ASSEMBLY WOULD PROMOTE ESTABLISHMENT OF INTERNATIONAL CRIMINAL COURT, UNDER TEXT APPROVED AS LEGAL COMMITTEE CONCLUDES SESSION
Press Release
GA/L/3033
ASSEMBLY WOULD PROMOTE ESTABLISHMENT OF INTERNATIONAL CRIMINAL COURT, UNDER TEXT APPROVED AS LEGAL COMMITTEE CONCLUDES SESSION
19961129 Committee Also Approves Draft Resolutions On Measures against Terrorism, Work of Charter CommitteeThe General Assembly would pave the way for a convention to establish an international criminal court, take steps to suppress international terrorism, and direct the work of its Special Committee on the United Nations Charter, under the terms of three draft resolutions approved without a vote this afternoon, as the Sixth Committee (Legal) concluded its work for the current session.
With respect to the criminal court, the Assembly would set the dates for forthcoming meetings of the Preparatory Committee, so it might complete a draft convention for submission to a diplomatic conference of plenipotentiaries. It would decide that the conference would be held in 1998, to finalize and adopt the convention. It would also ask for establishment of a fund to facilitate the participation of the least developed countries.
Under a second text, the Assembly would strongly condemn all acts of international terrorism. It would call on all States to adopt specified measures to prevent terrorism and strengthen international cooperation against it. It would also establish an ad hoc committee to elaborate an international convention for the suppression of terrorist bombings and acts of nuclear terrorism.
The draft resolution on the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization would have the Assembly set the dates for that body's next session as 27 January to 7 February 1997. In particular, it would ask the Committee to continue its priority consideration of the implementation of Charter provisions on assistance to third States affected by the application of Chapter VII sanctions.
Sixth Committee - 1a - Press Release GA/L/3033 50th Meeting (PM) 29 November 1996
Statements in connection with today's actions were made by the representatives of Egypt, the United States, China, Argentina, Mexico, Cuba, Malaysia, Nigeria, Liechtenstein, the Sudan, Lebanon, Iran, Norway, Sweden, New Zealand, Pakistan, Viet Nam, Costa Rica, Israel, Libya and Syria.
Also this afternoon, the Committee heard statements with respect to the issuance of a statement of programme budget implications for a draft resolution on the law of international watercourses, approved on 27 November. The representatives of the United States and Mexico spoke.
In closing remarks, the Committee Chairman Ramon Escovar-Salom (Venezuela) said the Committee's work had proceeded in a spirit of compromise, making a valuable contribution to the progressive development of international law
The reports of the Sixth Committee will be presented to the General Assembly at a date to be announced in the Journal.
Committee Work Programme
The Sixth Committee (Legal) met this afternoon to conclude its work for the current session. It was expected to take action on draft resolutions concerning the establishment of an international criminal court, measures to eliminate international terrorism, and the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. It was also expected to consider reopening a text approved on 27 November concerning the non-navigational uses of international watercourses (document A/C.6/51/L.16), to review its programme budget implications.
The Assembly would decide to reaffirm the mandate of the Preparatory Committee for the Establishment of an International Criminal Court, under a draft resolution submitted by the Chairman of the Sixth Committee (document A/C.6/51/L.10). By its terms, the Assembly would set the dates for forthcoming meetings of the Preparatory Committee to complete a draft convention for submission to a diplomatic conference of plenipotentiaries. It would decide that the conference would be held in 1998, with a view to finalizing and adopting the convention.
The Secretary-General would be asked to establish a special fund for the participation of the least developed countries in the work of the Preparatory Committee and of the conference, and all States would be called upon to make voluntary contributions to it. The Assembly would urge participation in the Preparatory Committee by the largest number of States, so as to promote universal support for an international criminal court.
The Assembly would direct the Preparatory Committee, during its forthcoming session, to deal with the following: definition and elements of crimes; principles of criminal law and penalties; organization of the court; procedures; complementarity and mechanisms to trigger the court's involvement; cooperation with States; establishment of the court and its relationship with the United Nations; final clauses and financial matters; and other matters. Conference-servicing costs for the Preparatory Committee's meetings are estimated at $534,600 for the period in question (see document A/C.6/51/L.22).
The Committee also has before it a draft resolution on measures to eliminate international terrorism (document A/C.6/51/L.15/Rev.1), proposed by the coordinator of informal consultations on that subject. By its terms, the Assembly would strongly condemn all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomsoever committed. It would repeat that criminal acts intended to provoke a state of terror for political purposes were unjustifiable in any circumstance, regardless of political, philosophical, ideological, racial, ethnic, religious or other considerations that might be invoked to justify them.
