LEGAL COMMITTEE ENCOURAGES FURTHER EFFORTS ON INTERNATIONAL CRIMINAL COURT; SEEKS COOPERATION OF STATES IN LAW COMMISSION WORK

Press Release
GA/L/3170

LEGAL COMMITTEE ENCOURAGES FURTHER EFFORTS ON INTERNATIONAL CRIMINAL COURT; SEEKS COOPERATION OF STATES IN LAW COMMISSION WORK

Third Approved Text Asks Host Country to Ease Travel Curbs on Certain United Nations Missions, Take Steps to Solve Diplomatic Parking Problems

The Sixth Committee (Legal) approved, all without votes, draft resolutions on the International Criminal Court, the International Law Commission and the Committee on Relations with the Host Country this afternoon.

By the terms of the draft on the International Criminal Court, the General Assembly would reconvene the Court’s Preparatory Commission for two sessions next year. All States would be called upon to consider signing, ratifying or acceding to the Rome Statute. The Assembly would encourage States to make voluntary contributions to the trust funds for the costs of the participation of least developed countries and other developing countries.

In the draft on the International Law Commission, the General Assembly would decide that the Commission's next session will be held next year in Geneva in split sessions. Governments would be requested to reply to the questionnaire on unilateral acts of States being studied by the Commission, as well as to submit the most relevant national legislation, decisions of domestic courts and State practice on diplomatic protection to assist the Commission in its work on that subject.

By the text on the Committee on Relations with the Host Country, the General Assembly would ask the host country (United States) to consider removing the travel restrictions it had imposed on staff of certain missions and staff members of the United Nations Secretariat of certain nationalities, and request it to take steps to resolve the parking problem of diplomatic vehicles to respond to the growing needs of the diplomatic community.

As the Committee ended its debate on measures to eliminate international terrorism, it heard from the representatives of Fiji and New Zealand. Speaking in right of reply were the representatives of Egypt, Uganda, Israel and Syria. The Observer for Palestine also spoke in right of reply.

The representative of Australia, in her capacity as Coordinator for the Working Group on Terrorism, presented a brief report on the status of consultations concerning a draft convention on nuclear terrorism. She said a

Sixth Committee - 1a - Press Release GA/L/3170 30th Meeting (PM) 15 November 2000

number of delegations had indicated their preference to focus efforts at this stage on the draft comprehensive convention.

During the discussion on the report of the Committee on Relations with the Host Country, Robert Rosenstock, the representative of the United States, bid farewell, after 36 General Assemblies, to the delegates of the Sixth Committee. The Chairman, Mauro Politi (Italy), said the Committee had learned much from Mr. Rosenstock in terms of law and in terms of humanity.

Also speaking during that debate were the representatives of France (on behalf of the European Union and associated States), Cuba, Russian Federation and Libya.

The representative of Chile spoke in explanation of position on the draft resolution on the International Law Commission.

The representative of Germany introduced the draft resolution on the convention on jurisdictional immunities, on which the Committee will take action tomorrow, at the conclusion of its debate on the item.

The Committee will meet again tomorrow, 16 November, at 10 a.m. to consider the agenda item on nationality of natural persons in relation to succession of States as well as the item on the convention on jurisdictional immunities of States.

Sixth Committee - 3 - Press Release GA/L/3170 30th Meeting (PM) 15 November 2000

Committee Work Programme

The Sixth Committee met this afternoon to conclude its debate on measures to eliminate international terrorism which it began last Monday. (For details see Press Release GA/L/3167 of 13 November.)

Also this afternoon, the Committee was to consider its agenda item on the Report of the Committee on Relations with the Host Country. It was also expected to receive and act upon three draft resolutions on the Report of the International Law Commission, on the establishment of the International Criminal Court and on the Committee on Relations with the Host Country.

The Committee may take up the Convention on Jurisdiction Immunities of States and their Property.

By the draft resolution entitled “Report of the International Law Commission” (document A/C.6/55/L.6), the General Assembly would decide that the Commission's next session -- its fifty-third --will be held at the United Nations Office at Geneva from 23 April to 1 June and from 2 July to 10 August 2001. It would reiterate its invitation to governments to respond in writing by 28 February 2001 to the questionnaire circulated by the Secretariat, as well as requests for materials on unilateral acts of States being studied by the Commission. Governments would also be asked to submit the most relevant national legislation, decisions of domestic courts and State practise on diplomatic protection to assist the Commission in its work on the subject.

The Assembly would take note of the Commission’s planned future subjects and would invite it to continue to take measures to enhance its efficiency and productivity. It would also ask the Commission to implement cost-saving measures as previously discussed.

