Fifty-seventh General Assembly

Sixth Committee

7^th Meeting (AM)

LEGAL COMMITTEE IS TOLD OBSERVANCE OF HUMANITARIAN LAW CRITICAL

IN ERA WHEN CIVILIANS ARE INCREASINGLY TARGETS IN COMBAT

Debate also Begins on Work Toward Anti-Terrorism Convention

Compliance with international humanitarian law and widespread education about its rules and principles was of crucial importance, particularly these days when civilians were increasingly becoming direct targets rather than collateral victims of armed conflicts, speakers said this morning as the Sixth Committee (Legal) concluded its discussion of the status of ratifications of the four 1949 Geneva Conventions and its two additional Protocols covering protection of civilians in armed conflicts.

The Committee then took up reports related to measures to eliminate international terrorism.   

In the discussion of the Geneva Convention and Protocols, delegates welcomed recent positive developments such as the formation of over 60 national committees to oversee implementation of international humanitarian law and to educate the public and armed forces about relevant rights and obligations, as well as the entry into force of the Statute of the International Criminal Court.

The representative of the International Committee of the Red Cross (ICRC) said the international community must regularly take stock of the law, clarify the rules where necessary and ensure that normative developments did not weaken the legal regime of protection.  It was important for States not only to respect, but also to ensure respect for, humanitarian law in all circumstances.

Also speaking in that debate were the representatives of Belarus, Switzerland, Sweden (for the Nordic countries), Cuba, Romania, Mexico, Sudan, Russian Federation, Slovakia, Jordan, Greece, Ukraine, Egypt and Venezuela.

The report of the Ad Hoc Committee on International Terrorism, which is drafting a comprehensive convention on the subject, as well as working on a treaty for the suppression of acts of nuclear terrorism, was introduced by the Chairman, Rohan Perera (Sri Lanka).

On the comprehensive convention, the Chairman reported that the outstanding issues involved matters that were both legally complex and politically sensitive.

He called for delegates to be creative in exploring new approaches that might lead to an acceptable compromise. 

Speaking on terrorism were the representatives of Syria, Algeria, Viet Nam, Australia, Mali, Niger, Russia and Angola.

The discussion on terrorism will continue when the Committee meets again at 3 p.m.

Background

The Sixth Committee (Legal) met this morning to examine the status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflict (documents A/57/164 and A/57/164/Add.1).

Last year, the General Assembly requested a report from the Secretary-General on the status of the protocols and measures taken to strengthen the existing body of international humanitarian law, based on information received from Member States and the International Committee of the Red Cross (ICRC).

The resulting report lists replies from Burkina Faso, Chile, Croatia, Mauritius, Mexico, Nicaragua and Philippines as well as from the ICRC.

A list of States parties is annexed to the report.

Also this morning, the Sixth Committee was to begin consideration of an agenda item on measures to eliminate international terrorism.  

      Before the Committee are two documents related to the topic:  the report of the Ad Hoc established by General Assembly resolution 51-210 of 17 December 1996 (document A/57/37), and the Report of the Secretary-General entitled “Measures to eliminate international terrorism” (documents A/57/183 and Add.1)

At its latest session, from 28 January to 1 February this year, the Ad Hoc Committee recommended the establishment of a working group by the Sixth Committee to continue as a matter of urgency the elaboration of a draft comprehensive convention on international terrorism.  It proposed that the working group be convened from 14 to 18 October, with appropriate time also allocated for consideration of outstanding issues relating to the elaboration of a draft international convention for the suppression of acts of nuclear terrorism.

Another issue to be kept on the Ad Hoc Committee’s agenda was the question of the convening of a high-level conference under the auspices of the United Nations to formulate a joint organized response by the international community to terrorism in all its forms and manifestations.

The Ad Hoc Committee has adopted a pattern of holding one session early in the year.  The work is then continued in the framework of a working group of the Sixth Committee later in the year.  Since its establishment, the Ad Hoc Committee has negotiated several texts resulting in the adoption of two treaties:  the International Convention for the Suppression of Terrorist Bombings adopted by the General Assembly in resolution 52-164 of 15 December 1997; and the International Convention for the Suppression of the Financing of Terrorism, also adopted by the General Assembly in resolution 54-109 of 9 December 1999.

The Secretary-General’s reports (document A/57/183 and Add.1), submitted in response to General Assembly resolution 49-60, contain information from Member States and international organizations on measures they had taken to eliminate terrorism.  Also included in the reports are:  a collection of data on the status and implementation of existing multilateral, regional and bilateral agreements relating to international terrorism, including information on incidents caused by international terrorism; and a compendium of national laws and regulations regarding the prevention and suppression of international terrorism in all its forms and manifestations.

