LEGAL COMMITTEE APPROVES DRAFT EXTENDING COMPETENCE OF UN ADMINISTRATIVE TRIBUNAL TO STAFF OF REGISTRY OF WORLD COURT

14 November 1997

Press Release
GA/L/3062

LEGAL COMMITTEE APPROVES DRAFT EXTENDING COMPETENCE OF UN ADMINISTRATIVE TRIBUNAL TO STAFF OF REGISTRY OF WORLD COURT

19971114 Debate on Measures to Eliminate Terrorism Continues

The General Assembly would amend article 13 of the statute of the United Nations Administrative Tribunal to allow its competence to be extended to the staff of the Registry of the International Court of Justice, by a draft resolution approved by the Sixth Committee (Legal) this morning, without a vote and as orally amended.

By that text, submitted by the Chairman of the Committee, the amendment would also enable the Tribunal to hear and pass judgement on cases alleging non-observance of the Regulations of the United Nations Joint Staff Pension Fund. It would extend the Tribunal's competence, with the approval of the General Assembly, to any other international organization or entity established by a treaty and participating in the common system of conditions of service.

Under its statute, the Tribunal is competent to hear and pass judgement upon applications alleging non-observance of contracts of employment or terms of appointment of staff members of the United Nations Secretariat. Its competence may also be extended to specialized agencies.

Also this morning, the Sixth Committee continued its debate on measures to eliminate international terrorism, with some representatives stating that the definition of terrorism should not include acts taken in pursuit of self- determination or the liberation of peoples from occupying forces.

The representative of Syria said his delegation was worried that sufficient emphasis had not been placed on the right of peoples to struggle against occupation. That right would distinguish it from other actions. The struggle against an occupier should not be considered a terrorist act.

The representative of Bosnia and Herzegovina drew attention to paramilitary units, a specific form of international terrorism that had manifested itself during the conflict in his country. Their primary methodology was to act against the civilian population through torture, rape and murder to instill terror in the population and force survivors to abandon their homes. Their activities were a grave violation of the United Nations Charter.

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The representative of Libya said state terrorism was the most dangerous form of terrorism as it reached the largest number of people and it had at its disposal the greatest amount of resources and technology available. Noting that his country had been the victim of terrorism carried out by great Powers, he said state terrorism should be considered the most heinous form of terrorism and should be covered by the convention.

Statements were also made on that item by the representatives of Ghana, Bahrain, Botswana, Australia, Malta, India, Indonesia, Iran, Iraq, Russian Federation, Ethiopia and Egypt, Spain and Kuwait. Pakistan, Iran and China sought information on matters relating to consultations on the draft convention.

The Committee will meet again at 3 p.m. today to continue consideration of measures to eliminate international terrorism.

GAL3062

Committee Work Programme

The Sixth Committee met this morning to continue its consideration of measures to eliminate international terrorism. It was also scheduled to take action on a draft resolution relating to an amendment to the statute of the United Nations Administrative Tribunal. (For background information the question of measures to eliminate international terrorism, see Press Release GA/L/3060 of 13 November.)

Draft for Action

A draft resolution, proposed by the Committee Chairman, concerns an amendment to article 13 of the statute of the United Nations Administrative Tribunal (document A/C.6/52/L.11). It would have the General Assembly decide to amend that article with effect from 1 January 1998, as follows:

(a) New paragraphs 1, 2 and 4 would be inserted to read:

"1. The competence of the Tribunal shall be extended to the staff of the Registry of the International Court of Justice upon the exchange of letters between the President of the Court and the Secretary-General of the United Nations establishing the relevant conditions;

"2. The Tribunal shall be competent to hear and pass judgement upon applications alleging non-observance of the Regulations of the United Nations Joint Staff Pension Fund arising out of the decision of the United Nations Joint Staff Pension Board submitted to the Tribunal by:

