SPECIAL COMMITTEE ON UN CHARTER CONCLUDES TWO-WEEK SESSION

Press Release
L/2923

SPECIAL COMMITTEE ON UN CHARTER CONCLUDES TWO-WEEK SESSION

Report to General Assembly Contains Proposals On International Court of Justice, Third States Affected by Sanctions

The Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization this morning concluded its two-week session by approving its draft report to the General Assembly, which contains, among others, proposals related to assistance to third States affected by sanctions, the future of the Trusteeship Council and strengthening the competence of the International Court of Justice.

The Committee this morning first adopted sections of its report concerning consideration of a working paper submitted by the Russian Federation and Belarus, which sought to reaffirm the immutability of provisions of the Charter in the area of peace and security, and the strengthening of the role of the United Nations.

The Committee subsequently adopted sections of the report concerning consideration of: the establishment of a dispute prevention and early settlement service, which was proposed by Sierra Leone; and proposals concerning the Trusteeship Council, which range from having the Council reconstituted as a trustee of the global commons to suggestions that the Council be abolished.

Also, the Committee, through adoption of another section of its report, decided to recommend a draft resolution to the General Assembly, by which the Assembly would express its appreciation to the International Court of Justice for the measures it had adopted to operate on an increased workload with maximum efficiency. The Court would be invited to keep its working methods under periodic review and to adopt additional measures to expedite its proceedings. The recommendations were contained in a working paper submitted by Mexico.

In closing statement, Marja-Liisa Lehto (Finland), Chairman of the Special Committee, commended the flexibility shown by the Guatemala delegation in withdrawing a proposal that did not garner support. That proposal, a revised version of amendments to the Statute of the International Court of

Justice previously submitted to the Committee, concerned the extension of the Court's competence "with respect to contentious matters to disputes between States and intergovernmental organizations".

The Special Committee, convened in accordance with General Assembly resolution 53/106 of 8 December 1998, held its current session at Headquarters from 12 to 23 April 1999. It was open to all Member States of the United Nations, in accordance with General Assembly resolution 50/52 of 11 December 1995.

The Committee is mandated to consider proposals concerning the maintenance of international peace and security, the peaceful settlement of disputes between States, assistance to third States affected by the application of sanctions and the future role of the Trusteeship Council.

Report of Special Committee

The report contains both recommendations and summaries of discussion on the various items before it.

In relation to the agenda item on the maintenance of international peace and security, section III, the report quotes the representative of the Russian Federation as pointing out that recent attempts by some Member States to bypass the Charter obligations concerning peacekeeping operations proved the necessity of reaffirming the importance of the Charter as a basis for peacekeeping operations. Recent events also underscored the key role of the Security Council as the only organ authorized to adopt decisions regarding the application of coercive measures in the interests of the entire international community. That country, therefore, proposed improvements to the Organization's peacekeeping operations through development of a legal framework for peacekeeping missions carried out with States' consent, as provided for in the Charter.

However, some delegations pointed out that the work of the Special Committee should not duplicate that of other established bodies in the Organization, for example, the Special Committee on Peacekeeping Operations, the First Committee (Disarmament and International Security) and the Fifth Committee.

There was also a suggestion that, since the Special Committee on Peacekeeping Operations was considering legal issues of the item under consideration, the issue should be referred to that Committee for discussion. Meanwhile, others expressed reservations on the substance and usefulness of the proposal. It was pointed out that, while that issue might have had some relevance during the cold war period, such an undertaking, at the current time, could not be justified, since various questions that had been raised had been largely dealt with through international practice.

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Also, there were some delegations who agreed that the proposal was useful and timely, aimed at providing a consolidated legal framework necessary for the Organization's functions in the areas of peacekeeping and conflict prevention in the new conditions of a multipolar world. They favoured detailed consideration, since they were of the view that the proposal was entirely within the Committee's mandate.

It was noted that the success of peacekeeping operations depended on the clear definition of their mandate, command structure and rules of engagement, and their authority to address the root causes of situations. Peacekeeping operations should, therefore, be strictly based on the norms and principles of the Charter, such as non-interference in the affairs of the States concerned, a respect for sovereignty of States and impartiality. Also, all peacekeeping operations should be approved by the Security Council and conducted in accordance with its established mandate.

Several delegations said that any future revision of the proposal should take into account issues like vulnerability to the right of veto by the Security Council, ambiguity of peacekeeping mandates due to the increased complexity of peacekeeping tasks and identification of the conditions for launching operations in situations arising from both inter- and intra-State conflicts. Guidelines for operations should also be developed and could apply to cases where, among other things: a ceasefire was violated; parties became belligerent towards peacekeepers; United Nations forces were denied freedom of movement; and there was a lack of political legitimate authority.

