LEGAL COMMITTEE TEXT RECOMMENDS HOLDING CONFERENCE TO ESTABLISH CRIMINAL COURT FROM 15 JUNE TO 17 JULY 1998 IN ROME
Press Release
GA/L/3065
LEGAL COMMITTEE TEXT RECOMMENDS HOLDING CONFERENCE TO ESTABLISH CRIMINAL COURT FROM 15 JUNE TO 17 JULY 1998 IN ROME
19971119Three Other Texts Approved Concern Law Commission, Immunities of States, Programme for Teaching International Law
The Sixth Committee (Legal) recommends that the United Nations conference of plenipotentiaries to finalize and adopt a convention to establish an international criminal court be held in Rome from 15 June to 17 July next year, by the terms of one of four draft texts approved without a vote this morning.
The other drafts approved were on the report of the International Law Commission, the jurisdictional immunities of States and the Programme of Assistance for the teaching and dissemination of international law.
Before acting on the draft on the report of the International Law Commission, the Committee approved by a show-of-hands vote of 76 to 1 against, with 9 abstentions, operative paragraphs 10 and 11 of that text. Those paragraphs were on the Commission's split session in 1998 and on the duration of future sessions. Statements on the question were made by the representatives of New Zealand, United States, Malaysia, Turkey, Ukraine, Portugal, Argentina, Zambia, Tunisia, Canada and the United Kingdom.
The draft resolution on the report of the Law Commission would have the General Assembly recommend that the Commission continue its work on the topics in its current programme. The topics include diplomatic protection, the unilateral acts of States and the question of nationality in relation to State succession. On that last topic the Assembly would invite governments to submit comments and observations to assist the Commission in its future work.
On the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, the General Assembly would approve the establishment of a United Nations audiovisual library in international law, as well as request Member States and interested organizations and individuals to make voluntary contributions for the International Law Seminar, fellowship programme in international law and other activities under the Programme.
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The draft resolution on the convention of jurisdictional immunities of States and their property would have the General Assembly decide to consider the item again at its fifty-third session with a view to establishing a working group on the topic at its fifty-fourth session, taking into account the comments submitted by States on the issue.
The representative of Canada introduced a draft resolution on international convention for the suppression of terrorist bombings. The Committee postponed action on it until this afternoon due to continued debate on the topic. Statements were made by the representatives of Pakistan, Syria, Nigeria, Sudan, China, Lebanon and Cuba.
The Sixth Committee this morning also considered the report of the Committee on Relations with the Host Country. A draft resolution on the topic was introduced by the representative of Cyprus.
During consideration of the report, the representative of Cuba said the limitations of the Host Country Committee prevented it from carrying out its responsibilities and its restricted membership was incompatible with the realities of the United Nations. Her delegation also objected to the host country's power of veto, which she referred to as undemocratic.
The United States representative, however, said the Host Country Committee was a valuable forum for discussing issues relating to the United Nations community. Also, her delegation believed that maintaining the current size of the Committee contributed to its efficiency. The practice of welcoming participation by observers contributed to the Committee's transparency; any delegation that was not a member should continue to participate as an observer in the open-ended system that had been established.
Statements on that item were also made by the representatives of the Netherlands (on behalf of the European Union), Malaysia, Brazil, Russian Federation and Belarus.
The Committee will meet again at 3 p.m. today to consider the draft resolution on measures to eliminate international terrorism.
Committee Work Programme
The Sixth Committee (Legal) met this afternoon to continue its consideration of a draft resolution on the international convention for the suppression of terrorist bombings (A/C.6/52/L.13).
By that draft the Assembly would adopt the text of the convention and urge all States to sign and ratify it or accept, approve or accede to it. The text of the convention is annexed to the draft resolution.
The 24-article draft convention covers definitions, the scope of the convention, the obligation of States parties to implement the instrument, detention, extradition or prosecution, and cooperation to prevent actions that would be prescribed by the convention. A provision of the draft convention (article 3) states that the instrument shall not apply where the offence is committed within a single State, the alleged offender and the victims are nationals of that State, the alleged offender is found in the territory of that State and no other State has a basis under a provision of the draft convention to exercise jurisdiction, except in certain stipulated cases.
The convention shall be open for signature by all States from 12 January 1998 until 31 December 1999, and shall enter into force on the thirtieth day following the date of the deposit of the twenty-second instrument of ratification, acceptance, approval or accession with the Secretary-General.
The draft resolution is sponsored by Costa Rica.
Host Country Committee Report
In its report (document A/52/26), the Committee on Relations with the Host Country state that it dealt with the following issues during the reporting period, from 22 December 1996 to 13 November 1997: security of missions and the safety of their personnel; question of privileges and immunities; use of motor vehicles, parking and related matters; issues relating to the implementation of the Headquarters Agreement; and insurance and health.
