations to treaties. Governments

General Assembly - 4 - Press Release GA/9031 87th Meeting (AM) 11 December 1995

would once again be invited to submit materials relevant to State succession.

The Assembly would express appreciation for the Secretary-General's update of State practice regarding international liability for injurious consequences arising out of acts not prohibited by international law.

Also by the draft, the Assembly would note the Commission's suggestion that it include the topic of diplomatic protection on its agenda and initiate a feasibility study on the topic of the law of the environment. It would invite governments to submit comments on both topics at its next session.

The Assembly would request the Law Commission to examine its work procedures, and indicate in its annual report those issues on which governments might provide guidance. The Secretary-General would be requested to invite government comments on the Organization's codification process and note that the complexity of the Commission's work justified maintaining the usual duration of its sessions.

Also by the terms of the draft, the General Assembly would once again express the wish that seminars continue to be held in conjunction with the sessions of the International Law Commission and that an increasing number of participants from developing countries be given an opportunity to attend. It would appeal to States to make voluntary contributions for the holding of the seminars. The Secretary-General would be requested to provide the seminars with adequate services from within existing resources.

Finally, the General Assembly would request the Secretary-General to forward to the Commission records of Assembly debate on its report together with statements by delegations, and to distribute a topical summary of the debate.

A draft resolution on the establishment of an International Criminal Court (document A/50/639), approved in committee on 29 November, 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 from 25 March to 12 April 1996, 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 written comments submitted by States. The Preparatory Committee would report to the Assembly next year.

Also by the terms of the draft, the Assembly would urge participation in the Preparatory Committee by the largest number of States in order to promote universal support for the court.

The Committee's report on the work of the United Nations Commission on International Trade Law (UNCITRAL) (document A/50/640), approved on 9 November, contains two draft resolutions.

General Assembly - 5 - Press Release GA/9031 87th Meeting (AM) 11 December 1995

Draft I, an omnibus text, would have the Assembly commend the Commission for its work on the draft Model Law on Legal Aspects of Electronic Data Interchange and Related Means of Communications and welcome its decision to commence work on the subjects of receivables financing and cross-border insolvency.

The Assembly would reaffirm the mandate of the Commission, particularly as regards training and technical assistance for developing countries, and would express support for the Commission's sponsorship of seminars and symposia. The Assembly would appeal to governments to contribute to the Trust Fund for Travel Assistance to Developing Countries that are members of the Commission, and would decide to continue its consideration of granting travel assistance, within existing resources, to least developed countries which are members of the Commission.

The Assembly would request the Secretary-General to ensure that adequate resources were allocated for the programme of the Commission and urge States to sign, ratify or accede to conventions emanating from the work of the UNCITRAL.

Draft II, which contains the text of the United Nations draft convention on independent guarantees and stand-by letters of credit would have the General Assembly adopt the convention and open it for signature or accession. The Assembly would express appreciation for the preparation of the convention and call on governments to consider becoming party to it.

The Assembly would state that it was aware of the uncertainty and lack of uniformity currently prevailing among various legal fields regarding independent guarantees and stand-by letters of credit, and that it was convinced that the adoption of the convention would contribute to overcoming that problem and to facilitating the use of such instruments.

By the terms of a draft resolution on the Report of the Committee on Relations with the Host Country (document A/50/641), approved by the Sixth Committee on 24 November, the General Assembly would urge the host country to consider lifting travel controls with regard to certain missions and Secretariat staff members of certain nationalities. It would express hope that the host country would continue to take all measures necessary to prevent any interference with the functioning of diplomatic missions, and would call upon the host country to review measures and procedures relating to the parking of diplomatic vehicles, with a view to responding to the growing needs of the diplomatic community, and to consult with the Committee on those issues.