Statements on Protocols

ANDREI POPKOV (Belarus) said that in light of the violent conflicts occurring around the world, strict observance of the Geneva conventions and their additional protocols was assuming special importance.  Further measures should be pursued to encourage even broader adherence to the additional protocols.  They were a valuable contribution to strengthening the traditional norms and principles governing conduct in armed conflict.  Belarus was a party to all four Geneva Conventions and its additional protocols.  He appealed to States to reconsider reservations to the treaties.  He also called upon States to participate in the Convention for Protection of Cultural Heritage in armed conflicts.

VALENTIN ZELLWEGER (Switzerland) said his delegation welcomed the proposed draft resolution on the Status of Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts.  Its adoption would help promote the Geneva Conventions.  He said parties to the Conventions now totalled 189.  Switzerland encouraged other States to become party.

The humanitarian commitment of the founding fathers of the first Geneva Conventions should serve as encouragement to the international community to follow their footsteps as the task in ensuring observance of international humanitarian law was not complete.  He paid tribute to the work of the International Committee of the Red Cross.  International humanitarian law should be at the heart of the concerns of all.  Switzerland was convinced that international humanitarian law did not need to be reinvented.  He hoped that by the time of the ICRC conference in Geneva in 2003, there would be more State parties to the Geneva Conventions and its Additional Protocols.

He noted the establishment of the International Criminal Court this year, which he said was an important milestone in international humanitarian law. Switzerland would do everything in its power to ensure that international human law achieved its purpose.  

ELIN MILLER (Sweden), speaking for the Nordic countries, said the Protocols together with their “mother conventions” constituted the cornerstone of international humanitarian law.  She noted the success of the Mine Ban Convention and the entry into force of the International Criminal Court treaty, as well as the work being done to develop the mechanisms of the Convention on Conventional Weapons.  The contributions of States to the report of the Secretary-General were a welcome expression of the dedication of States and their interest in the implementation and supervision of the rules of this legal regime.  The Nordic countries attached great importance to the need for the international community to react to breaches of international humanitarian law.  The international community must be able to react efficiently to breaches before the situation turned into a threat against international peace and security.  Article 36 of the Additional Protocol obliged States to supervise the development of new means and methods of warfare, and a wider implementation of that article should be a matter of priority for the international community.

SORAYA ELENA ÁLVAREZ NUÑEZ (Cuba) said armed conflicts involved abuses. Increasingly civilians were victims and often the direct target.  It was necessary for the legal regime applying to armed conflict to be consolidated and universally accepted, particularly in these moments of crisis when international humanitarian norms were most valid and needed.  Cuba believed that only with the renouncing of war for expansionist purposes and the commitment of all States to multilateralism and the United Nations and its Charter, would there be appropriate respect for humanitarian norms governing the protection of civilians in armed conflict.  Cuba was a party to the Geneva Conventions and the two additional Protocols.  Cuban national law had incorporated all the necessary guarantees.  After citing her country’s efforts at dissemination and education about international humanitarian law, she expressed Cuba’s willingness to continue to contribute to those efforts through the International Red Cross as well as in cooperation with other States.

IOANA GABRIELA STANCU (Romania) said her country had ratified both Protocols in 1990 and had accepted the International Fact-Finding Commission.  The government had also ratified the International Criminal Court treaty and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.  The increasing number of States bound by the Protocols bore testimony to the effectiveness of the action undertaking by the Assembly since 1977 in promoting their ratification.  She also commended the ICRC for its advice and assistance to States in the implementation at the national level. 

ADOLFO AGUILAR ZINSER (Mexico) said the international community had witnessed a succession of conflicts in which civilians were victims.  Moreover, they were often the target despite international laws that should guarantee their protection.  Recurring humanitarian crises had reached grave proportions and often gave rise to new conflicts that aggravated the situation.  Their effects went beyond the scope of the conflict and had an impact in the longer term on international peace and security.  He cited concern over the fact that even children were being engaged as combatants.  Women were also often singled out, and suffered unpardonable offences against their dignity.

The challenge faced by the international community was enormous.  Mexico was encouraged by the efforts of States and the ICRC to strengthen knowledge and application.  Observance of international humanitarian laws did not permit double standards nor questionable interpretations.  All States parties were obligated to comply without exception and under all circumstances.  Mexico attached special importance to dissemination, teaching and understanding of international humanitarian law.  Although it was not a party to Additional Protocol II, it shared its goals and was in the process of carrying out internal procedures that would allow it to become a party.

