SIXTH COMMITTEE APPROVES TEXT ON ASSISTANCE TO THIRD STATES AFFECTED BY APPLICATION OF SANCTIONS
Press Release
GA/L/3102
SIXTH COMMITTEE APPROVES TEXT ON ASSISTANCE TO THIRD STATES AFFECTED BY APPLICATION OF SANCTIONS
19981119 Texts Related to International Law Commission and Status Of Additional Protocols to 1994 Geneva Conventions Also ApprovedThe Security Council would again be invited by the General Assembly to consider further appropriate mechanisms for consulting on resolving the special economic problems of third States arising from its imposition of preventive or enforcement measures, according to one of three draft resolutions approved without a vote by the Sixth Committee (Legal) this afternoon.
Further by the text, the Assembly would also strongly recommend that the Council continue its efforts to further enhance the functioning of its sanctions committees, and that it streamline their working procedures and facilitate access to them by representatives of those third States. The Secretary-General would be asked to ensure that competent units within the Secretariat continue to develop a possible methodology for assessing the adverse consequences actually incurred by those States.
In addition, the draft would reaffirm the important role of the General Assembly, the Economic and Social Council and the Committee for Programme and Coordination (CPC) in mobilizing and monitoring economic assistance efforts by the international community and the United Nations system to the affected third States.
Statements in explanation of position on the draft were made by the representatives of Ukraine and the Russian Federation.
Another text approved by the Committee would have the Assembly request the International Law Commission, while continuing its work on prevention in connection with the topic, "International liability for injurious consequences arising out of acts not prohibited by international law", to examine other issues arising out of the subject. The Assembly would stress the desirability of the enhancement of dialogue between the Commission and the Sixth Committee and would ask the Commission to submit recommendations to that effect.
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The representatives of Mexico, New Zealand, Portugal, Ireland, Sweden (on behalf of the Nordic countries), Austria, Argentina, Venezuela, Greece, Costa Rica, Netherlands and the United States, spoke in explanation of position.
By the terms of a further draft approved this afternoon, the General Assembly would appeal to all States to become parties to the 1949 Geneva Conventions and their two Additional Protocols of 1977, relating to the protection of victims of armed conflicts. It would urge parties to Additional Protocol I to make the declaration accepting the International Fact-Finding Commission in relation to armed conflict, created under article 90 of that Protocol.
The representative of Israel spoke on the draft resolution in explanation of position.
The Sixth Committee will meet again at 10 a.m. on Monday, 23 November, to take action on four remaining draft resolutions and to conclude its work for the current session of the General Assembly.
Committee Work Programme
The Sixth Committee (Legal) met this afternoon to take action on draft resolutions related to the implementation of provisions of the United Nations Charter related to assistance to third States affected by sanctions; the establishment of an international criminal court; the report of the International Law Commission on the work of its fiftieth session; the Status of Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts; and the Convention on jurisdictional immunities of States and their property.
By the draft resolution on implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions (document A/C.6/53/L.3/Rev.1), the General Assembly would renew its invitation to the Security Council to consider establishing further appropriate mechanisms or procedures for holding early consultations on resolving the special economic problems of third States arising from preventive or enforcement measures imposed by the Council under Chapter VII of the Charter.
The Assembly would strongly recommend that the Council continue its efforts to further enhance the functioning of its sanctions committees, streamline their working procedures and facilitate access to them by representatives of the third States affected by sanctions. The draft would reaffirm the important role of the Assembly, the Economic and Social Council and the Committee for Programme and Coordination (CPC) in the mobilization and monitoring of economic assistance for the third States.
The Secretary-General would be asked to ensure that competent units within the Secretariat continue to develop a possible methodology for assessing the adverse consequences actually incurred by those third States.
By other provisions of the draft, organizations of the United Nations system, international financial institutions, other international organizations, regional organizations and Member States would be invited to address more specifically and directly the special economic problems of the affected third States. The Special Committee on the Charter and on the Strengthening of the Role of the Organization would be asked to continue, at its 1999 session, to consider, on a priority basis, the question of assistance to the third States affected by sanctions. The revised draft was submitted by the coordinating delegation.