In its recommendations and conclusions, the Committee requests the host country to take steps, in conjunction with the City of New York, to resolve the problem of parking of diplomatic vehicles in order to maintain appropriate conditions for the functioning of the delegations and missions accredited to the United Nations. That should be done in a manner "that is fair, non-discriminatory, efficient and consistent with international law", it adds.
The Committee requests the host country to bring to the attention of New York City officials reports from the diplomatic community about cases of discriminatory treatment against diplomats in order to ameliorate the situation and promote compliance with international norms concerning diplomatic privileges and immunities. The host country is also requested to continue to consult with the Committee on those important issues. The
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Committee further expresses appreciation for the efforts of its working group on the problem of parking of diplomatic vehicles and of the host country delegation. It urges the host country to continue to bring to the attention of the appropriate New York City authorities the working group proposals on the matter.
Noting the positions of the affected Member States, the Secretary- General and the host country on travel restrictions, the Committee urges the host country to remove the remaining ban on personnel of certain missions and staff members of the Secretariat of certain nationalities.
The Committee expresses appreciation for the efforts of its working group on indebtedness, and expresses the importance of permanent missions, their personnel and Secretariat personnel meeting their financial obligations. It further expresses appreciation for the working group's efforts in attempting to identify organizations that could provide affordable medical insurance or health care to members of the diplomatic community and urges that those efforts continue.
The Committee reiterates its appreciation to the Host Country Section of the United States Permanent Mission to the United Nations and those local entities that contribute to its efforts to help accommodate the needs, interests and requirements of the diplomatic community and to promote mutual understanding between the diplomatic community and the people of the City of New York.
Statements on Host Country Committee Report
SOTIRIOS ZACKHEOS (Cyprus), Chairman of the Committee on Relations with the Host Country, introduced the Committee's report. He said the Committee continued to be an important forum in which Member States sought to solve problems through a constructive exchange of views. As the newly elected Chairman, he thanked Committee members, the Host Country Section of the United States Permanent Mission, and the United Nations Secretariat for their support and cooperation.
HARRY VERWEIJ (Netherlands), on behalf of the European Union, said that the present condition and developments in the area of diplomatic parking did not yet provide a desirable conclusion of the issue. It had been reported that the number of parking fines issued to diplomatic vehicles had significantly decreased over the past six months. In that connection, it was important that sufficient parking space be provided for diplomatic vehicles.
He said the Union was somewhat troubled by the accounts of discriminatory treatment of diplomatic vehicles. The Union attached great importance to provisions of the Headquarters Agreement, especially those concerning the host country's assistance to bring such cases to the attention of New York City officials in order to promote compliance with international legal norms. Diplomats should pay their parking fines when tickets were legally issued. At the same time, procedures concerning the payment of
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parking fines should be entirely voluntary and must not include measures of enforcement.
MOHAMED RAMEEZ YAHAYA (Malaysia) said diplomats should respect the laws of the receiving States. However, there seemed to be an increase in acts of harassment and intimidation by law enforcement officers against diplomats serving in New York. The police sometimes overextended their authority, preventing diplomats from carrying out their duties. That violated the principles and norms of international law relating to diplomatic privileges and immunities. Such actions were also in contravention of the United States State Department's guidance for law enforcement officers.
The diplomatic community should be consulted before the implementation of any parking programme, he said. Proper facilities, such as adequate parking space, should be provided, and the space should remain exclusively for the use of diplomatic vehicles.
ANTONIO DE AGUIAR (Brazil) said adequate consideration must be given to the issue of diplomatic parking. Any decision regarding parking restrictions should take account of the recommendations of the Legal Counsel. Such decisions would have to be consistent with the Vienna Convention on Diplomatic Relations. The effects of United Nations decisions on the City of New York should be kept in mind.
ALEKSANDR V. ZMEEVSKI (Russian Federation) said the Committee on Relations with the Host Country had been obliged to note once again that restrictions on movements of staff of certain diplomatic missions had not been lifted. The issue had repeatedly been raised in meetings of that Committee, and efforts had been made by the United States Mission to help resolve the problem. His delegation hoped the situation would be resolved, taking account of the present state of international relations.
He said many diplomats continued to have problems over the application of tax exemptions and he hoped for an improvement in the situation. The "biggest problem" facing missions had been the issue of diplomatic parking. A solution to the problem was through dialogue and understanding of the positions of all involved. It was clear that such an approach would help resolve the problem and that one-sided action could only worsen matters. The diplomatic corps had made serious efforts to reach accommodation with the City of New York.
