ASSEMBLY WOULD URGE STATES TO TAKE ALL MEASURES TO ENHANCE PROTECTION AND SECURITY OF DIPLOMATIC MISSIONS, BY LEGAL COMMITTEE DRAFT
Press Release
GA/L/3099
ASSEMBLY WOULD URGE STATES TO TAKE ALL MEASURES TO ENHANCE PROTECTION AND SECURITY OF DIPLOMATIC MISSIONS, BY LEGAL COMMITTEE DRAFT
19981116 The General Assembly would urge States to take all measures to enhance the protection and security of diplomatic missions, representatives and officials and also prevent abuse of diplomatic or consular privileges and immunities by a draft resolution approved, without a vote, by the Sixth Committee (Legal) this afternoon.Expressing alarm over the recent acts of violence against diplomats and officials of international intergovernmental organizations, the Assembly would strongly condemn those acts and emphasize that they could never be justified.
Also by the text, States would be urged to ensure, with the participation of the United Nations, where appropriate, that such acts were fully investigated with a view to bringing the offenders to justice.
In another action, the Committee approved, also without a vote, a draft decision that would have the Assembly include a review of the Statute of the Administrative Tribunal of the United Nations on the agenda of its fifty- fourth session. The draft was introduced in the Committee last week by the United Kingdom.
Also this afternoon, the Committee began consideration of activities planned in connection with the centennial next year of the first International Peace Conference. The events, to be held in The Hague, Netherlands, and St. Petersburg, Russian Federation, in May and June respectively, would be devoted to discussions of the three themes of the centennial: armaments, humanitarian law and peaceful settlement of disputes. The two countries are co-hosting the events.
The Committee also began discussion of activities undertaken by States and international organizations to mark the closing of the United Nations Decade of International Law (1990-1999).
Statements on the two issues were made by representatives of Austria (on behalf of the European Union), Panama (on behalf of the Rio Group), Bahrain, Viet Nam (on behalf of Association of South-East Asian Nations -- ASEAN), Dominican Republic (on behalf of countries in Central America), Cameroon, Russian Federation, Brunei Darussalam, Cyprus, Netherlands and Guatemala.
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Under-Secretary-General for Legal Affairs and United Nations Legal Counsel Hans Corell informed the Committee of the various activities undertaken by the Office of Legal Affairs in disseminating information on international law. During 1998, the Office of Legal Affairs increased its presence on the Internet with the addition of several new websites. The United Nations had been nominated for the Computerworld Smithsonian Award for its electronic access to and storage of the United Nations Treaty Series. That database had now become part of the Smithsonian's Permanent Research Collection.
The Committee will meet again at 10 a.m. tomorrow, 17 November, to continue its consideration of activities planned for the centennial of the first International Peace Conference and the closing of the United Nations Decade of International Law.
Committee Work Programme
The Sixth Committee met this afternoon to consider issues related to the observance of the United Nations Decade of International Law (1990-1999). It had before it documents A/53/492, on programme of activities for the Decade; and A/53/332 and Add.1, on draft guiding principles for international negotiations containing comments on the subject received from Kyrgyzstan, Libya, Mongolia, Qatar and Mexico. A third document, A/53/525, cover a list of titles appearing in the publication Multilateral Treaties Deposited with the Secretary-General.
The Committee was also scheduled to take action on four draft resolutions: document A/C.6/53/L.8/Rev.1, relating to the teaching, study and wider appreciation of international law; and documents A/C.6/53/L.10, A/C.6/53/L.11 and A/C.6/53/L.12 all relating to activities connected with the observance of the centennial of the first International Peace Conference, and the closing of the United Nations Decade of International Law.
Among the various activities carried out in connection with the Decade was the continued effort of the Office of Legal Affairs to disseminate information on international law. Apart from the publication of studies, it had also resorted to dissemination through the electronic medium. The publications are listed in document A/53/492. The document also indicates that information about United Nations activities in the field of international law was accessible through the sub-site on international law (http://www.un.or/law) under the United Nations home page.
On the United Nations Treaty Collection, the report states that the key objective of the project was to substantially speed up the analysis, review, inputting and processing treaty-related data, and their subsequent publication, by employing modern electronic technology. The project was completed on 9 August, and the Treaty Section had a system which would enable it to scan or convert to text format, through optical character recognition, all documents received and then store the information in the database.