Also by the draft, the Assembly would endorse recommendations and conclusions of the Host Country Committee, including proposals of the Committee's working group on financial indebtedness. That working group recommended that heads of mission who foresee that funds for the financing of the mission will not suffice should notify the head of the mission of the host State and take action to minimize the damage to third parties. Heads of mission that are informed that members of their staff do not fulfil their

General Assembly - 6 - Press Release GA/9031 87th Meeting (AM) 11 December 1995

contractual obligations and incur debts should take measures to ensure that unpaid debts are promptly settled in full.

The Assembly would call on the mission of the host State to regularly forward to the Office of Legal Affairs information on undisputed debts, according to the recommendation of the working group. In cases where the debts of missions or individual diplomats have not been settled following bilateral contacts between the debtor and the representatives of the host country, the mission of the host country may request the Secretary-General to convey to the head of the mission concerned that there are legal and moral obligations to settle undisputed debts.

The Assembly would also endorse the Host Country Committee's recommendation that permanent missions, their personnel and Secretariat staff members should meet their financial obligations promptly and in full. The Assembly would stress that diplomatic indebtedness was a matter of significant concern to the United Nations and that non-payment of undisputed debts reflects badly on the entire diplomatic community and tarnishes the image of the Organization.

By other recommendations of the Host Country Committee, the Assembly would note with appreciation measures taken by the host country to accelerate immigration and customs procedures for diplomatic personnel arriving in New York City and urge continued appropriate action to ensure the application of those procedures.

The Assembly would reiterate its appreciation to the permanent mission of the host country, to the New York City Commission for the United Nations and Consular Corps and the New York City Police Department for contributing to the accommodation of the needs, interests and requirements of the diplomatic community.

A Sixth Committee report on the work of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/50/642), contains three draft resolutions approved on 29 November.

By the terms of an omnibus draft resolution on the report of the Special Committee on the Charter, 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) (document A/C.6/50/L.15), the General Assembly would express its intention to initiate procedures to delete the "enemy States" clauses from Articles 53, 77 and 107 of the Charter at its earliest appropriate future session.

The Assembly would ask the Special Committee to consider, in 1996, all proposals concerning the maintenance of international peace and security, the strengthening of the role of the Organization, and enhancing the effectiveness of the Security Council, and to recommend priorities.

The Special Committee would be requested to continue to give priority to

General Assembly - 7 - Press Release GA/9031 87th Meeting (AM) 11 December 1995

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. Also to be considered would be 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 should 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. The next session of the Special Committee would take place from 21 February to 5 March 1996.

By draft resolution II, on the United Nations Model Rules for the Conciliation of Disputes between States, approved without a vote, the Assembly would 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 in disputes which could not be solved 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 arrange to distribute them to governments. The Model Rules, in ten chapters, are annexed to the draft resolution.

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

The Assembly would request the Secretary-General to collate and share information on international assistance to affected third States, and to explore assistance 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 the effects of sanctions on third States.

The General Assembly would stress the important role of the Assembly, the Economic and Social Council and the Committee for Programme and Coordination in mobilizing economic assistance by the United Nations system and the international community to affected third States. It would invite the

General Assembly - 8 - Press Release GA/9031 87th Meeting (AM) 11 December 1995

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, at its 1996 session, to continue its consideration of the question of Charter provisions related to assistance to third States affected by the application of Chapter VII sanctions.

The report of the Sixth Committee on measures to eliminate international terrorism (document A/50/643), contains a draft resolution which 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. The Assembly would urge States to promote the Declaration, strengthen their cooperation, implement their obligations under existing international conventions, and 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.

The Committee's report on the diplomatic courier and diplomatic bag (document A/50/644), approved by the Committee on 9 November, contains a draft decision which would have the Assembly decide to bring the draft articles on that subject developed by the International Law Commission to the attention of Member States, together with observations made during debate in the Sixth Committee.

A report on Article 11 Procedure (document A/50/645), approved on the same date, contains a draft resolution which would have the Assembly decide to delete Article 11 from the Statute of the United Nations Administrative Tribunal and to continue to apply any judgements made by the Tribunal prior to 1 January 1996.