(a) Any staff member of a member organization of the Fund which has accepted the jurisdiction of the Tribunal in Joint Staff Pension Fund cases who is eligible under article 21 of the Pension Fund regulations as a participant in the Fund, even if his employment has ceased, and any person who has acceded to such staff member's rights upon his death;

(b) Any other person who can show that he is entitled to rights under the Pension Fund Regulations by virtue of the participation in the Fund of a staff member of such member organization;

"4. The competence of the Tribunal may also be extended, with the approval of the General Assembly, to any other international organization or entity established by a treaty and participating in the common system of conditions of service, upon the terms set out in a special agreement between the organization or entity concerned and the Secretary-General of the United Nations. Each such special agreement shall provide that the organization or entity concerned shall be bound by the judgements of the Tribunal and be responsible for the payment of any compensation awarded by the Tribunal in respect of a staff member of that organization or entity and shall include, inter alia, provisions concerning its participation in the administrative

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arrangements for the functioning of the Tribunal and concerning its sharing the expenses of the Tribunal";

(b) Former article 13 would be renumbered paragraph 3 of article 13."

In addition, the Assembly would also decide to include in the provisional agenda of its fifty-third session the item entitled "Review of the statute of the Administrative Tribunal of the United Nations".

The original Article 13 of the Tribunal's statute states, among other things, that the Tribunal's competence may be extended to any specialized agency brought into relationship with the United Nations in accordance with the provisions of Article 57 and 63 of the United Nations Charter on the terms established by a special agreement made with the agency by the Secretary- General. Each special agreement shall provide that the agency concerned shall be bound by the judgements of the Tribunal and be responsible for the payment of any compensation awarded by the Tribunal in respect of a staff member of that agency. The agreement shall include, among others, provisions concerning the agency's participation in the administrative arrangements for the Tribunal's functioning and the sharing of its expenses.

The Sixth Committee discussed the proposal to amend the Tribunal's statute on 24 October. In a note requesting the amendments (document A/52/142/Add.1), the Secretary-General said the President of the International Court of Justice had decided to modify the appeals system to permit the extension of the jurisdiction of the Tribunal to cover the Court's Registry staff. The Secretary-General's note said it had been proposed to modify the provisions of the Tribunal's statute to conform with a General Assembly decision relating to the Tribunal's jurisdiction in cases of alleged non- observance of the Regulations of the United Nations Joint Staff Pension Fund. Furthermore, it was also proposed to extend the Tribunal's competence to other international organizations and entities participating in the common system of conditions of service.

The Tribunal is competent to hear and pass judgement upon applications alleging non-observance of contracts of employment of staff members of the Secretariat of the United Nations or the terms of appointment of such staff members. Its competence may also be extended to specialized agencies.

Statements

MIKHAIL WEHBE (Syria) said further efforts must be made to deal with the question of military forces in the draft articles on the suppression of terrorist bombings. In order to come to a solution to that debate and allow for adoption of a convention, the text should not include attention to military forces because that would go beyond its confines. At the same time, further consideration should be given to such questions as what should be the title of the convention and what should be the definition and the scope of

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terrorism covered in the convention. A definition of terrorism should be made clear, because the provisions needed to be applied precisely.

He added that his delegation was worried that sufficient emphasis had not been placed on the right of peoples to struggle against occupation. Reference to that right would allow a convention to distinguish between that and other actions. The struggle against an occupier should not be considered terrorist actions. Specifically, actions of the Palestinian people that have been driven out of their land could not be deemed terrorism, when they were struggling against occupation. That also applies to those struggling against occupation in the Syrian Golan, which had been occupied since 1967. Israel had exercised many forms of violence and terrorism against the people living there in violation of international law and United Nations resolutions. One cannot describe resistance to occupation as terrorism. Such descriptions were meant only to mislead public opinion.

DJORDJE KOCETKOV (Bosnia and Herzegovina) drew attention to a specific form of international terrorism that had manifested itself during the conflict in his country and in the region generally. He said that paramilitary units from neighbouring areas, primarily Serbia, were using terror, genocide and ethnic cleansing to exterminate the State of Bosnia and Herzegovina and to achieve a Greater Serbia. Numerous reports indicated their presence in eastern parts of Bosnia and Herzegovina, including some parts of Sarajevo.