Drafts for Action
A draft resolution on the United Nations Decade of International Law (document A/C.6/53/L.8/Rev.1) would have the General Assembly invite all States and international bodies named in the programme of action on the closing of the Decade to provide to the Secretary-General an update or supplementary information on activities they had undertaken. The draft was proposed by the Chairman of the Working Group on the Decade.
The Assembly would appeal to States, international organizations and non-governmental organizations working in the field of international law and
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to the private sector to make financial or other contributions to facilitate the implementation of the programme of activities of the Decade.
The Secretary-General would be authorized to deposit, on behalf of the United Nations, an act of formal confirmation of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. States would be encouraged to consider ratifying or acceding to the Convention.
By the draft, the Secretary-General would be asked to provide all necessary assistance for the elimination of the historic backlog in the publication of the United Nations Treaty Series within the next biennium. He was also to ensure that hard copies of the Treaty Series and Multilateral Treaties Deposited with the Secretary-General are distributed to permanent missions free of charge.
The Assembly would note with appreciation the activities undertaken by the International Committee of the Red Cross in the field of humanitarian law, including protection of the environment in times of armed conflict.
A draft decision submitted by the United Kingdom on Review of the Statute of the Administrative Tribunal of the United Nations (document A/C.6/53/L.10) would have the General Assembly include a Review of the Statute of the Administrative Tribunal of the United Nations on the agenda of its fifty-fourth session.
A draft resolution on consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (document A/C.6/53/L.11), would have the Assembly express alarm by the recent acts of violence against diplomats and officials of international intergovernmental organizations and strongly condemn those acts, emphasizing that they can never be justified.
States would be urged to strictly observe and enforce the principles and rules of international law governing diplomatic and consular relations and to take all necessary measures to enhance the protection and security of missions, representatives and officials. States would also be urged to ensure, with the participation of the United Nations where appropriate, that such acts are fully investigated with a view to bringing the offenders to justice.
By other terms of the draft, the Assembly would recommend that States cooperate closely to enhance the protection and security and safety of diplomatic and consular missions and representatives. States would also be urged to take any appropriate measures to prevent any abuse of diplomatic or consular privileges and immunities.
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The draft, introduced by Finland this morning, is sponsored by Argentina, Austria, Canada, Chile, Czech Republic, Denmark, Finland, Germany, Hungary, Iceland, Lesotho, Netherlands, Norway, Romania, Russian Federation, Spain, Sweden, The former Yugoslav Republic of Macedonia, Turkey, United Kingdom, Uruguay and Zimbabwe.
A draft text on the action dedicated to the 1999 centennial of the first International Peace Conference and to the Closing of the United Nations Decade of International Law (document A/C.6/53/L.12) would have the General Assembly welcome the progress made in realization of the programme of action, presented by the Governments of the Netherlands and the Russian Federation, which aims at contributing to the further development of the themes of the first and second International Peace Conference (held in 1899 and 1907, respectively) and could be regarded as the third international peace conference.
The draft would encourage the two Governments to continue with implementation of the programme of action and encourage other States to participate in the activities set out. It also would encourage United Nations bodies and non-governmental organizations, groups and individuals to contribute to the discussion on the themes of the commemoration of the first International Peace Conference on the basis of the preliminary report and to consider participation in the activities.
It would request that the two Governments prepare reports on the conclusion of the centennial celebrations at The Hague and St. Petersburg for submission to the General Assembly at its fifty-fourth session. The Assembly would also request the Secretary-General to consider activities to promote the outcome of the United Nations Decade of International Law, including the possibility of releasing by the United Nations a set of jubilee postage stamps and post cards in commemoration of the centennial of the first International Peace Conference. The draft is sponsored by the Netherlands and the Russian Federation.
Statements
HANS CORELL, Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, informing the Committee of various activities undertaken by the Office of Legal Affairs in disseminating information on international law, said his office had been actively working on the preparation and publication of studies. Those included the preparation of further volumes of the United Nations Juridical Yearbook as well as the second instalment of Summaries of Judgements, Advisory Opinions, and Orders of the International Court of Justice, 1992-1996. The Codification Division had also prepared two publications commemorating the fiftieth anniversary of the establishment of the International Law Commission.