By a draft text on the establishment of the International Criminal Court (document A/C.6/53/L.9/Rev.1), the General Assembly would ask the Secretary- General to convene the preparatory commission -- called for under resolution F adopted by the Rome United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court -- on the following
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dates: from 16 to 26 February 1999; 26 July to 13 August 1999; and 29 November to 17 December 1999.
(By resolution F, the preparatory commission would take all possible measures to ensure the coming into operation of the International Criminal Court, without undue delay, and to make the necessary arrangements for the commencement of its functions. Such measures include preparation of rules of procedure and evidence; elements of crimes; a relationship agreement between the Court and the United Nations; basic principles governing a headquarters agreement to be negotiated between the Court and host country (Netherlands); and a budget for the first financial year. The draft texts of the rules of procedure and evidence and of the elements of crimes shall be finalized before 30 June 2000.)
The Secretary-General would also be requested to make available to the preparatory commission secretariat services -- not including the preparation of working documents -- to enable it to perform its functions.
The General Assembly would call upon all States to consider signing and ratifying the Rome Statute, adopted at the Diplomatic Conference on 17 July 1998, and would encourage efforts to promote awareness of the results of the Conference and the provisions of the Statute. It would also acknowledge the historic significance of the adoption of the Rome Statute.
By the draft text, the Secretary-General would be asked to invite, as observers to the preparatory commission, representatives of organizations and other entities that have received a standing invitation from the General Assembly pursuant to its relevant resolutions to participate, as observers, in its sessions and work. He would also be asked to invite, as observers, representatives of interested regional intergovernmental organizations and other interested bodies, including the International Tribunals for the former Yugoslavia and Rwanda.
By other terms of the draft, the General Assembly would note that non-governmental organizations (NGOs) might participate in the work of the preparatory commission, including attending its plenary and other open meetings in accordance with the rules of procedure to be adopted by the preparatory commission, receiving copies of official documents and making available their materials to delegates.
Furthermore, the Secretary-General would be requested to take steps to expand the mandate of the trust funds established in Assembly resolutions 51/207 and 52/160 for voluntary contributions towards meeting the costs of participation in the work of the preparatory commission of the least developed countries and specified developing countries, respectively.
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The Assembly would decide to include in the provisional agenda of its fifty-fourth session the item entitled, "Establishment of the International Criminal Court". It would ask the Secretary-General to report to that session on the implementation of the present draft resolution. The draft was submitted by the Bureau of the Sixth Committee.
A statement submitted by the Secretary-General in accordance with rule 153 of the rules of procedure of the General Assembly (document A/C.6/53/L.21) says requirements for secretariat services to the preparatory commission would be absorbed within the resources approved under section 6 (Legal affairs) of the programme budget for the biennium 1998-1999, on the explicit understanding that no preparation of working documents would be required of the Secretariat.
Accordingly, should the General Assembly adopt draft resolution A/C.6/53/L.9/Rev.1, no additional requirement would arise under the programme budget for the biennium 1998-1999, the statement adds.
A draft resolution on the report of the International Law Commission on the work of its fiftieth session (document A/C.6/53/L.16) would have the General Assembly recommend that the Commission continue its work on the topics in its current programme. The Commission would also be asked to continue to pay special attention to indicating in its annual report topics on which it would welcome the views of governments, either in the Sixth Committee or in written form.
The Assembly would stress the desirability of the enhancement of dialogue between the Commission and the Sixth Committee, and would ask the Commission to submit recommendations to that effect.
By other terms of the draft, the Assembly would welcome the valuable work done by the Commission on the topic of "International liability for injurious consequences arising out of acts not prohibited by international law". It would ask the Commission, while continuing its work on prevention of such acts, to examine other issues arising out of the topic, and to submit recommendations on its future work on the subject.
The Assembly would reaffirm its previous decisions concerning the role of the Codification Division of the Office of Legal Affairs of the Secretariat and those concerning the summary records and other documentation of the Commission.
The Assembly would once again express the wish that seminars would continue to be held in conjunction with the sessions of the Commission, and that an increasing number of participants from developing countries would be given the opportunity to attend. The Assembly would appeal to States to make voluntary contributions urgently needed for holding those seminars.