As stated in the report, the proposal did not receive further consideration by the Committee, due to lack of support from members. It was, however, decided to consider the proposal within the framework of the Special Committee, on an element by element basis, at its next session.

Also under the peace and security agenda item was the consideration of a working paper submitted by Cuba, on the strengthening of the role of the Organization and enhancing its effectiveness. The paper dealt with, in particular, the issue of the respective powers of the General Assembly and the Security Council in the maintenance of international peace and security. The delegation of Cuba considered the work of the Special Committee as preparation for the Millennium Assembly. It recognized that some aspects of its proposal dealt with topics that were the focus of discussion in other bodies of the Organization, but did not consider that a duplication of work. It hoped that the review of institutional mechanisms could meet the expectations of all Member States of the United Nations.

During consideration of a revised proposal submitted by Libya on the issue, its delegation noted that recent events had added to the responsibility of the Special Committee and given more urgency to its work. In its view, the Committee had the mandate to reaffirm the role of the United Nations and to review the Charter. However, it added, other subsidiary bodies of the United

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Nations -- for example the Open-ended Working Group on the Question of Equitable Representation on and Increase in the Membership of the Security Council and Other Matters Related to the Security Council -- had been given a specific mandate and had not achieved concrete results after five years.

Libya's delegation noted that its proposal drew attention to three elements that were paralyzing the Organization, and especially the Security Council. The first was the ineffectiveness of the Council in fulfilling its mandate under the Charter. The others were the reactivation of the role of the General Assembly, which had, to an extent, been appropriated by the Council, and the necessity to establish certain rules in cases where the Security Council had failed to perform its mandate by not taking a balanced approach, especially in the area of the application of sanctions.

Libya was the object of sanctions, its delegation told the Committee, and it was of the view that there were States to which sanctions would not be imposed, regardless of the nature of laws violated or actions committed that constituted a threat to international peace and security. It proposed to amend its proposal so that the Special Committee might commence its consideration.

The Russian Federation introduced a working paper, co-sponsored by Belarus, that sought reaffirmation of the immutability of the provisions of the Charter in the area of peace and security, and to strengthen the role of the United Nations. An advisory opinion would be sought from the International Court of Justice about the legal consequences of the recourse to the use of force by States, either without the prior authorization of the Security Council or outside the context of self-defence, as well as the role of the United Nations in guaranteeing collective security.

Some delegations expressed misgivings that, since the proposal related to several sensitive matters concerning international peace and security before the Security Council, that body was the proper forum for discussions on the issue. Others were of the view that it was not useful to refer a generic question to the International Court of Justice for an advisory opinion. Furthermore, they said, it was also unclear whether the Court could give any other answer than that the legal consequences of the use of armed force would depend on all the circumstances of each case.

Nonetheless, although some delegations expressed preference for the removal of the proposal from the Committee's agenda, others felt that it was time to re-examine the principles governing the question of territorial sovereignty. It was suggested that the Charter be amended to allow for humanitarian intervention and that there be guidelines for regulation of that action.

On the other hand, the view was also expressed that the working paper was a timely one, as it aimed at enforcing the principles of the Charter. It

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was noted that the developments in the Balkans were serious, since they posed an unprecedented threat to the Charter of the United Nations. While supporting the proposal, some delegations noted that it could be further refined with the use of clearer legal terms.

The Russian Federation and Belarus later presented a revised version (document A/AC.182/1999/L.104/Rev.1) to the Committee, but the view was reiterated that its consideration was inappropriate under the provisions of the Charter. Since, however, some members favoured its retention on the agenda, the point was made that the decision on whether the issue should be discussed at the next session of the Special Committee should be taken up by the General Assembly.

With regard to the implementation of Charter provisions related to assistance to third States affected by sanctions, delegations noted that, although the Charter empowered the Security Council to impose sanctions, it was not intended that adverse consequences to those States remain unattended. Therefore, the Special Committee was responsible for making proposals to address the issue.

All delegations welcomed the Secretary-General's report on the matter and some stressed the importance of the recommendation whereby the Security Council would request an advance assessment of the potential effect of sanctions, both on the target country and upon third States, before adopting any resolution relating to sanctions. Support was also voiced for entrusting the Secretariat with the task of monitoring the consequences of those sanctions once they had been imposed.

It was noted that hardships resulting from the imposition of economic embargoes and trade sanctions were particularly acute for developing countries.