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During 1998, the Office of Legal Affairs had increased its presence on the Internet with the addition of several new websites, he said. Interest in the site of the International Criminal Court had recently peaked at an average of 50,000 hits per week. The Internet version of the United Nations Treaty Database continued to be one of the most accessed websites, with an average of 25,000 hits per week. Earlier in the year, the United Nations was nominated for the Computerworld Smithsonian Award, in the category of Government and Non-Profit Organizations, for its electronic access to and storage of the United Nations Treaty Series. That database had now become part of the Smithsonian's Permanent Research Collection.
KURT HERNDL (Austria), speaking on behalf of the European Union and associated States, said that with the United Nations Decade on International Law coming to a close, it was timely to reflect on what had been done and what had been achieved during the Decade. There was a greater awareness today of the role which international law was designed to play in international relations. State authorities and the public at large realized the potential of international law and the need to apply the rule of law to inter-State relations. The Legal Office and the Codification Division deserved praise for the skill and energy with which they had conducted their tasks under the Decade Programme. One of the main objectives of the Decade was to introduce the themes of international law to a much broader public than only to the very few scholars and practitioners of international law. He particularly singled out for praise the determined effort to eliminate the backlog in the publication of the United Nations Juridical Yearbook. He also welcomed the issuance of Summaries of Judgements, Advisory Opinions, and Orders of the International Court of Justice, 1992-1996, among several other new publications.
The European Union was encouraged by those activities, he said. He also paid tribute to The Hague Academy of International Law for addressing issues of the state of international law at the turn of the millennium. This year had also witnessed the adoption of the Statute of the International Criminal Court. Turning to the upcoming commemoration of the centennial of The Hague Peace Conference of 1899, he said the European Union was aware of the promising preparatory process which would lead to the holding of important events in The Hague and in St. Petersburg.
HERNAN TEJEIRA (Panama), speaking on behalf of the Rio Group, expressed appreciation to the Legal Counsel for the activities undertaken to publish and disseminate information about international law. The important volume of judicial information now available electronically would facilitate the study and understanding of international law. At the same time, electronic access would ensure that capitals had timely access to useful information. He encouraged the Secretariat to continue with those efforts. He congratulated the Secretariat for the publication of the analytical guide to the work of the
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International Law Commission 1949-1997 as well as the publication on the International Court of Justice 1992-1996.
He noted the interest of the members of the Rio Group in seeing that translated versions of multilateral treaties deposited with the Secretary- General were available. The new database on treaties deserved particular merit as it was a useful tool that would not only increase savings but also facilitate the dissemination of information.
The Rio Group appreciated the efforts of the Russian Federation and the Netherlands in promoting celebration activities for the commemoration of the conclusion of the Decade and for the centennial of the first International Peace Conference, he said. The initiative of Mongolia to identify guiding principles on international negotiations was fully in keeping with the aims of the United Nations and had been supported by the Rio Group.
AHCENE KERMA (Algeria) said his delegation was satisfied with the progress achieved during the successive phases of the Decade. The programme of activities for dissemination of information about the Decade carried out by the United Nations and other international organizations were all formidable efforts. Great efforts were made by the international community as a whole to encourage the acceptance of the development and codification of international law.
International law promoted harmonious international relations, he said. The recent Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Ottawa Convention) was an enormous success made possible by the new climate in international relations. Algeria supported the encouragement of the teaching, study, dissemination and wider appreciation of international law. It was making the study of international law more accessible in the country to ensure respect for the rule of law. Algeria was party to a number of conventions, he said, and added that wider appreciation of international law could be strengthened if all States participated in its codification. Developing countries should be involved in negotiations to develop and codify international law.
He supported the draft principles and guidelines for international negotiations proposed by Mongolia and called for their adoption. He commended the efforts by the Russian Federation and the Netherlands to ensure the success of the centennial celebration of the first International Peace Conference in 1999. Activities planned should not be limited to what had been done in the past century, but issues and challenges currently facing the international community.