By other provisions of the text, the Assembly would stress the desirability of further enhancing the dialogue between the International Law Commission and the Sixth Committee. It would in that context encourage, inter alia, the holding of informal discussions between the members of the Sixth Committee and those members of the International Law Commission attending the fifty-sixth session of the General Assembly. Finally, the draft would recommend that the Sixth Committee begin its debate on the Commission’s next annual report on 29 October 2001 during the General Assembly’s fifty-sixth session.

By the draft resolution on Establishment of the International Criminal Court (document A/C.6/55/L.11), the General Assembly would request the Secretary General to reconvene the Court’s Preparatory Commission from 26 February to 9 March 2001 and from 24 September to 5 October 2001.

The Secretary-General would be requested to make secretariat services available to the Commission and to invite, as observers, representatives of organizations and other entities that had received a standing invitation from the Assembly to participate in its work. The Assembly would note that non- governmental organizations (NGOs) may participate in the work of the Commission by attending its plenary and other open meetings as well as by receiving official documents and by making their material available to delegates.

All States would be called upon to consider signing, ratifying or acceding to the Rome Statute establishing the Court. The Assembly would encourage States to make voluntary contributions to the trust funds for the costs of the participation of least developed countries and other developing countries.

By the draft resolution on the Report of the Committee on Relations with the Host Country contained in document A/C.6/55/L.9, the General Assembly would, among other provisions, ask the host country (United States) to consider removing the travel restrictions it had imposed on staff of certain missions and staff members of the United Nations Secretariat of certain nationalities.

The host country would be requested to take steps to resolve the parking problem of diplomatic vehicles to respond to the growing needs of the diplomatic community. The Assembly would ask the host country to continue to take all measures necessary to prevent any interference with the functioning of missions accredited to the United Nations.

It would note that the host country would continue to ensure that representatives of Member States were issued visas in a timely manner to enable them to attend official United Nations meetings.

AMRAYA NAIDU (Fiji) said the draft convention on eliminating international terrorism was commendable. He noted that the working draft carefully avoided defining international terrorism. He said Fiji's recent experience had presented it with the more complex situations of internal insurrections or acts of terror. There should be a definition of terrorism that would apply to eliminating it both within and beyond the territory of any State, he said.

Domestic constitutions and legislative frameworks would need to be upgraded to incorporate international measures for suppressing and containing terrorism at all levels, he said. The working group should boldly address the need for a definition. It should also explore the scope of mutual assistance in prosecutions and judicial proceedings within the draft convention's framework.

He noted that Fiji had recently joined two initiatives concerning cooperation within the region. One related to criminal investigations about terrorism and money-laundering, the other on the strengthening of respective extradition regimes among Pacific States. Such collaborative measures, including initiatives with Interpol, had proved successful with regard to transborder criminal activities.

However, he added, his country needed cooperative assistance in the areas of technical expertise, specialist training and information-sharing. By improving national standards and expertise, sustained collaboration would promote the international fight against terrorism.

VICTORIA HALLUM, (New Zealand) said her country continued to support the development and implementation of a strong framework of multilateral measures against terrorism, so that the international community might possess the tools necessary to deter and react decisively to international terrorist incidents when they occurred. Last year, New Zealand became party to three more anti-terrorism agreements. At the Millennium Summit, its Prime Minister signed the International Convention for the Suppression of the Financing of Terrorism and announced New Zealand's commitment to accede to the International Convention for the Suppression of Terrorist Bombings, subject to the completion of the necessary domestic processes.

She thanked the Indian delegation and others for their hard work on the elaboration of a new comprehensive convention. Such a treaty could be useful in filling gaps in the coverage of the existing network of treaties. Care should be taken, however, to avoid duplicating or undercutting existing instruments.

CATE STEAINS (Australia) coordinator of the working group on measures against international terrorism, reported to the Committee on the status of consultations on the draft convention for the suppression of acts of nuclear terrorism. She said that despite the continued goodwill to approach the issue in a constructive and helpful manner, positions were still not sufficiently close to enable agreement on a proposal as the new departure point for negotiations in open-ended informal consultations. A number of delegations had indicated their preference to focus efforts at this stage on the draft comprehensive convention. Given that progress on such issues as the definition of terrorism would have a positive “flow-on” effect for the scope of provisions in the nuclear terrorism convention, that approach would appear to be a logical one.

Committee on Relations with the Host Country

SOTIRIOS ZACKHEOS (Cyprus), Chairman of the Committee on Relations with the Host Country, introduced the report of the Committee.