SIDDIG MOHAMED ABDALLA (Sudan), said that a workshop was organized in his country on international humanitarian law, to help set up a national commission on the subject.  Participants included experts from the International Committee of the Red Cross.  He said that several proposals were put forward at the workshop including the establishment of committees to work on international humanitarian law.  A steering committee was formed to put finishing touches to the recommendations. 

DMITRY LOBACH (Russian Federation) said his delegation was pleased about the continuing increase in the number of parties to the Protocols Additional to the Geneva Conventions of 1949.  He observed that one of the most salient events of recent years was the establishment of the International Criminal Court.  The Court’s statute was a unique instrument to punish individuals responsible for crimes against humanity and war crimes, among others.  He said it was naïve to think that one single legal instrument could serve as a shield against abuses.  The international community must not allow unjustified emphasis to be laid on certain provisions of the Additional Protocols.  He noted that the provisions of the Additional Protocols had not yet been fully tapped, particularly that regarding the establishment of international fact-finding commissions.

The Russian Federation was working on broadening its legislation dealing with international humanitarian law.  It was ready to contribute to the full realization of the goals and objectives of international humanitarian law.

METOD SPACEK (Slovakia) said his country was party to the four Geneva Conventions and the two additional Protocols and had recognized the competence of the International Fact-Finding Commission under Article 90 of the first Protocol.  In addition, in 2000, it had withdrawn all reservations previously made to the Geneva Conventions.  In January of this year, a national committee for international humanitarian law had been established as a government advisory board.  Its primary responsibilities were to analyze implementation of international humanitarian law within the national legislation, to promote the dissemination of its aims and principles, and to pursue general and universal recognition.  The committee was ready to cooperate with other national bodies on international humanitarian law, and also international institutions, especially the ICRC.  He said the international community should make an effort to achieve universality of not only the additional Protocols but also other relevant conventions and instruments.  There should also be a focus on the dissemination of the rules and principles of international humanitarian law, to promote awareness among members of the armed forces, humanitarian and medical personnel, in schools, universities and among the general public.

BISHER H. AL-KASAWNEH (Jordan) said there was a need to fortify and consolidate the body of international humanitarian law through the dissemination and full implementation of such law within national jurisdictions.  Jordan had been among the first countries to ratify the Geneva Conventions and the two additional Protocols.  Also, the Government enacted a new military penal code this past July, which contained a chapter dedicated for war crimes and their criminalization on the basis of definitions in the Geneva Conventions and the Protocols.  A national committee was overseeing the implementation of international humanitarian law and the dissemination of its principles.  The Jordanian armed forces attached great importance to fostering understanding in a systematic way.  In Jordanian universities international humanitarian law was a subject of study.  He emphasized that the protections contained in the Conventions and the Protocols applied to the occupied Palestinian territories in the entirety of the West Bank and the Gaza Strip.  Such protection was legally binding to all States as it represented principles of customary international law that bound all States.  He welcomed the entry into force of the Statute of the International Criminal Court which he said would strengthen the edifice of international law in general and international human rights and humanitarian law in particular.

MARIA TELALIAN (Greece) said universal adherence to the treaties as well as effective implementation at the national level were central issues in advancing international humanitarian law.  The increasing number of parties to the additional Protocols was an encouraging development.  She hoped more States would accept the competence of the Internal Fact-finding Commission.  She praised the ICRC for its crucial role in promoting humanitarian law and providing legal and technical assistance to governments.  In 1999, Greece had established a national committee to coordinate implementation and dissemination of international humanitarian law and to promote cooperation with the national Red Cross, the ICRC and the Red Crescent societies.  Greece had also ratified the Convention on landmines which, she said, placed humanitarian concerns over military advantages. She also singled out the International Criminal Court, to which Greece was a party, as an important advance in international humanitarian law.

OLEKSIY ILNTSKYI (Ukraine) said his country had ratified the two additional Protocols and recognized the competence of the International Fact-Finding Commission.  Since most wars were civil or inter-ethnic conflicts, they entailed gross violations of human rights and international humanitarian law.  More and more, civilians were not simply collateral victims but direct targets.  Stressing the importance of the contribution of the Security Council in considering different aspects of the issue of protection of civilians in armed conflict, he called upon the parties to conflicts to recognize and implement the Council resolutions.  Ukraine strongly condemned the targeting and use of children in armed conflicts, including their abduction, compulsory recruitment, mutilation, forced displacement, sexual exploitation and abuse.