WAHAB AL-AMER (Bahrain) said his delegation supported the objectives and activities being undertaken in connection with the Decade. He welcomed the
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information provided by States and international organizations on activities they had carried out.
He commended the Russian Federation and the Netherlands on the programmes they had planned for the centennial of the first International Peace Conference in 1999.
NGO QUANG XUAN (Viet Nam), speaking on behalf of the Association of South-East Asian Nations (ASEAN), said in light of the importance of international law, ASEAN was committed to working towards the codification of legal principles, rules and regulations in search of viable solutions to challenges facing the increasingly interdependent world. In conformity with international law, particularly the United Nations Charter, Member States should find ways and means to settle their disputes and differences through peaceful means. The ASEAN had made a concerted effort to contribute to the promotion of peace and stability by adopting a comprehensive approach to regional security and the establishment of a network of arrangements and mechanisms.
The ASEAN believed that international negotiations should be conducted in accordance with international law and in good faith, he said. It supported the work done on the draft guiding principles for international negotiations as proposed by Mongolia. It also strongly supported the efforts by the United Nations to promote the teaching, study, dissemination and wider appreciation of international law. He noted with satisfaction that the Office of Legal Affairs had not only promoted publications concerning the United Nations activities in the field of international law, but had also made information available through the electronic medium. He reiterated the necessity of keeping in mind the needs of developing countries in recovering costs connected with the database.
CRISTINA AGUIAR (Dominican Republic), speaking on behalf of the Central American countries, welcomed the plans to officially inaugurate the United Nations new electronic database. In a society where technology played such a central role, it was of primary importance to facilitate access to information on international law. While she recognized that the access fees were aimed at covering the high costs related with that service, she nevertheless believed that the charges should be moderate and include special treatment for users from developing countries.
She said the proposal by Mongolia on international negotiations was in general terms an important document in that it grouped together historically known and accepted principles. The Central American countries would study the proposal carefully and respond to it. She supported the commemorative events under way, but added that she hoped those events would succeed in solidifying and enhancing joint efforts to reinforce international peace and security.
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VICTOR TCHATCHOUWO (Cameroon) said his country supported activities planned to mark the end of the Decade of International Law. The objectives were in accord with his country's foreign policy. The jurisdiction of the International Court of Justice should be broadened and strengthened. International law should be respected and words matched by deeds. Cameroon encouraged any initiative aimed at promoting respect for international law and commended the role played by the International Law Commission in the development and codification of international law.
He said the draft principles and guidelines on international negotiations were in keeping with international law. His country believed in the principles. There was need to encourage the teaching, study and wider appreciation of international law. His delegation commended the information provided by the Secretary-General on the subject. Audio and video cassettes on international law should be made available freely to educational institutions in developing countries. He urged the Office of Legal Affairs to speed up work on the databases.
ALEXANDRE V. ZMEEVSKY (Russian Federation) said the purpose of the Decade was to foster and strengthen the role of international law. The success of activities planned for the Decade depended on the participation of all States and organizations, and he drew attention to the draft resolution submitted by his delegation and the Netherlands. The draft focused attention on a number of activities planned for the centennial and urged States to participate in them.
He said a national committee on the Decade had been set up in Russia and its programmes were being followed by the Government and the people. The national committee had planned a number of activities from 22 to 25 June 1999, including seminars and a commemoration of the role played by a Russian scholar who made significant contributions to the first and second International Peace Conferences. There would be discussions on the reports on themes of the centennial -- peaceful settlement of disputes, disarmament and humanitarian law. The final conclusions would be presented to the General Assembly at its fifty-fourth session.
A number of cultural activities had also been planned, he said. The Russian Federation took a positive view of the role of the United Nations in the promotion of international law. He said careful attention should be paid to peace-building, which had often been stressed by the Secretary-General. The events being held to mark the centennial of the first International Peace Conference in 1999 should reinforce international efforts in the promotion of and respect for international law.
NURBANI TENGAH (Brunei Darussalam) commended the efforts of the Office of Legal Affairs in disseminating information on international law and noted that the Office was disseminating even more information through the electronic
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medium. The new system of a new database for the treaty collection would be a great improvement. She hoped the necessary maintenance and further enhancements would be provided.