The paramilitary units and gangs had also been active in Croatia, he said. They enjoyed full logistic support of the relevant state organs and some of the political organizations in Serbia. They had been indoctrinated with intolerance, extremism, hatred on ethnic and religious basis against the non-Serb population of Bosnia and Herzegovina -- and in particular against Bosniacs -- a nation which was also a Slavic one. Their primary methodology was to act against the civilian population through torture, rape and murder to instill terror in the population and force survivors to abandon their homes. Their activities were a grave violation of the United Nations Charter.

To deal with such activities, he called for the elaboration in future of a comprehensive convention on international terrorism which would include provisions against recruitment, use, financing and training of paramilitary gangs and units. Such a convention would be an important contribution to the progressive development of international law and its codification, he stated.

JACK WILMOT (Ghana) said his delegation shared the sentiments embodied in the draft international convention for the suppression of terrorist bombings, and joined in unreservedly condemning all acts of terrorism. Terrorism should be seen to be evil in whatever form it was perpetrated, and that no one act was more or less reprehensible than the other. Ghana urged all States to take urgent steps to ratify all the international legal instruments relating to international terrorism. Much remained to be done in terms of cooperation in education, information and mobilization of resources. There was a need also for coordination of efforts by the various United

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Nations agencies and among other international organizations working towards the elimination of international terrorism.

The abatement or elimination of economic exploitation, political intolerance and social injustice could remove some of the motivations manipulated by terrorists to justify their unacceptable behaviour, he said. He commended the International Civil Aviation Organization (ICAO) for its activities in the fight against international terrorism. He also welcomed the endeavours of the United Nations Educational, Scientific and Cultural Organization (UNESCO), particularly its project "Towards a Culture of Peace", under which a variety of activities and training programmes had contributed to the progressive elimination of the causes of international terrorism. He called for the development of the institutional capacity of developing countries to effectively prevent their territories from being used either for planning or execution of terrorist acts.

AHMED AL-MULLA (Bahrain) said terrorism had caused much grief and destruction and had led to undermining the stability of governments. Terrorist acts were aimed at international security as a whole and hindered the social structure and development efforts of States. Terrorism could not be justified regardless of the reasons and beliefs of its perpetrators. His delegation supported efforts to increase cooperation among States in combating terrorism and the need to supplement existing international legal instruments on the matter to better address the issue of terrorism.

He also supported an international convention for the suppression of terrorist bombings. Its conclusions would lead to new legal instruments to combat such acts. Bahrain had taken part in a number of international and regional efforts to eliminate terrorism, including being a party to a treaty to combat terrorism in aircraft and civil aviation. All countries must step up their efforts to help eliminate that scourge and there should be increased cooperation in prosecuting its perpetrators.

ABDUSALAM SERGIWA (Libya) said terrorism was a serious threat to mankind as a whole, shaking confidence in international relations and hindering stability. The United Nations should continue efforts under way for some years to eliminate international terrorism. The number of terrorist attacks and their victims grew everyday and despite efforts to combat it terrorism continued to take innocent lives.

State terrorism was the most dangerous form of terrorism as it reached the largest number of people and it had at its disposal the greatest amount of resources and technology available to harm people, he said. His country had been the victim of terrorism carried out by great Powers, including an attack by the United States in 1986. Libya's assets abroad had been frozen, it had been deprived of key technology and had to deal with military confrontations within its territory. That should be considered the most heinous form of terrorism and should be covered by the convention on terrorism.

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The United Nations should adopt the appropriate framework to address all forms of terrorism, including State terrorism, he added. It should also not consider as terrorism the armed struggle of countries and peoples' efforts towards liberation. Peoples must be allowed to put an end to foreign domination and occupation, he stressed.

