SPECIAL COMMITTEE ON UNITED NATIONS CHARTER BEGINS 1999 SESSION
Press Release
L/2919
SPECIAL COMMITTEE ON UNITED NATIONS CHARTER BEGINS 1999 SESSION
19990412 As the Special Committee on the Charter of the United Nations and on Strengthening of the Role of the Organization began its 1999 session this morning, India's representative recalled that the meeting was being held in the midst of the Balkan tragedy in which a group of the most powerful members of the international community had decided to brush aside as irrelevant both the Charter and their obligations under it.He added that India had no illusions that the Special Committee could make those countries change their mind, but it had a responsibility to point out the dangers that the North Atlantic Treaty Organization (NATO) assault on the Federal Republic of Yugoslavia held for the Charter and for the United Nations.
The representative of the Russian Federation expressed deep concern at attempts to undermine the developing multipolar system of the present day world order, which was based on the provisions of the Charter. No one had the right to use armed force circumventing Charter provisions. No excuses for such actions by the reasons of necessity to overcome humanitarian disaster or by considerations of either political, economic, military or any other reason, may be justified. It was only possible to combat violations of international law and human rights with clean hands and on the solid basis of the international law, otherwise a boomerang effect could be produced, when lawlessness would spawn lawlessness in geometric progression.
Statements were also made by the representatives of Germany (on behalf of the European Union and associated countries) and Mexico (on behalf of the Rio Group).
Also this morning, following the opening of the session by the Under- Secretary-General for Disarmament Affairs, Jayantha Dhanapala, the Committee elected officers. Mr. Dhanapala noted that the Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, Hans Corell, was unable to attend.
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The following were elected: Marja-Liisa Lehto (Finland) as Chairman; Josko Klisovic (Croatia), Augusto Cabrera (Peru) and Saeid Mirzaee Yengejeh (Iran) as Vice-Chairmen; and Henry Hanson-Hall (Ghana) as Rapporteur.
The Committee also adopted its provisional agenda contained in document A/AC.182/L.102. Ms. Lehto (Finland) said she would meet with members of the bureau following the adjournment of the morning meeting to prepare a work programme that would be presented to Committee members this afternoon.
The Special Committee will meet again at 3 p.m. today to continue its deliberations.
Committee Work Programme
The Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization met this morning to begin its 1999 session, during which it will consider, among other topics, the question of assistance to third States affected by the application of sanctions under Chapter VII of the United Nations Charter.
The Special Committee was asked by the General Assembly, in its resolution 53/106 of 8 December 1998, to continue to consider on a priority basis the question of the implementation of the Charter provisions related to assistance to third States affected by sanctions. By the text, the Committee was to take into account all proposals on the subject, particularly, the report of an ad hoc expert group which, last year, recommended the principle of burden-sharing and the need for innovative and practical measures of international assistance to third States affected by sanctions.
The ad hoc expert group, which was convened by the Secretary-General in June last year, also recommended that the Security Council, in considering the imposition of a sanctions regime, might wish to request the Secretary-General to submit an assessment of the potential impact of sanctions on the target country, particularly on third States.
According to its provisional agenda (document A/AC.182/L.102), the Special Committee will also consider other questions identified in the General Assembly resolution, including proposals concerning the maintenance of international peace and security in all its aspects, in order to strengthen the role of the United Nations.
Also, according to the resolution, the Special Committee was to continue its work on the question of the peaceful settlement of disputes between States, including the proposal on the establishment of a dispute settlement service and proposals on enhancing the role of the International Court of Justice. It was also to consider proposals concerning the Trusteeship Council in the light of reports submitted by the Secretary-General and views expressed by States on the subject.
The General Assembly also invited the Special Committee to continue to identify new subjects for consideration in its future work as a contribution to the revitalization of the Organization's work; to discuss how to assist the General Assembly's working groups on the subject; and also to consider ways and means of improving coordination between the Special Committee and other working groups dealing with reform of the Organization.
On the question of the maintenance of international peace and security, the Special Committee has before it a working paper submitted by the Russian Federation (document A/AC.182/L.104) containing a draft resolution for
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consideration and adoption by the General Assembly at its fifty-fourth session.