MAHMOUD SAMY (Egypt) said the Geneva Conventions and the additional Protocols were an effective means of applying international humanitarian law and its principles.  Egypt had established a national commission to publicize and educate officials, the public and the military about international humanitarian law.  In the context of the Palestinian situation, he said that compliance with the additional Protocols was mandatory and binding, whether a State was a party to the Protocols or not, because they were a part of international customary law.

ERNESTO KLEBER (Venezuela) expressed satisfaction with the Secretary-General’s report on the Geneva Conventions and the Additional Protocols.  He said Venezuela was a party to the Conventions and both the Protocols.  Although his country was not itself experiencing armed conflict, the government recognized the importance of the Protocols for victims of armed conflict.  He attached great importance to dissemination of information about the Conventions and the Protocols.  Although the international community was celebrating the twenty-fifth anniversary of the Protocols, there were grave violations still taking place in various parts of the world, with a disproportionate effect on the most vulnerable sectors of society -- the elderly, women and children.  He welcomed the entry into force of the treaty of the International Criminal Court, saying it would contribute.

DANIEL HELLE, representative for the ICRC, said the protection afforded by the Conventions and the Protocols needed to be strictly enforced, particularly given the technological advances in armaments.  He called upon all States who had not yet done so to become party to the Conventions and the Protocols.  He welcomed the recent developments in strengthening international humanitarian law, citing as examples, the Protocol to the Convention on the Rights of the Child concerning child combatants as well as the entry into force of the International Criminal Court.  The international community must regularly take stock of the law, clarify the rules where necessary and ensure that normative developments did not weaken the legal regime of protection.  It was important for States not only to respect but also to ensure respect for humanitarian law in all circumstances.  The ICRC planned to publish its study on customary humanitarian law next year.  He welcomed the fact that more than 60 States had established national humanitarian law commissions. 

      Statements on Measures against Terrorism

ROHAN PERERA (Sri Lanka), Chairman of the Ad Hoc Committee, introduced the Committee’s report.  He said all texts contained in Annnexes I to V represented the stage of consideration reached at the Ad Hoc Committee’s last, sixth session. He said they were annexed to the Committee’s report on the understanding further consideration would be given to those texts, together with all written and oral proposals, including on outstanding issues.

Continuing, Mr. Perera stressed that the issues still pending involved matters that were both legally complex and politically sensitive.  He reiterated that perhaps the time had come for delegations to be innovative and creative in exploring possible new approaches that would help the Committee to find acceptable compromise on the pending issues.  Draft article 18 -— role of State armed forces in carrying out official duties –- was at the core of their efforts to resolve outstanding issues, he said.  The successful resolution of that question, would undoubtedly contribute to solution of all other problems, he said.   

MOHAMED HAJ IBRAHIM (Syria) condemned all forms of terrorism, whether committed by individuals or States.  He called for genuine international cooperation in adopting the necessary measures to deal with the scourge.  His delegation supported the Security Council resolution on terrorism and commended the work of its Committee established under the resolution.  Unilateral efforts to combat terrorism undermined international action towards that end.

He said Syria supported the legitimate struggle of peoples against foreign occupation, which was the worst form of colonialism.  He said the daily attacks of Israel against the Palestinian people were war crimes.  Israel was using state terrorism to capture Palestinian lands.  It was using the most sophisticated weapons to crush the Palestinian people, including women and children.  The United Nations, and the Security Council in particular, had been unable to send a fact-finding mission to the Palestinian territory of Jennin to see the acts perpetuated by Israel.

He reiterated Syria’s position that the comprehensive anti-terrorism text being drafted should contain no provision to cover official actions of armed forces of States.  Syria was committed to international efforts to combat all forms of terrorism within United Nations framework.  He stressed the importance of the proposed international conference to define terrorism, including the legitimate struggle of peoples against occupation, proposed by Syria.

ABDALLAH BAALI (Algeria) called for a global response to the threat posed by terrorism.  Efforts to eradicate terrorism must also look at the symptoms and root causes.  No religion should be singled out as the cause of terrorism.  Global action to deal with the scourge should not infringe upon the rights of peoples struggling for self-determination and against foreign occupation.

Noting that international terrorism had developed close links with drug trafficking and money laundering, he said international efforts to combat it should be coordinated.  He called for the strengthening of the Vienna-based United Nations Crime Prevention Centre.

He referred to the high-level inter-governmental conference organized recently in Algeria by the African Union.  The Algerian Convention against Terrorism adopted at the conference was aimed at combating the problem of terrorism.  It was agreed to establish an African centre against terrorism which would be based in Algeria, and would, through workshops and symposiums, draw attention to the problem of terrorism.  He observed that the United Nations framework was the best means to coordinate international action against terrorism.