While the United States Mission and the City authorities had noted the reduction in parking violations, the report of the Host Country Committee quoted the observer for Azerbaijan as stating that the parking situation had deteriorated rather than improved, he said. Discrimination against vehicles of diplomatic missions were continuing and police were using arbitrary measures. It was important that the business-like relations with City authorities worked out painstakingly over the years were maintained.
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SYARGEI SYARGEEU (Belarus) said the host country laws had to be observed. At the same time, the host country was required by the Headquarters Agreement to provide appropriate services for diplomatic missions. Providing parking space was one of the necessary preconditions for the normal functioning of diplomatic missions. The time was ripe for new parking provisions that take into account the requirements of missions and that would help missions function normally.
YAMIRA CUETO MILIAN (Cuba) said her delegation had brought a number of violations to the Host Country Committee. Those actions against Cuban diplomats violated the obligations of the host country. The security of the premises of the Permanent Mission of Cuba continued to be violated. Her country rejected any interference in the normal operation of the delegation. Cuban diplomats respected their obligations to the host country, but they were also aware of the privileges and immunities of diplomats under international legal norms and rules. The security of missions and their personnel was vital to ensure that those missions could perform their required duties.
She added that the restriction on travel of up to 25 miles on Cuba and some other delegations must cease as soon as possible. Movement limitations for diplomats were unfounded and the host country should not continue to impose that discriminatory regime. Also, the matter of diplomatic parking should be resolved under the rules set by international law. The host country continued to offer partial unilateral solutions to that and other problems. They were not acceptable to the delegates and the Organization.
The limitations of the Host Country Committee prevented it from carrying out its responsibilities and its restricted membership was incompatible with the realities of the United Nations today. Its working methods were undemocratic, especially the power of veto given to the host country on matters that affected its interests. The Committee did not represent the interests of the Organization and, owing to its current composition, it was not in a position to assume its duties of protecting the rights of the international community as a whole. Her delegation hoped the winds of reform that were sweeping through the Organization would also reach the Host Country Committee.
CAROLYN WILSON (United States) said that, since 1946, her Government had fulfilled the obligations and commitments given to it as host country in every respect. The Host Country Committee was a valuable forum for discussing issues relating to the presence of the largest and most diverse diplomatic community in one of the largest and most diverse cities in the world. Its meetings and those of the related working groups provided the United States and New York City with an opportunity to understand and to measure the needs and problems of the United Nations community.
Over the course of the past year, she added, the Committee was seized with the complicated issue of diplomatic parking and her delegation believed the Host Country Committee was the appropriate forum to discuss that issue. The United States Mission looked favourably on the proposal by Malaysia to
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hold special briefings for law enforcement officers on issues relating to diplomats. The Mission was presently making arrangements with the City police to begin those briefings. Her delegation remained committed to developing a diplomatic parking programme that met the needs of the diplomatic community, as well as the other residents of New York City.
She added that while some delegations had questioned the composition of the Committee, her delegation believed that maintaining the current size of the Committee contributed to its efficiency. The practice of welcoming participation by observers contributed to the Committee's transparency. Any delegation that was not a member should continue to participate as an observer in the open-ended system that had been established.
Introduction of Draft Text
Mr. ZACKHEOS (Cyprus), Chairman of the Committee on Relations with the Host Country, introduced a draft resolution on the report of the Committee (document A/C.6/52/L.10). By that text, the Assembly 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 Host Country Committee on that issue.
The Assembly would also request the Host Country Committee to review its membership and to report the results of the deliberations at its fifty-third session. The Assembly would consider it important that any new parking regulations to be proposed by the host country to the diplomatic community be worked out in consultation with the Host Country Committee, and that such regulations should be fair, balanced, and non-discriminatory in accordance with local and international law. Due regard would be given for diplomatic privileges and immunity.
The draft resolution was sponsored by Cyprus, Côte d'Ivoire, Canada and Costa Rica.
Action on Texts
ROLF WELBERTS (Germany), introducing the draft resolution on the establishment of an international criminal court (document A/C.6/52/L.16), expressed the hope that it would be adopted without a vote.
The Secretary of the Committee, commenting on certain provisions of the draft, said no additional appropriation would be required for the convening of the conference of plenipotentiaries in Rome and that the Italian Government had agreed to absorb the costs. The costs of acquiring interpreters for two days during the Preparatory Committee meeting next year would be absorbed under the 1998-1999 budgetary appropriations. As regards involvement of non-governmental organizations (NGOs) in the work of the conference, he said the Secretariat would request the NGO Coalition involved in the work on the establishment of the court to provide a list of groups that might wish to
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attend the Rome conference. The total number of NGOs which would attend would be dependent on the space in the conference centre of the FAO headquarters, where the session would take place.
The representative of the Sudan asked whether the list of NGOs had already been drawn up, or whether others interested in the conference could still apply. He also sought clarification on the role of the NGO Coalition.