FRANCOIS ALABRUNE (France), speaking for the European Union said the Committee on Relations with the Host Country revealed itself to be a remarkable forum for discussion of value to all United Nations Members and capable of solving the practical problems of the diplomatic community in New York. The Committee’s work, which was to iron out those difficulties, contributed to the smooth running of the United Nations and cemented mutual understanding among the Organization, Member States and the host country.

The European Union thanked the United States administration, and particularly the Office of Foreign Missions within the United States Mission, for its efforts towards caring for the interests and needs of the diplomatic community in New York. It also thanked the Chairman of the Committee, under whose authority the expertise provided by all the Committee’s members had made a major contribution to the excellence of the Committee’s work.

He reiterated the conviction of the European Union that the insolvency problems of diplomats be solved to preserve good relations among the diplomatic community, the United Nations, the host country and the people of New York. The European Union also stressed the importance of parking spaces being made available for the diplomatic community to create the conditions needed for diplomatic missions to function correctly. They appreciated the host country’s efforts to ensure the security for the missions accredited to the United Nations and their staff. That point was one of the reasons behind the creation of the Committee 29 years ago, he added.

He said questions relating to issuance of visas should be solved pursuant to the relevant provisions of the Headquarters Agreement. They endorsed the recommendations and conclusions of the Report of the Committee on Relations with the Host Country. They were confident of the host country’s ability to take all the measures needed to remove obstacles to the smooth running of the United Nations Organization and of the missions accredited to it.

He said Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia, the associated countries of Cyprus and Malta as well as Norway associated themselves with his statement.

SORAYA ELENA ALVAREZ NUNEZ (Cuba) said the Committee should deal with those matters that were of concern to all Member States and reflect their interests. There should be a real debate, consultations and negotiation. Among the issues discussed in the Committee were the responsibility of the host country to promptly grant visas, and also problems of travel control on certain missions and Secretariat staff members of certain nationalities.

She said the policy of applying travel controls to Cubans was unfair, selective, discriminatory and politically motivated. The policy was obsolete, a relic from the cold war and was not appropriate to current conditions. After citing several instances of travel restrictions on Cuban Mission personnel, and the denial or delay in granting visas to Cuban officials, she urged the host country to take the proper steps so that visas could be granted in conformity with its obligations under the Headquarters Agreement.

VLADIMIR TARABRIN (Russian Federation) said the problems facing the diplomatic community were extremely complex. He noted that the Host Country Committee had been acting as a mediator between the diplomatic community and the host country, in resolving problems faced by diplomats in New York. He thanked the United States authorities, the New York City Commission for the United Nations and his United States Mission officials for their efforts to resolve those problems.

However, problems remained. He recalled an emergency meeting of the Host Country Committee to consider them, and hoped the host country would respond to a communication sent to it by the United Nations Legal Counsel.

The Russian Federation was concerned about the travel restriction placed on its Mission staff, which were contrary to international law, and hoped they would be lifted. He also drew attention to the parking problems encountered by diplomats –- an issue that was integral to the functioning of the diplomatic missions. He urged the host country authorities to ensure proper conditions for diplomats, including their indebtedness.

SADIK SHBANI (Libya) said his country’s mission had been subjected to restrictions that affected its functioning. Those restrictions included delays in the issuance of visas, refusal to grant multiple entry visas, travel restrictions and a ceiling on the amount the Mission could maintain in the banks.

He said unreliable pretexts on national security grounds had been invoked for the treatment of the Libyan Mission and its staff. Libya was a small country and knew that it was in its interest to maintain fruitful relations with the host country. He reaffirmed his country’s dedication to the laws of the host country, and its determination not to abuse diplomatic privileges. He appealed to the host country to reconsider its measures towards his country.

ROBERT ROSENSTOCK (United States) said the United States had always been honoured to serve as host country and was proud of its record in that respect. Since 1946, the United States Government -- with the help of local government agencies—had sought to fulfil its obligations and remained committed to doing so in the future. On the question of travel restrictions, he said the United States must -- and did -- provide Mission members and delegations with unimpeded access to the Headquarters district. The United States was not required to permit those individuals to travel around to other parts of the country unless they were doing so on official United Nations business.

As to entry visas, he said the United States endeavoured to issue visas on a timely basis, and would continue to make every effort to ensure that visas for United Nations meetings were processed in a reasonable period of time. Parking was a problem in all urban centres and the United States would continue to seek common solutions in the Committee. He concluded by saying, “On a personal note, and in the idiom of our Chairman’s great culture, I wish to say to you all, after 36 years of General Assemblies, “Ave atque vale”.

Action on Drafts

The representative of Cyprus introduced the draft on the Committee on Relations with the Host Country (A/C.6/55/L.9). The draft was approved without a vote.