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The Assembly would call upon all States to adopt further measures in accordance with relevant provisions of international law, including international standards of human rights, to prevent terrorism and to strengthen international cooperation to combat it. In particular, it would call on them to recommend that relevant security officials undertake consultations to improve the capability of governments to prevent, investigate and respond to terrorist attacks on public facilities, in particular means of public transport. In addition, all States would be called upon to accelerate research and development on methods of detecting explosives and other harmful substances. It would note the risk of terrorists using electronic or wire communications systems and networks to carry out criminal acts and the need to find means, consistent with national law, to prevent such criminality. It would call on them, where sufficient justification exists, to investigate appropriately the abuse of organizations or groups by terrorists using them as a cover for their own activities. The Assembly would also call on all States to develop, if necessary, mutual legal assistance procedures to facilitate speedy investigations and evidence collection, as well as cooperation between law enforcement agencies to detect and prevent terrorist acts. It would call on them to employ domestic measures to prevent and counteract the financing of terrorists and terrorist organizations. It would also call on them to intensify the exchange of information on facts related to terrorism. It would repeat its call on States to refrain from financing, encouraging, training or otherwise supporting terrorist activities. In addition, the Assembly would decide to establish an ad hoc committee to elaborate an international convention for the suppression of terrorist bombings and, subsequently, an international convention for the suppression of acts of nuclear terrorism. It would meet from 24 February to 7 March 1997 to prepare the text of a draft international convention for the suppression of terrorist bombings. The Assembly further recommends that its work should continue from 22 September to 3 October 1997, during the Assembly's next session, in the framework of a working group of the Sixth Committee. Costs for conference servicing would be some $456,800 (see document A/C.6/51/L.23). Annexed to the draft resolution is a "Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism", which it would have the Assembly approve. Among its terms, States Members of the United Nations reaffirm that they should take appropriate measures before granting refugee status, to ensure that the asylum-seeker has not participated in terrorist acts. It emphasizes that asylum-seekers awaiting the processing of their asylum applications may not thereby avoid prosecution for terrorist acts. It also addresses questions relating to extradition and the sharing of information about terrorists.
Sixth Committee - 5 - Press Release GA/L/3033 50th Meeting (PM) 29 November 1996
By the draft resolution the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/C.6/51/L.20), the Assembly would decide that the Special Committee would hold its next session from 27 January to 7 February 1997. It would ask the Committee, during that session, to consider all proposals concerning the maintenance of international peace and security. Among those would be a working paper on a draft declaration on basic principles and criteria for the work of United Nations peace-keeping missions and mechanisms for the prevention and settlement of crises and conflicts.
The Assembly would ask the Special Committee to continue considering, on a priority basis, the implementation of Charter provisions on assistance to third States affected by the application of Chapter VII sanctions. It would also be asked to continue its work on the peaceful settlement of disputes between States, including a proposal for establishment of a dispute-settlement service to be used early in a dispute, as well as proposals on enhancing the role of the International Court of Justice. The Committee would also be asked to continue considering proposals relating to the Trusteeship Council. The cost of the session is estimated at $288,900 (see document A/C.6/51/L.21).
The draft resolution is sponsored by Egypt, the United Republic of Tanzania and Venezuela.
By the draft resolution on the non-navigational uses of international watercourses, the Assembly would convene a two-week session of the Sixth Committee's working group of the whole, from 24 March to 4 April 1997, to elaborate a framework convention on the topic. A statement of programme budget implications (document A/C.6/51/L.24) estimates conference-servicing costs at $288,900.
Action on Draft Resolutions
HUSSEIN MUBAREK (Egypt) introduced the draft resolution on the report of the Special Committee on the Charter, to which the following countries had been added as co-sponsors: Brazil, Ecuador, Finland, Kenya, Nigeria, New Zealand, the Philippines, Portugal, Tunisia and Zambia.
Speaking in explanation of position, the representative of the United States said her country supported the intention of the draft but could not support any action that threatened to increase the Organization's regular budget beyond the cap set for the biennium. If its provisions could have been implemented within existing resources, the United States would have joined in a consensus. However, since that was not the case, the United States would not participate in approving the draft. After the Fifth Committee (Administrative and Budgetary) considered the matter, she hoped to be able to join in consensus on the draft when it came before the General Assembly.