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By a draft resolution on the status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts (document A/C.6/53/L.17), the General Assembly would appeal to all States to become parties to the 1949 Geneva Conventions. It would call upon those that had become parties to Protocol I to the Geneva Conventions to make the declaration accepting the International Fact-Finding Commission in relation to armed conflict, created under article 90 of that Protocol.
States parties to the additional Protocols, which cover international and non-international armed conflicts, would be called upon to ensure their wide dissemination and full implementation.
The General Assembly would affirm the necessity of making the implementation of international humanitarian law more effective. The Assembly would welcome the activities of the Advisory Service of the International Committee of the Red Cross (ICRC) in supporting efforts undertaken by Member States to implement international humanitarian law and to promote exchange of information on the subject.
By a draft resolution on a convention on jurisdictional immunities of States and their property (A/C.6/53/L.19), the Assembly would decide to establish a working group to consider the draft articles adopted by the International Law Commission, taking into account the recent developments of State practice and legislation, as well as the comments submitted by States. The Assembly would also ask the working group to consider whether there were any issues upon which it would be useful to seek further comments and recommendations of the Commission.
The Assembly would also invite the Commission to present any preliminary comments it may have regarding outstanding substantive issues related to the draft articles by 31 August 1999, in light of the informal consultations and taking into account the recent developments of State practice and other factors related to the issue since the adoption of the draft articles.
Action on Drafts
CRAIG J. DANIELL (South Africa) introduced the revised draft resolution on the report of the Charter Committee (document A/C.6/53/L.3/Rev.1).
The Committee then approved the draft resolution without a vote.
Speaking after the vote, the representatives of Ukraine and the Russian Federation commended all those who had taken part in the negotiations on the revised text and thanked them for their cooperation.
The representative of Lesotho said a new operative paragraph -- 8bis -- had been added to the draft resolution on the International Law Commission
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(document A/C.6/53/L.16) which read, "Takes note of paragraphs 562 and 563 of the Report of the International Law Commission regarding holding split sessions as of the year 2000 and requests the Commission to examine the advantages and disadvantages of such split sessions, and decides to return to the matter at its fifty-fourth session;".
The representative of (Mexico), speaking in explanation of position before the vote, said she interpreted operative 4 concerning international liability for injurious consequences arising out of acts not prohibited by international law, to mean that the International Law Commission should also consider the core issue of liability and present its recommendations on the issue.
The representative of Côte d'Ivoire proposed non-substantive amendments to the French translation of the draft, which were supported by the representative of France.
The Committee then approved the draft resolution, as orally amended, without a vote.
The representative of New Zealand, speaking in explanation of position after action, said it was New Zealand's firm view that that liability was the core element of the topic of "International liability for injurious consequences arising out of acts not prohibited by international law". Therefore, the Commission's work on the topic must not be limited to prevention only. Her delegation considered that the request to the Commission to consider other issues included, in particular, the issue of liability and how the Commission should complete its work on the subject.
Also stressing the same point were the representatives of Portugal, Ireland, Sweden (on behalf of the Nordic countries), Austria, Argentina, Venezuela, Greece, Costa Rica and the Netherlands.
The representative of the United States said there was not enough time for negotiations on the new operative paragraph, 8bis, of the text.
The representative of Sweden announced a non-substantive amendment to the draft on Protocols Additional to the Geneva Conventions (document A/C.6/53/L.17). Also, Chile, Cameroon, Slovenia and the United Kingdom had joined as co-sponsors.
The Committee then approved the draft, as orally amended, without a vote.
The representative of Israel, speaking in explanation of position after the vote, said that while she had joined in the consensus, regrettably Israel was among those countries unable to become a party to the Additional Protocols
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because they had introduced concepts that were not relevant to international humanitarian law and could even undermine the Conventions. She also regretted that there continued to be injections of politicized references against Israel.
JARGALSAIKHANY ENKHSAIKHAN (Mongolia), Committee Chairman, announced that France had become a co-sponsor of the draft resolution on centennial celebrations of the first International Peace Conference (document A/C.6/53/L.12) and the draft decision on the Statute of the Administrative Tribunal (document A/C.6/53/L.10).
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