His delegation fully supported the convening of a high-level conference to organize international response to international terrorism in all its forms and manifestations.

NGUYEN THANH CHAU (Viet Nam), speaking on behalf of the Member States of the Association of South East Asian Nations (ASEAN) -– Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Viet Nam -- said they believed the conclusion of a comprehensive convention against international terrorism would add value to the existing 12 international legal instruments on the subject.  They also urged completion of the negotiations on the draft convention against all acts of nuclear terrorism.  They supported retaining on the Ad Hoc Committee’s agenda the question of the convening of a high-level international conference to formulate a joint organized response of the international community to terrorism in all its forms and manifestations.

The ASEAN countries reaffirmed that any counter-terrorism measure must comply with the United Nations Charter, respect the fundamental principles of international law and the sovereignty of States.  They were fully committed to strengthening bilateral, regional and international cooperation to counter terrorism in a comprehensive manner.  He provided an update of ASEAN’s ongoing efforts to combat international terrorism.

BRUCE SCOTT (Australia) said his country had acceded to the two recent conventions against terrorism.  He saw the draft comprehensive convention against terrorism being drafted by the Ad Hoc Committee as an opportunity for States to further demonstrate their shared commitment to the strongest possible legal regime against terror.  He hoped that the Committee would make further progress in its work at its next session.  Australia was making a substantial military commitment to the war against terrorism.  Within its region, Australia continued to encourage greater cooperation to combat terrorism.  It was seeking closer bilateral law enforcement cooperation with key countries in the region and had negotiated memorandum of understandings on counter-terrorism cooperation with Indonesia, Malaysia and Thailand.

At home, Australia had provided extra-resources for its intelligence agencies to deal with terrorism-related issues.  It had also introduced tough new legislation to give domestic security agencies greater investigative powers, and to create the specific offence of terrorism with maximum penalty of life imprisonment.  Australia would work within the United Nations and elsewhere to defeat international terrorism, and to encourage other States to do likewise.

ISSOUF OUMAR MAIGA (Mali) reaffirmed his government’s condemnation of the 9/11 attacks during the anniversary of the events of that day.  He said no State

was immune from terrorism, hence the need for international cooperation to combat it.  Terrorism was criminal, he said, and to be condemned all its forms and manifestations.  He said he hoped agreement would be achieved as soon as possible on the draft comprehensive convention on terrorism, and welcomed the progress made in the Ad Hoc Committee.

Mali had established important legal instruments to prevent the use of its territory for terrorist activities.  At the regional level, he welcomed the outcome of the Algerian conference on terrorism organized by the African Union in cooperation with the Government of Algeria, which resulted in the adoption of the Algerian Convention against terrorism.  Mali would continue to combat terrorism and reject attempts to confuse terrorism with Islam.

ABDOU ADAMOU (Niger) commended the activities of the United Nations Crime Prevention Centre in Vienna.  He said the international community must spare no effort to deal with the problem of terrorism in the aftermath of the 11 September attacks on the United States.  Niger supported the legal instruments against terrorism and was party to them.  He urged a global approach to the fight against terrorism.  It must also examine its root causes, the main one of which was poverty.

DMITRY LOBATCH (Russian Federation) said the task now was to preserve the existing potential for international cooperation to combat terrorism.  Best efforts should be made to avoid unilateral actions which threatened the unity of the international community to fight terrorism.  He observed that there were a number of unresolved issues in counter-terrorism efforts.  It was worrisome that the process of elaborating a draft convention against acts of nuclear terrorism was still stalled.  The same could be said about the draft on a comprehensive convention against terrorism.  He noted the divergent views on the two draft texts which, he added, could be overcome. 

He said the Russian Federation would do its best to contribute to the resolution of those problems.

JOAQUIM MANGUERA (Angola) said his country was committed to combating terrorism in all its forms and manifestations, by whomever it was perpetrated.  Angola was taking measures to implement the recent Security Council resolution 1373 against terrorism and all other relevant instruments.  It was implementing similar measures adopted within the countries of the Southern African Development Community (SADC) and by the African Union to combat transnational organized crimes and terrorism.

He said his delegation believed it was possible for consensus to be reached on the two contentious articles in the draft comprehensive agreement against terrorism.  Flexibility from all sides was needed.

Since the adoption of its declaration on terrorism, he said, the General Assembly had been careful to clarify the right to self-determination of peoples and independence from terrorist acts.  That declaration had interpreted well the spirit and principles of the Charter.  It had contributed to the independence of Angola, he observed.  Also, he said, the principle had been highlighted in the Algerian Convention against terrorism whose goals were to enhance cooperation among African States to prevent and to combat terrorism.