DIRATSAGAE B. MOLOMO (Botswana) said some countries had experienced the effects of terrorism more than others. The spirit with which the question of terrorism had been addressed had clearly demonstrated a consensus on the establishment of a uniform rule of law to supplement domestic legislation. His delegation had witnessed divergent views with respect to a few articles in the convention being drafted by the Ad Hoc Committee of the General Assembly established to elaborate an international convention for the suppression of terrorist bombings. Limitations sought to be imposed on the applicability of the proposed text should not lose sight of the principal objective by taking account of the interests of the wrongdoer.

His delegation was of the view that if the draft convention would not have jurisdiction over military activities of States, further considerations should be undertaken to subject such activities to the jurisdiction of some international authority. Botswana was eager to see the articles of the convention assume the force of law.

MARK GRAY (Australia) said his country believed that the draft convention on the suppression of terrorist bombings would contribute significantly to international efforts to combat terrorism. Should it enter into force in time, it would assist Australia in planning and enacting security arrangements for the Olympic Games, to be held in Sydney in the year 2000. Australia had taken steps to promote adherence to the major international counter-terrorism conventions in South-East Asia and the South Pacific, including holding prevention training and seminars.

It had provided model counter-terrorism legislation to interested countries, and had also been updating its regional neighbours on progress in the drafting of the convention on the suppression of terrorist bombings. He urged States to support those kinds of activities in their regions and to become party to the major international counter-terrorism conventions. He supported the continued work of the Ad Hoc Committee in March 1998 and would be interested in joining with others in making a preliminary assessment of how the comprehensive draft convention might be further developed.

ANTON TABONE (Malta) said that all States were under the obligation of the United Nations Charter and other relevant international instruments to refrain from organizing, abetting or participating in terrorist acts in the territory of other States. They should not encourage activities directed towards the commission of such acts, including allowing the use of its national territory for planning and training for terrorist activities. Also, the taking of hostages, wherever and by whomever committed, was unjustifiable.

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He said Malta participated in a number of regional efforts to eliminate terrorism, including being a party to the Final Declaration of the Second Summit of Heads of State of the Council of Europe, adopted in October. There, participating States had asserted their determination to make full use of the existing machinery to combat terrorism in all its manifestations, while ensuring a respect for legality and human rights. They had also called for the adoption of further measures to prevent terrorism and to strengthen international cooperation to that end. He urged that a compromise be reached on the current disagreements surrounding a convention on the suppression of terrorist bombings and that the convention be adopted as soon as possible.

B.B. TIWARI (India) said a convention on the suppression of terrorism bombings should have been wider in its scope and contained more direct provisions on the obligations of States not to provide safe haven to terrorists and to strictly adhere to the principle of "extradite and prosecute". There should not be any conditionalities such as subjecting extradition requests to the domestic law of the requested State. It was important that every accused person should enjoy protection of human rights, in particular the procedural guarantees of due process and the rule of law. However, human rights should not act as a ground for refusal of extradition of the offender or to refuse mutual legal assistance and judicial cooperation to the requesting States.

A convention should also apply equally to the activities aimed at private property or when such activities involved the manufacture of bombs, irrespective of the chemicals and substances used in the making of such bombs, he said. Unfortunately, deliberations on the draft convention had adopted a narrow approach, limiting the scope mainly to public facilities, providing for refusal on grounds of human rights and subjecting the decision of extradition to the requested State's law. Those matters should be addressed in the coming meetings of the Ad Hoc Committee on the topic.

ROBERT MANGINDAAN (Indonesia) said there was need for a concerted international action to combat international terrorism. Work on the drafting of the convention on suppression of terrorist bombings should be guided by generally accepted international legal norms, with strict adherence to the provisions of the Charter. Indonesia was ready to support and cooperate in the conclusion of the draft convention. His country had already ratified a number of conventions on international terrorism and was in the process of ratifying others. Indonesia had consistently condemned terrorism in all its forms and manifestations, he stressed.