By that text, the Special Committee would have the General Assembly affirm that action by air, sea or land forces of all United Nations Member States or by some of them for purposes of the maintenance of international peace and security was permissible only on the basis of a decision of the Security Council, pursuant to Chapter VII of the United Nations Charter or in exercise of the inherent right of individual or collective self-defence pursuant to Article 51 of the Charter.
The General Assembly would emphasize the immutability of the provisions of Article 53, paragraph 1, of the Charter to the effect, including that no enforcement action shall be taken under regional arrangements by regional agencies without the authorization of the Security Council.
By other terms of the draft text, the General Assembly, as a matter of urgency and pursuant to Article 96, paragraph 1, of the Charter, would request the International Court of Justice to give an advisory opinion of the following legal questions: What legal consequences the use of armed force by a State or association of States against a sovereign State, either in the absence of a decision of the Security Council taken pursuant to Chapter VII of the Charter or outside the context of the exercise of the right of individual or collective self-defence pursuant to Article 51 of the Charter, may have for the maintenance of international peace and stability? The Court would also be asked for its opinion on the effect such action would have for the role the United Nations plays pursuant to its Charter in guaranteeing the system of collective security at the global and regional level.
Finally, the Special Committee would be asked to continue its priority consideration of the questions dealt with in the present resolution at its session in the year 2000 and, on the basis of the results, to submit its recommendations to the General Assembly at its fifty-fifth session that year.
Also before the Special Committee is a working paper (document A/AC.182/L.103) submitted by Guatemala containing proposals on extending the jurisdiction of the International Court of Justice to disputes between States and intergovernmental organizations.
Statements
GEORG WITSCHEL (Germany), speaking on behalf of the European Union and Bulgaria, Cyprus, Czech Republic, Estonia, Hungary, Iceland, Latvia, Lithuania, Norway, Poland, Romania, Slovakia and Slovenia, said that the Committee's work ought to be further streamlined, more focused and concentrated on a number of selected topics as mandated by the General Assembly. It had to avoid duplication and repetition. A cut-off mechanism should be introduced to prevent the continued
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discussion of topics for many years without concrete results, as well as the incidence of duplicate discussions with other bodies. The European Union was committed to finding appropriate solutions based on consensus, he stated, reiterating the need for avoiding duplication of work, in particular, in the areas of United Nations reform and peacekeeping.
He addressed the issue of implementation of the Charter's provisions as they related to third States affected by the application of sanctions. The Secretary-General's report of last year contained suggestions on developing a methodology for assessing the consequences that affected those States as a result of sanctions, as well as proposals for innovative and practical measures for granting international assistance to those States. The Secretary-General should be invited to present his views, especially on their political, financial and administrative feasibility.
On the issue of peaceful settlement of disputes between States, the Committee should be careful to avoid work currently being undertaken by the Secretary-General, he said. On possible amendments to the Statute of the International Court of Justice, he said members must bear in mind that there had been no consensus on embarking on the process of amending the Charter. Although legitimate budgetary demands of the Court should be fulfilled, that was being addressed by other committees and bodies.
GUSTAVO ALBIN (Mexico), on behalf of the Rio Group, said that streamlining the work of the United Nations was one of the goals that must be the lodestar for the deliberations of all the Organization's bodies. The present session afforded an opportunity to revitalize the Special Committee and make it a more efficient body.
He said the Committee had made strides in the consideration of assistance to third States hurt by the imposition of sanctions, but measures continued to be needed in order to fully implement Article 50 of the Charter. Measures to mitigate those effects must continue to be carefully studied. Sanctions were a measure of last resort to be used when all other measures had been exhausted. They must have specific goals and deadlines, and their effects must be reviewed throughout.
On the ongoing reform process of the United Nations, he said it was not easy to avoid overlaps. There were issues on the Special Committee's agenda that were being analysed elsewhere, as well. The Committee would have to go over its agenda with a fine tooth comb to find those areas where it could most efficiently rationalize the work of the United Nations.