Recommendations made to tackle that problem were: the establishment of a fund, based on assessed contributions, to rapidly assist those States adversely affected by sanctions; and the provision, by the Secretariat, of technical assistance in the preparation of explanatory materials to be attached to their requests for consultations with the Security Council. It was also suggested that the Secretary-General be invited to present his views on the detailed suggestions of the ad hoc expert group, in particular their political, financial and administrative feasibility.

Under the agenda item on the peaceful settlement of disputes, section IV, the Special Committee considered a revised proposal submitted by Sierra Leone on the establishment of a dispute prevention and early settlement service. The informal paper placed emphasis on the use by States of existing methods of dispute prevention or requesting that the Secretary-General create new lists of experts and incorporate elements of the proposal. That approach was supported by members of the Committee and it was decided to facilitate

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that proposal to allow for its further consideration in either the Sixth Committee (Legal) or the General Assembly, or at future sessions of the Special Committee.

Also, under that agenda item, the Committee considered a new proposal submitted by Guatemala for the amendment of the Statute of the International Court of Justice to extend its competence "with respect to contentious matters to disputes between States and intergovernmental organizations". The delegation of Guatemala noted that, although the Court had a heavy workload, that did not constitute a valid argument for opposition to its proposal. Also, with regard to the argument that the proposal would require an amendment to the Charter of the United Nations, amending the Statute of the Court for "practical and substantive" purposes was not the same as amending the Charter, since the Court functioned separately and independently from the other organs of the Organization.

Some delegations noted that the political will to proceed with that proposal had not manifested itself in the Special Committee. The gains to be obtained from the proposal did not justify the amount of work that would be involved in the reform of the Charter and the Statute of the Court. It was also emphasized that there had been no consensus or practical need for their reform. As a result, the delegation of Guatemala withdrew the proposal.

On the question of practical ways and means of strengthening the International Court of Justice while respecting its authority and independence, the representative of Mexico indicated that, in the light of increased recourse by States to that body, the Special Committee could respond to the pressing need by the Court for adequate financial resources to carry out its functions. He proposed that, although budgetary matters did not fall within the purview of its mandate, the Committee could bring to the attention of pertinent bodies the need for an increased budget for the Court for the 2000 to 2001 biennium.

In support of the proposal, a point was made that members of the Special Committee could informally express their support to the Fifth Committee. Also, another way to strengthen the Court would be to encourage more States to accept the compulsory jurisdiction of that body. To date, only 62 States had done so. The Special Committee would recommend a draft resolution, in support of that proposal, to the General Assembly.

Under section V, proposals concerning the Trusteeship Council, the report noted the proposal by Malta to have that body reconstituted as a guardian and trustee of the global commons or the common heritage of mankind. This new role would realize the establishment of an oversight mechanism relative to the global environment and common concerns. The Maltese delegation stated that the proposal merited further discussion and in-depth consideration since, in addition to promoting a coordinated approach to the

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concept of the common heritage of mankind, it had been endorsed by the Secretary-General in the context of United Nations reform.

Some delegations requested more information on the relationship between the reformed Council and other United Nations bodies, and offered practical suggestions and consolidated ideas regarding the possible new responsibilities of the Council. On the other hand, other delegations expressed reservations on the proposal, citing that duplication of work could occur as other forums dealt with many aspects of the common heritage of mankind and that obviated the need for a new oversight mechanism. Views were also reiterated that the Trusteeship Council should be abolished, while others said doing so would entail unnecessary amendments to the Charter.

Since the Committee could not agree on the basic concept of the proposal, the delegation of Malta decided that, if authorized by the Committee, it would be prepared to discuss the underlying principles of the proposal, as well as practical aspects of its future implementation.

On the agenda item dealing with identification of new subjects, some delegations stated that there was currently no compelling need to add to the Committee's agenda. However, objections were raised that the suggestion was not in compliance with General Assembly resolution 53/106. Meanwhile, in opposition to the view that the next session of the Committee could be shortened, since that would not negatively affect the consideration of issues if there was proper planning, it was suggested that the sessions be extended to four or five weeks. That was necessary because the number of member States of the Committee had increased considerably and such a period would allow for thorough consideration of issues that pertained to the progressive development and codification of international law.

It was also suggested that, with regard to proposals being considered by the Committee for two or three years, the Secretariat could be invited to assist it in identifying those provisions on which no agreement had been reached, so that its deliberations might be more focused.

Officers

For its 1999 session, the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, Marja-Liisa Lehto (Finland) was elected Chairman; Josko Klisovic (Croatia), Saeid Mirzaee Yengejeh (Iran) and Augusto Cabrera (Peru) were elected Vice-Chairmen; and Henry Hanson-Hall (Ghana) Rapporteur.

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