SAEID MIRZAEE-YENGEJE (Iran) said implementation of provisions in the draft convention on the suppression of terrorist bombings concerning extradition of suspected terrorists would greatly help eradicate international terrorism. He emphasized that insinuation of false and unfounded allegations against others in pursuit of domestic agendas or on the grounds of ulterior political motives did not contribute to the curtailment or elimination of terrorism. Such disturbing behaviour diverts world attention from the roots

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of the problem to fallacious targets which abate confidence, stability and security on both regional and international levels and was detrimental to the common struggle against terrorism.

On the issue of activities taken by military forces, he said it was not prudent to include such matters in the draft convention. If it was to be included, however, the Sixth Committee should keep in mind, among other issues, that the right of self-defence was recognized in Article 51 of the Charter. Also, military forces of States acting in accordance with Chapter VII of the Charter were also under an obligation to observe the principles of international humanitarian law.

MOWAFAK M. AYOUB (Iraq) said his delegation expressed opposition to all terrorist acts and his country had established strict penalties for the commission of such acts. A convention of the suppression of terrorist bombings should distinguish between acts of terrorism and liberation acts. It could not in any way apply to the struggle against occupation. The draft convention should recognize the difference between terrorism and efforts to restore peoples' rights. A convention should also cover state terrorism, which was much more widespread and destructive than individual terrorist acts. However, measures to fight terrorism should not in any way undermine the basic human rights of peoples.

He said his delegation had reservations on article 3 of the draft, because it did not clarify the status of military forces and their activities in regard to terrorism. That and a general definition of terrorism should be made explicit to dispel any doubts about the convention's application.

ALEXANDRE ZMEEVSKI (Russian Federation) said his delegation attached great importance to the question of international terrorism and the United Nations role in efforts to combat it. Russia fundamentally condemned terrorism by whoever committed it and attached importance to efforts to deal with the problem, globally and regionally. It believed that the Office for Drug Control and Crime Prevention in Vienna should concentrate on the legal aspects of the question of terrorism and the political dimension should be dealt with by the United Nations Secretariat and the Sixth Committee.

The Russian Federation hailed the progress achieved in the work of the Ad Hoc Committee drafting a convention on the suppression of terrorist bombings and hoped the differences over the military activities of States would be resolved in the near future. He noted that informal consultations had been taking place on the matter. A definition of armed forces should be included in the manner agreed upon at the first session of the Ad Hoc Committee. Russia would be willing to seek mutually acceptable solutions to those problems at the regular session of the Ad Hoc Committee. It had concerns over a provision of the draft convention relating to denial of extradition and legal assistance to terrorist suspects. Warning that the provision could be abused, he said it should be applied in a manner that promoted international cooperation. Russia would go along with a compromise on the issue.

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He announced that his delegation intended to provide a commentary on its draft text on an international convention on the suppression of nuclear terrorism. Russia welcomed practical measures adopted at regional levels. At the domestic level, he said his Government now had a new criminal code which established responsibility for a number of crimes including kidnapping, hostage taking, and crimes against international officials. A new policy decree had been issued by the Russian President to combat terrorism. An interdepartmental body had also been created to coordinate measures against terrorism. Russia hoped concrete steps would be taken during the current session against international terrorism.

WORKIE BRIYE (Ethiopia) said that, as one of the victims of terrorism, his country appreciated the efforts of the Sixth Committee in combating terrorism. His delegation recognized the importance of a comprehensive approach to eliminating terrorism, adding that such efforts should transcend international boundaries. Terrorism and global violence were not only a means of last resort but a way of communicating an agenda. His delegation supported the progress made by the United Nations in fighting different manifestations of terrorism.

He said there were still some outstanding issues of the draft convention that had not been resolved. For example, the preamble paragraphs underlined the need for a comprehensive legal framework to combat terrorism. That was a lofty idea that could not be achieved within the current framework of a convention. Also, the draft convention should assign a clear definition to terrorism and give clear guidelines on who was a terrorist and who was an accomplice to terrorist acts. The scope of the convention should not apply to the actions of governments that undertake legal efforts of self-defence.