The Assembly would note that the procedure provided for under that article had not proved to be a constructive or useful element in the adjudication of staff disputes within the Organization, and would stress the importance of ensuring a fair, efficient and expeditious internal system for the United Nations, including effective mechanisms for the resolution of disputes.

A report on the review of the role of the Trusteeship Council (document A/50/646), approved by the Sixth Committee on 29 November, contains a resolution by which the General Assembly would request the Secretary-General to invite Member States, by 31 May 1996, to submit their written comments on the future of the Council and to report to it before the end of its fiftieth session.

General Assembly - 9 - Press Release GA/9031 87th Meeting (AM) 11 December 1995

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

Also this morning, the Assembly will resume consideration of the return or restitution of cultural property and a draft resolution on that item. It has before it a report (document A/50/498) from the Director General of the United Nations Educational, Scientific and Cultural Organization (UNESCO), which discusses specific claims regarding such property, international technical cooperation in the field, and steps to curb traffic in cultural property.

By the text of the draft resolution (document A/50/L.28), the Assembly would reaffirm that the restitution to a country of its objects d'art, monuments, museum pieces, archives, manuscripts, documents and any other cultural or artistic treasures contributes to the strengthening of international cooperation and to the preservation and flowering of universal cultural values through fruitful cooperation between developed and developing countries.

The Assembly would request the Secretary-General, in collaboration with UNESCO, to continue to develop all possibilities for bringing about the attainment of the purposes of its resolution 48/15 of 2 November 1993 on promotion of the return of cultural property to the countries of origin as well as its restitution in case of illicit appropriation.

(For further background on the report and the draft resolution, see Press Release GA/9009 issued 27 November.)

Action on Reports of Sixth Committee

The reports of the Sixth Committee were introduced by its Rapporteur, Walid Obeidat (Jordan).

In its first action this morning, the Assembly adopted without a vote the resolution on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law.

DIOGO FREITAS DO AMARAL (Portugal), President of the General Assembly, then announced the members for the Advisory Committee on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, which had been endorsed by the regional groups. For the African group -- Ethiopia, Ghana, Kenya, Nigeria, Sudan, and the United Republic of Tanzania; for the Asian group -- Cyprus, Iran, Lebanon, Malaysia and Pakistan; for the Eastern European group -- Czech Republic, Russian Federation and Ukraine; for the group of Latin American and Caribbean States -- Colombia, Jamaica, Mexico, Trinidad and Tobago and Uruguay; for the Western European and other States group -- Canada, France, Germany, Italy,

General Assembly - 10 - Press Release GA/9031 87th Meeting (AM) 11 December 1995

Portugal and the United States.

The Assembly agreed to their appointment without a vote.

The resolution on the United Nations Decade of International Law was then adopted without a vote.

It then proceeded to adopt the resolution on the report of the International Law Commission without a vote.

Also without a vote, the General Assembly adopted the draft resolution on the establishment of an International Criminal Court.

Turning to the report of the Committee on the work of UNCITRAL, the Assembly adopted without a vote the omnibus draft resolution on the work of the Commission.

Also without a vote, the Assembly adopted the UNCITRAL resolution on the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit.

The resolution on the report of the Committee on Relations with the host country was then approved without a vote.

The General Assembly then turned to the resolutions contained in the Sixth Committee report on the work 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 resolutions on the United Nations Model Rules for the Conciliation of Disputes between States, and on assistance to third States affected by the application of sanctions.

The omnibus draft resolution on the Report of the Special Committee on the Charter was approved by a vote of 155 in favour to none against, with 3 abstentions (Cuba, Democratic People's Republic of Korea and Libya) (for details of the vote, see Annex I).

The General Assembly then turned to the resolution on measures to eliminate international terrorism without a vote.

YESIM BAYKAL (Turkey) speaking in explanation before the vote, said that terrorists should find no safe haven anywhere. By the draft, terrorists would be denied such safe haven. She said that cooperation between States and between agencies providing humanitarian sanctuary was vital in that regard.