SERGEY V. LAVROV (Russian Federation) said the current session was being held when the need to ensure international peace and security on the basis of strict observance of United Nations Charter provisions was of special actuality. His country was deeply concerned at attempts to undermine the developing multi- polar system of the present day world order which was based on the provisions of the Charter. No one had the right to use armed force circumventing Charter provisions. No excuses for such actions by the reasons of necessity to overcome humanitarian disaster or by considerations of either political, economic, military or any other reason, may be justified.
The Russian Federation did not seek to defend violations of international
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law and human rights anywhere and by any party, he said. Combating such violations of the law was possible with clean hands and on the solid basis of the international law only, otherwise it could produce the boomerang effect, when lawlessness would spawn lawlessness in geometric progression. It would be unthinkable for a national court in a democratic country to uphold illegal methods to combat crime. Then why the attempts to apply different standards in relation to international law and to ignore its basic norms and principles could not be stopped? he asked. All United Nations Members were obliged to be firm and consistent in their efforts to defend the Charter.
He noted the submission of a draft text by his country for consideration by the Committee and recommendation to the General Assembly that was intended to confirm the nature of United Nations Charter provisions that regulated the use of force. It also emphasized the immutability of those provisions, which stipulated that no enforcement action should be taken under regional arrangements or by regional agencies without the authorization of the Security Council. It also proposed to request an advisory opinion of the International Court of Justice on the legal consequences of the use of armed force that was not in compliance with the provisions of the Charter.
The work of the Committee regarding the effect of sanctions on third States was of a priority nature, he said. The approval of recommendations in that area could contribute significantly to Security Council considerations in that regard and become a step forward in the implementation of relevant General Assembly resolutions. Another important area was the development of the legal basis for peacekeeping operations. His delegation intended to make recommendations to improve and perfect the operations currently in practice in the Organization.
NARINDER SINGH (India) said the Special Committee was meeting in the midst of the Balkan tragedy in which a group of the most powerful members of the international community had decided to brush aside as irrelevant both the Charter and their obligations under it. India had no illusions that the Committee could make those countries change their mind, but it had a responsibility to point out the dangers that the North Atlantic Treaty Organization (NATO) assault on the Federal Republic of Yugoslavia held for the Charter and for the United Nations.
Firstly, he said, NATO's attacks violated Article 53. No regional arrangement could take enforcement action without the authorization of the Security Council. Secondly, NATO had not been attacked by Yugoslavia. Its
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members could not, therefore, claim to have acted in self-defence under Article 51. Thirdly, NATO's attacks were meant to coerce Yugoslavia into accepting measures in areas which were entirely within its domestic jurisdiction. They, therefore, violated Article 2.7. The rule of law came into the gravest jeopardy when the powerful either broke it with impunity, or subverted it by claiming that their crimes were lawful. That applied equally to the rule of law in the international community, which was why NATO's actions in Yugoslavia should be a matter of such grave concern to the Committee.
He said that, for many years, the Committee had debated various aspects of the sanctions regimes authorized by the Charter. Sanctions were at best a blunt instrument, and India had been troubled both by the frequency and the politicization of its use, on the one hand, and, on the other, the collateral damage it had inflicted on innocent populations and its impotence in furthering the ends of the Security Council. India was relieved that one long-running act in that tragedy was coming to an end with the suspension of sanctions on Libya. Recent experience had highlighted the need to look closely at the open-ended nature of sanctions regimes. That had not been envisaged in the Charter, nor was it either fair or equitable to have a system of sanctions continue indefinitely without the opportunity for scope of an impartial review.
India attached the highest importance to assistance to third States affected by the application of sanctions under Chapter VII of the Charter, he said. In practice, economic embargoes and trade sanctions had caused great hardship to third States and their people, especially the developing countries. While the Security Council had the competence to impose and enforce sanctions under Chapter VII of the Charter vis-à-vis a target State, the Charter had not intended that the adverse consequences for non-target third States would remain unattended. The Council had the responsibility of alleviating the damage suffered by third parties by creating mechanisms to provide relief.
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