HUSSEIN MUBARAK (Egypt) said the phenomenon of terrorism was one of the greatest challenges facing the international community. Terrorism affected an entire population by sowing fear, and United Nations Member States must take all measures possible to eliminate and suppress terrorist acts. Terrorism consisted of extremism that was not confined to any particular part of the world nor was it specific to any religion or culture. "Terrorism was just an attempt to return to the law of the jungle", he added.

The United Nations was bound to fight terrorism in order to protect innocent civilians, he said. While doing that, however, States should not infringe on the right of peoples to self-determination. Disregarding such rights would only make those groups further embittered. Acts committed by occupying forces against those being occupied were also a threat to international peace and security and should be recognized in the draft convention. Military forces should not be covered in the convention because it would unduly broaden its scope. It should also allow for a serious study of terrorism in order to understand and eliminate that scourge.

LUIS F.CEREZO (Spain) said his delegation supported the statement made by the representative of the Netherlands on behalf of the European Union.

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Spain condemned terrorism in all its forms and manifestations. International cooperation was essential to combat it, he said and added that Spain was party to a number of international conventions relating to terrorism. It had participated actively in the current work on the suppression of terrorist bombings and would have liked a broader instrument. It would, however, support it. His delegation hoped outstanding issues would be agreed upon as soon as possible for an early conclusion of the text.

Spain supported the core of the activities of the Office for Drug Control and Crime Prevention in Vienna, he said, highlighting the international relationship in the fields of organized crime and drug trafficking.

AYADAH AL-SAIDI (Kuwait) said terrorism should be condemned by all despite its objectives. There was an imperative need to end it through international cooperation, using all necessary means. His country had been participating actively in the work of the Ad Hoc Committee and would like to see agreement reached as soon as possible to ensure early conclusion of work on the draft text. States should be urged to accede to international instruments on the terrorism. It was essential to define terrorism to end the confusion over who was a terrorist. Kuwait condemned all forms of terrorism, including state terrorism, he said and referred to Iraqi terrorist acts against his country resulting in destruction and pollution of the environment.

Exchange of Views on Draft Convention

The representative of Pakistan sought information on the informal consultations said to have been going on at certain capitals and on the margins of the Sixth Committee on the provision of the draft convention relating to state military activities. As the Committee was a multilateral body, delegations would like to know who was conducting the consultations, what was the status of the consultations, who had authorized it and who would present a text on it.

He also sought information on what was intended with that text, which should not be part of the draft articles presented to the Committee yesterday by the Chairman of the Ad Hoc Committee. The impression that that provision was the only outstanding issue was incorrect. There were other issues to be dealt with. The Chairman of the Ad Hoc Committee had not said in his statement yesterday that there were no other outstanding issues. Finally, he asked when a response to his comments should be expected.

PETER TOMKA (Slovakia), the Sixth Committee Chairman, said the questions raised could be dealt with at the Committee's next meeting.

The representative of Iran said it was premature for consultations to be conducted on the report of the Ad Hoc Committee, although delegations had the right to consult one another. He stressed the need for transparency in all activities of the Committee.

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The Chairman said delegations would be fully informed about all consultations.

The representative of China said the questions raised by the representatives of Pakistan and Iran were very important. Her delegation believed that all States wanted to combat international terrorism. The draft convention was of great importance. It was not correct that the provision of the draft convention relating to military forces was the only outstanding issue. There were others of equal importance. Appropriate action should be taken on the issues raised by the representative of Pakistan, she added.

Action of Draft Resolution

Mr. TOMKA (Slovakia), Chairman of the Committee, introduced the draft resolution contained in document A/C.6/52/L.11. He said the word "shall" should replace "would" in para 1 (a) as well as in paragraph 4 (b).

The Committee then approved the draft, as orally amended.

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