On the draft guiding principles on international negotiations, she said negotiations were the most flexible and effective means of peaceful settlement of disputes and bilateral and multilateral cooperation between States. Some delegates in statements had mentioned "a more level playing field" for States, highlighting the reality that even with the number of principles governing diplomatic relations and the conduct of States between themselves, there still existed differences of interpretation and lack of consensus in the area that might impede successful negotiations. Her country supported the initiative of the draft guide with the hope that the collection of existing principles and norms of international law would be used as a ready reference for States in the conduct of meaningful and genuine negotiations.
A.J. JACOVIDES (Cyprus) said that if the relevant rules of international law had been applied, the problems of Cyprus would not have arisen. Moreover, if the rules were applied today, the international aspects of the problem could be resolved quickly and fairly for all parties concerned, in the interest of peace in the volatile region. Cyprus had accepted the compulsory jurisdiction of the International Court of Justice and had repeatedly declared its willingness to have the Court adjudicate on the problem.
Noting that the purpose of the Decade had been to enhance and solidify respect for international law and also to popularize it, he said much useful work had been done in that area over the past nine years. Major events, such as the Congress on Public International Law, had been held. Major publications had been issued. Particularly welcome was the emphasis on utilizing the electronic media to disseminate a variety of information on United Nations activities in the field of international law. He also highlighted the new informal forum of annual meetings of the legal advisers of Foreign Ministries. It was a non-institutional forum which provided the opportunity to compare notes and get to know one another and share views on issues of topical concern.
He supported the initiative to mark appropriately the centennial of the first International Peace Conference of 1899 and the closing of the United Nations Decade on International Law.
HARRY G.J. VERWEIJ (Netherlands) said the first International Peace Conference resulted in the well-known 1899 Hague Conventions and Declarations on three themes: the armament question, humanitarian law and the laws of warfare, and the peaceful settlement of disputes. The 1899 Peace Conference was one of the first examples of open-ended multilateral diplomacy. The Conference institutionalized the peaceful settlement of disputes by establishing the Permanent Court of Arbitration.
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He said the Programme of Action for the 1999 Centennial entailed -- in its first phase -- reports on each of the themes of the 1899 Peace Conference, to be drawn up by highly regarded experts in their respective disciplines. Those were Christopher Pinto and Francisco Orrego Vicuna on the peaceful settlement of disputes, Christopher Greenwood on international humanitarian law and the laws of warfare, and Hans Blix on the armament question. Their reports were now available. The results of the centennial discussions would hopefully indicate possible ways ahead on the themes and would be submitted to the General Assembly at its fifty-fourth session at the closing of its Decade of International Law -- the fourth phase of the centennial celebrations.
The Hague part of the centennial events would take place on the very dates of the first Hague Conference, 18 and 19 May, and the St. Petersburg part from 22 to 25 June 1999. The Hague meeting would focus on the legislative and normative aspects of the discussions, while the St. Petersburg meeting would address implementation issues in respect of The Hague themes.
He underlined the importance of regional conferences which would discuss the reports on the themes of the centennial. Through those conferences, all sectors of the international community would be able to participate in the centennial celebrations, guaranteeing a diversity of opinions and comments necessary to make the outcome of the seminars in 1999 a solid one.
ROBERTO LAVALLE VALDEZ (Guatemala) supported in general the project on the draft guiding principles of international negotiations. He believed that the principles governing international negotiations must be formulated without prejudice to the rules of customary law that exist with respect to those negotiations. Neither should any formulated principles impede the possible birth in the future of new customary laws applicable to negotiations. Concerning negotiations held outside the usual framework of peaceful settlement of disputes, he suggested that principles not be applied in a very strict manner.
Action on Drafts
The Committee approved, without a vote, the draft decision on the review of the Statute of the Administrative Tribunal of the United Nations.
Before action on the draft resolution on the consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and their representatives, Finland announced that Italy had joined in sponsoring the draft. The Committee then approved the text without a vote.
Speaking after action, the representative of Mexico, said her delegation had gone along with the decision to approve the draft without a vote. Mexico rejected any abuse of the privileges and immunities granted to diplomatic and consular missions. Mexico interpreted operative paragraph 8 in the sense that the duty and responsibility to punish abuse was the obligation of the sending State. * *** *