The Committee Secretary said the list had not been drawn up; it would be done in the manner he had mentioned.
The Committee then approved, without a vote, the draft text on the establishment of an international criminal court (document A/C.6/52/L.16).
The Committee approved, without a vote, the draft resolution on convention on jurisdictional immunities of States and their property (document (A/C.6/52/L.18).
RAMA RAO (India) introduced the draft resolution on the report of the International Law Commission (document A/C.2/52/L.15 and Corr.1).
A single vote was requested on operative paragraphs 10 and 11 of the draft, relating to a split session of the Commission next year and the duration of its future sessions, respectively.
The Committee approved the draft on the report of the International Law Commission (document A/C.2/52/L.15) by a show-of-hands vote of 76 in favour, to 1 against, with 9 abstentions.
The representative of New Zealand said she abstained because her delegation had no notion that a vote would be taken. Delegations should have been informed beforehand so that they could seek instructions from their governments. She insisted on an explanation for the procedure adopted.
The representative of the United States said she had wanted earlier to explain the reason for the request for the vote. The United States strongly supported the International Law Commission and its efforts to increase its efficiency. The United States was, however, concerned that arrangements made by the Commission for its 1998 session would have budgetary implications. It had, therefore, voted against the provisions. The financial arrangements made by the Commission for the session were unacceptable; the 1999 session should be for 10 weeks. In view of the United States' support for the work of the Commission, her delegation would not object to the approval of the draft as a whole without a vote.
The representatives of Malaysia, Turkey, Ukraine, Portugal, Argentina and Zambia said delegations should have been alerted about the vote.
The representative of Tunisia raised a procedural question, indicating that the voting process could not be interrupted.
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The representatives of Canada and the United Kingdom said they shared the concerns expressed with regard to the budgetary implications of some provisions of the draft.
The representative of Argentina said his delegation had voted in favour. There appeared to have been some confusion about the import of the vote. It would make a full statement at the Assembly plenary.
The Secretary of the Committee said the Secretariat would have requested a conference room with a voting machine had it known that there would be a vote.
The Committee then approved, without a vote, the draft resolution on the report of the International Law Commission (document A/L.6/52/L.15 and Corr.1).
PETER TOMKA (Slovakia), Committee Chairman, announced that the Côte d'Ivoire, Cyprus, Germany, Iran, Malaysia, Nigeria, Trinidad and Tobago, Ukraine and Nigeria had joined as co-sponsors of the draft on United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law.
The representative of Niger said his delegation also wished to join the co-sponsors.
The Committee then approved, without a vote, the draft resolution on the Programme of Assistance (document A/C.6/52/L.17 and Corr.1).
JOHN HOLMES (Canada), introducing the draft resolution on the international convention for the suppression of terrorist bombings (document A/C.6/52/L.13), said the text had emerged through intensive consultations. It was a very good and balanced product, and additional consultations would not yield the desired results. Compromises had been achieved on an outstanding article of the text -- article 3 -- which, among other things, stated that the convention would not apply where the offence was committed within a single State and the alleged offender and the victims were nationals of that State.
The representative of Pakistan said the working group of the Sixth Committee on the drafting of the convention had submitted an incomplete report. The group had not been able to reach a consensus, among other issues, on a crucial provision contained in the then article 3. The report of the group, therefore, had no article 4 and also no article 3 which was denoted by three dots. He said the Chairman of the working group had conducted the negotiations admirably, and had presented a report containing only one recommendation, which was that the Committee might consider the draft convention contained in the annex to the report. It would be most appropriate for the Sixth Committee to ensure that enough time was given for the consideration of the draft text for a possible consensus to be achieved.
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The representative of Syria said there had not been time to consider the many proposals that had been presented. The Ad Hoc Committee of the Sixth Committee should be given another chance.
The representative of Nigeria asked the Chairman to indicate the changes made to the text.
The representative of the Sudan said there should be an opportunity for revisions to be made to some provisions of the text to ensure wider acceptance of the convention.
The representative of China said informal consultations on the draft were inadequate. The draft submitted by the working group was incomplete; some important issues had not been resolved. The Sixth Committee was not a negotiating body, and the Ad Hoc Committee should consider the draft convention as an important item on its agenda next year.
The representative of Lebanon said there was need for consensus, and the concerns raised by some delegations taken into account.
The representative of Cuba said more time was required to resolve issues of sensitivity to some delegations. States which supported, financed and carried out terrorist acts should be identified. Cuba had suffered terrorist campaigns aimed at undermining its Government. Issues such as involvement of military forces and economic pressures should also be addressed, as should the role of those fighting for national self-determination. The present text did not totally represent those positions. Cuba would continue to advocate the adoption of international instrument which faced up to international terrorism.
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