Sixth Committee - 6 - Press Release GA/L/3033 50th Meeting (PM) 29 November 1996
The draft resolution in the Charter Committee was approved without a vote.
The Committee then took up the text on establishment of an international criminal court.
The representative of the United States said she was unable to participate in its approval of the draft because of the need to remain within the Organization's budgetary cap for 1997. Her country's commitment to the Preparatory Committee for the Establishment of an International Criminal Court remained solid. Its concern related to economic matters. The United States hoped to be able to join the consensus when the text came before the Assembly.
The draft resolution on the international criminal court was approved without a vote.
The representative of China said the Preparatory Committee's work would be more intensive next year. The widest participation by all States was important and should be facilitated. In the spirit of cooperation and compromise, China had participated in the consensus on the draft resolution. However, it was hoped that a wider range of views would be respected in the future.
SILVIA A. FERNANDEZ DE GURMENDI (Argentina) introduced the draft resolution on measures to eliminate international terrorism.
The representative of the United States said international terrorism was a high priority for her country. However, it could not support any actions that would exceed the Organization's budgetary cap, and would not participate in the consensus. The United States was shocked to see intrasessional costs of the Sixth Committee included in the draft's statement of programme budget implications.
The representative of Mexico said her country supported the draft resolution and stressed its humanitarian aspect.
The representative of Cuba said the use of such ambiguous terms as "standards" and "general concepts" was not acceptable. Greater precision was needed.
The representative of China said there were already a number of conventions against terrorism and that all States should uphold them. The lack of a unified definition of terrorism made international cooperation difficult. A definition must be found that would be acceptable to all countries.
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The representatives of Malaysia and Nigeria said the phrase "international standards of human rights" in the draft should be changed to "international human rights instruments".
The representative of Liechtenstein said his country reserved its right to explain its position on the terrorism draft when it was considered by the Assembly.
The representative of Sudan endorsing the draft, said the legal instruments on combating terrorism should be implemented. Attempts to influence a State's cultural or political choices on the pretext that it was engaging in terrorism were not valid.
The representative of Lebanon reserved the right to comment on the draft before the General Assembly.
The representative of Iran said he had reservations regarding the wording of the draft.
The draft resolution on international terrorism was approved without a vote.
The representative of Norway said the battle against international terrorism could not violate basic human rights.
The representative of Sweden stressed that criminal charges could not be brought against organizations but against individuals.
The representative of New Zealand said that the draft resolution would not undermine conventions which addressed the responsibility of States for refugees.
The representative of Pakistan said a comprehensive legal definition of international terrorism was needed. Such a definition should take account of the right of liberation movements to wage their legitimate struggles for self- determination.
The representative of Viet Nam said it was his country's consistent policy to condemn international terrorism and to support all efforts in that regard. It had therefore joined the consensus on the draft. However, it could have been more precisely worded as "appropriate measures in conformity with the relevant provisions of national and international law".
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The representative of Costa Rica said the fight against terrorism should not affect the protection of refugees or asylum-seekers or lead to human rights violations. The draft resolution did not affect international provisions for the protection of human rights.
The representative of Israel, while supporting the draft, stressed that the international community must resist attempts to legitimize terrorism by linking such acts to political struggles.
The representative of Libya said he supported efforts to confront the problem of terrorism. Libya had been victimized by such acts and was still coping with the phenomenon. While supporting the resolution, he said it should have clarified the definition of terrorism. Describing it as "certain acts" without being more specific served narrow political designs. The international community must distinguish between international terrorism and the legitimate rights of people to struggle against internationally condemned and illegal occupation.
The representative of Syria reserved the right to comment on the draft resolution before the General Assembly.
Other Matters
RAMON ESCOVAR-SALOM (Venezuela) Committee Chairman, drew attention to the statement of programme budget implications for the draft resolution on international watercourses.
CAROLYN WILLSON (United States) said her country supported the intention of the text but was unable to support actions which risked increasing the Organization's regular budget expenditure for the biennium. The United States therefore disassociated itself from action on the text, which was taken before its programme budget implications had been made available.
SOCORRO FLORES LIERA (Mexico) said that in her view, the matter was closed. The Committee had already taken action on that draft resolution.
Mr. ESCOVAR-SALOM (Venezuela), Committee Chairman said the Committee had thus concluded its work for the current session. He commended its members for conducting valuable and insightful discussions in a spirit of cooperation.
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