The representative of Colombia introduced the draft resolution on the International Law Commission (A/C.6/55/L.6)

ALEJANDRA QUEZADA (Chile) said his country would join the consensus. In stressing the importance of the Commission’s report being available in all official languages in good time, she expressed concern that the provision in the draft resolution for split sessions for the Commission might delay the issuing of its report. She expressed the hope that that would not be the case.

The draft was approved without a vote.

The draft resolution on the International Criminal Court (A/C.6/55/L.11) was introduced by the Netherlands. The draft was approved without a vote.

Jurisdictional Immunities of States and Their Property

GERHARD HAFNER (Austria), Chairman of the working group on the convention on jurisdictional immunities of States and their property, introduced the group’s report.

The working group was established by General Assembly resolution 53/98 in December 1998 with the mandate to consider outstanding substantive issues related to the draft articles formulated by the International Law Commission. An open- ended working group of the Sixth Committee, continuing the work during the current session, addressed the following five issues: concept of a State for purposes of immunity; criteria for determining the commercial character of a contract or transaction; concept of a State enterprise or other entity in relation to commercial transactions; contracts of employment and measures of constraint against State property.

He said two readings of the draft articles relating to those five topics were conducted to bring forward negotiations and to explore the field of major disagreements as well as agreements. In addition to the five topics, the working group had an exchange of views on the best way to proceed to make further attempts to achieve a generally acceptable solution of the matter of jurisdictional immunities of States and their property.

The report was a personal one and did not commit anyone except himself, the Chairman of the working group said.

GEORG WITSCHEL (Germany) introduced a draft resolution on the Convention on jurisdictional immunities of States and their property (document A/C.6/55/L.19).

He announced that the following States had become co-sponsors: Chile, Czech Republic, Ecuador, Finland, Georgia, Guatemala, Hungary, Ireland, Italy, Japan, Malta, Netherlands, Peru, Portugal, Romania, Slovakia, Spain, Sudan, Uganda and Ukraine.

Rights of Reply

MOHAMMED MAHMOUD GOMAA (Egypt), responding to the statement of Israel in the debate on international terrorism, said he wondered who, in fact, was trying to politicize the work of the Committee. In its statement, Egypt had referred to its concerns, among which was the distinction between terrorism and acts of liberation movements. The Palestinians had the right to respond to atrocities committed against them. The representative of Israel had referred to the peace process in his statement and to a statement by President Mubarak who called for a ceasing of the violence by all parties. President Mubarak’s statement could never be construed in a manner that equated the atrocities by Israelis against the Palestinians with the throwing of stones by mostly children. The Palestinians were trying to attain their national liberation and free their land.

MARWAN JILANI (Observer for Palestine) said it had not been his intention to take the floor, nor to politicize the issue, but the representative of Israel had levelled accusations characterized by arrogance and racism in claiming that Palestinian officials were using terrorism to liberate occupied lands and that Palestinians had sacrificed children in order to gain sympathy. He said the establishment of a racist regime along the lines of apartheid represented a most atrocious form of terrorism. Israel was the only country officially named in 25 resolutions of the Security Council. It was cited because it was trying to occupy by force, and was always violating international law and international humanitarian law. If the International Criminal Court had been established, the rulers and generals of Israel would have been tried as war criminals because of their excessive use of force and killing, including of children, and the arming of settlers. No terrorism was worst than that of killing innocent and helpless children. One third of those killed -- by live ammunition -- were children.

JULIET SEMAMBO KALEMA (Uganda) said her country welcomed the work of the working group on terrorism, and thanked India for the initial text of the draft convention. Uganda attached great importance to the issue of terrorism, had acceded to several international anti-terrorist conventions. The representative who had made allegations against Uganda this morning knew very well that the issue was being handled in another forum. She hoped the issue would be resolved under

the Lusaka Agreement on the ceasefire in the conflict in the Democratic Republic of the Congo.

TAL BECKER (Israel) said certain delegations in their comments had attacked his country, using extreme and offensive language. Once again, the professional Sixth Committee had been abused, and used for the distortion of fact and the launching of partisan accusations. Out of respect for the professional legal work of the Committee, and in the hope that its important responsibility would be respected by all, he would refrain from responding to the accusations and instead urge all delegations to conduct the debate in the future in the professional spirit of consensus which its subject matter demanded.

GHASSAN OBEID (Syria) said he was responding to the statement by the representative of the occupation forces. The allegations made in that statement had no basis in the work of the Sixth Committee. The legal concepts dealing with terrorism and fighting against terrorism were based on political content and political considerations. There did not exist a legal definition of terrorism that distinguished the legitimate right of national liberation movements. It was not possible to distinguish between political considerations and place them in watertight containers. For dozens of years Israel had refused to implement United Nations resolutions.

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