The draft was then adopted without a vote.

General Assembly - 11 - Press Release GA/9031 87th Meeting (AM) 11 December 1995

The decision on the diplomatic courier and diplomatic bag was also adopted without a vote, as was the resolution on Article 11 procedures.

The Assembly then adopted the resolution on the review of the role of the Trusteeship Council without a vote.

The Assembly then took up the resolution on the restitution of cultural property.

The following countries were added as co-sponsors of the draft resolution: Azerbaijan, Bolivia, Cambodia, Cameroon, China, Congo, Cote d'Ivoire, Cypress, Gabon, Greece, Guatemala, Lebanon, Mali, Mongolia, Niger, Peru and Turkey.

The Assembly adopted the resolution by a recorded vote of 124 in favour to none against, with 24 abstentions (Annex II).

(annexes follow)

General Assembly - 12 - Press Release GA/9031 87th Meeting (AM) 11 December 1995

General Assembly Press Release GA/9031 87th Meeting (AM) 11 December 1995

ANNEX I

Vote on Report of Special Committee on United Nations Charter

The omnibus draft resolution on the Report of the Special Committee on the United Nations Charter and on the Strengthening of the Role of the Organization (document A/50/642) was adopted by a recorded vote of 155 in favour to none against, with 3 abstentions, as follows:

In favour: Afghanistan, Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Congo, Cote d'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Federated States of Micronesia, Fiji, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakstan, Kenya, Kuwait, Kyrgyz Republic, Lao People's Democratic Republic, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Samoa, Saudi Arabia, Senegal, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syria, Thailand, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zaire, Zambia, Zimbabwe.

Against: None.

Abstaining: Cuba, Democratic People's Republic of Korea, Libya.

Absent: Angola, Bahamas, Burundi, Costa Rica, Equatorial Guinea, Gambia, Guinea-Bissau, Lesotho, Palau, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Seychelles, Sierra leone, Tajikistan, Turkmenistan, Uzbekistan.

(END OF ANNEX I)

General Assembly - 13 - Press Release GA/9031 87th Meeting (AM) 11 December 1995

General Assembly Press Release GA/9031 87th Meeting (AM) 11 December 1995

ANNEX II

Vote on Restitution of Cultural Property

The draft resolution on the Return or Restitution of Cultural Property to the Countries of Origin (document A/50/L.28) was adopted by a recorded vote of 124 in favour to none against, with 24 abstentions, as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Armenia, Australia, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cameroon, Canada, Cape Verde, Chad, China, Colombia, Congo, Cote d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Djibouti, Dominica, Ecuador, El Salvador, Estonia, Ethiopia, Federated States of Micronesia, Fiji, Finland, Gabon, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, Iceland, India, Indonesia, Iran, Kazakstan, Kenya, Kuwait, Kyrgyz Republic, Lao People's Democratic Republic, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Peru, Philippines, Qatar, Republic of Korea, Samoa, Saudi Arabia, Senegal, Singapore, Solomon Islands, South Africa, Sri Lanka, Sudan, Suriname, Swaziland, Syria, Thailand, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zaire, Zambia, Zimbabwe.

Against: None.

Abstaining: Andorra, Austria, Belgium, Denmark, France, Georgia, Germany, Ireland, Israel, Italy, Luxembourg, Monaco, Netherlands, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, Slovakia, Slovenia, Spain, Sweden, United Kingdom, United States.

Absent: Argentina, Bahamas, Burundi, Chile, Costa Rica, Democratic People's Republic of Korea, Egypt, Equatorial Guinea, Eritrea, Gambia, Grenada, Guinea-Bissau, Hungary, Jamaica, Japan, Jordan, Latvia, Palau, Paraguay, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Seychelles, Sierra Leone, Tajikistan, Turkmenistan, Uzbekistan.

* *** *

For information media. Not an official record.