Fifty-ninth General Assembly

Sixth Committee

16^th Meeting (AM)

Legal committee says states should strictly enforce laws

 

protecting diplomatic missions and personnel

 

Approval for Text Also Seeking Condemnation of Acts of Violence,

Prompt Reporting of Any Attacks to United Nations Secretary-General

(Issued on 1 November 2004.)

The General Assembly would urge States to strictly enforce laws governing the protection of diplomatic missions and their representatives and to promptly report attacks on them to the United Nations Secretary-General, by one of four draft resolutions approved by the Sixth Committee (Legal) this morning, as the Committee also finished its debate on responsibility of States for internationally wrongful acts.

Two of the other texts covered the work of the thirty-sixth session of the United Nations Commission on International Trade Law (UNCITRAL) which took place in New York this year.  The fourth would have the Assembly grant observer status in its sessions for the nine-member Organization of Eastern Caribbean States (OECS).

Strongly condemning acts of violence against diplomatic and consular missions and their representatives, the Assembly would, by the draft text on the subject approved by the Committee, also urge States to take all necessary measures to prevent abuses of diplomatic or consular privileges and immunities. 

By one of the UNCITRAL texts, the Assembly would recommend that all States duly consider using the newly adopted UNCITRAL Legislative Guide on Insolvency Law in revising or adopting insolvency legislation.

It would also recommend that they consider implementing UNCITRAL’s Model Law on Cross-Border Insolvency.  The Legislative Guide provides flexible approaches to the implementation of key objectives and core features of a strong insolvency and debtor-creditor regime.

The second UNCITRAL text would have the Assembly note with regret that no contributions have been made to the trust fund for assisting participation of developing countries in the Commission’s work and would further consider travel grants for Commission members.  The importance of bringing UNCITRAL conventions into effect would be stressed by the Assembly.

The representatives of the United States and Japan spoke in explanation of position on the draft on UNCITRAL’s report.

Finally, the Assembly would grant observer status in its work to the Organization of Eastern Caribbean States, whose nine members are:  Antigua and Barbuda, Anguilla, British Virgin Islands, Dominica, Grenada, Montserrat, Saint Kitts and Nevis, Saint Lucia, and Saint Vincent and the Grenadines.  The organization’s objective is to promote cooperation and harmonize both foreign policy and economic integration of its members, supported by good governance practices and respect for human rights.

Also this morning, the representative of Sweden introduced a draft resolution on status of protocols additional to the Geneva Convention of 1949 relating to the protection of victims of armed conflicts.

Earlier, the Committee had concluded its debate on the responsibility of States for internationally wrongful acts, with delegations taking different positions on the form draft articles on the subject should take.  The related text adopted by the International Law Commission in 2001 was taken note of by the Assembly later that year.

The representative of France said an international conference would be the appropriate framework for States to discuss all the issues involved on the articles.  She supported the call for a convention and said the topic should remain on the Assembly’s agenda to be taken up no later than its sixty-first session.

Jordan’s representative also said the articles should take the form of a convention.  They should contain provisions dealing with dispute settlement.  A preamble and final articles should be finalized.

The representative of Germany said there was no need for a rush into the drafting of a convention.  The question should be reconsidered after a couple of years, but without the renegotiation of the substantive provisions of the articles.

Several delegations, including Cuba’s, called for establishing an ad hoc committee or working group to negotiate a convention, given the importance of the topic.

Also speaking on this were the representatives of Thailand, Cyprus, Russian Federation, Switzerland, Mexico and Italy.

The Sixth Committee will meet again at 10. a.m Monday, 1 November, to consider the report of the International Law Commission, starting with diplomatic protection.

Background

The Sixth Committee (Legal) met this morning to conclude its consideration of State responsibility for internationally wrongful acts.  A number of draft resolutions are also before the Committee.  (For background on State responsibility, see Press Release GA/L/3261 of 28 October.)

Expected to be introduced was a draft on the status of protocols additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts (document A/C.6/59/L.13).  By this draft, the Assembly would call upon States to become parties to the Additional Protocols and to other relevant instruments.  It would affirm the need to make implementation of international humanitarian law more effective and call upon States to consider become parties to the Optional Protocol to the Convention on the Rights of the Child concerning involvement of children in armed conflicts.  Finally, the Assembly would decide to consider the item again at its sixty-first session.

For expected action, the Committee had before it a draft resolution requesting observer status in the General Assembly for the Organization of Eastern Caribbean States (OECS) (document A/C.6/59/L.7).  By its terms, the Assembly would invite the subregional organisation to participate in its sessions as an observer.  Saint Lucia introduced the draft on behalf of the nine members aiming to promote cooperation, unity and solidarity among themselves and harmonizing both foreign policy and economic integration, supported by good governance practices and respect for human rights.  The nine members are:  Antigua and Barbuda, Anguilla, British Virgin Islands, Dominica, Grenada, Montserrat, Saint Kitts and Nevis, Saint Lucia, and Saint Vincent and the Grenadines.

Also before the Committee was a draft resolution on measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (document A/C.6/59/L.14).  By it, the Assembly would strongly condemn acts of violence against such persons and facilities, emphasizing that such acts could never be justified.  The Assembly would urge States to observe, implement and enforce the principles and rules of international law on protecting diplomatic and consular persons and facilities.  It would urge States to take every measure, at the national and international levels, to prevent violence against those persons and facilities, as well as to prevent any abuse of diplomatic or consular privileges and immunities.

Further, the Assembly would recommend that States cooperate on taking protective measures through information exchange, and by providing assistance to juridical authorities in instances of violence or abuse.  States would be called upon to become parties to relevant instruments and to make use of peaceful means to settle disputes, including through the Secretary-General’s good offices.  The Secretary-General, in turn, would be requested to offer his good offices and to be the focal point for State reports on violations.

Finally, the Committee had before it two draft resolutions on the United Nations Commission on International Trade Law (UNCITRAL).  One concerns the UNCITRAL report on its thirty-seventh session (14-25 June, New York) (document A/C.6/59/L.11).  By this, the Assembly would take note of the report and commend UNCITRAL for completing and adopting the Legislative Guide on Insolvency Law.  It would note, with regret, that no contributions have been made to the trust fund for providing travel assistance to developing countries and would further decide to continue considering the granting of travel assistance to Commission members.  The importance of bringing UNCITRAL conventions into effect would be stressed.

The other UNCITRAL draft concerns the Legislative Guide on Insolvency Law (document A/C.6/59/L.12), by which the Assembly would request the Secretary-General to publish the Guide and would recommend that all States give due consideration to it when assessing the economic efficiency of their insolvency regimes and when revising or adopting insolvency legislation.  It would recommend that all States continue considering the implementation of UNCITRAL’s Model Law on Cross-Border Insolvency.

Statements

ITTIPORN BOONPRACONG (Thailand) said the articles represented customary international law, and were the most authoritative statement on State responsibility.  They had already been referred to in the judicial context, even in their imperfect state.  Some of the controversial articles related to responsibility and the invocation of responsibility by States not injured but with an interest in the injured State.  There was also ambiguity in the reference made to legal measures and how that related to countermeasures.  Only if the document were to be a convention would the dispute-settlement mechanism come into question.  There should be a convention but no diplomatic conference, which could destroy the delicate balance of the text, only to end in few ratifications.

ELENA THOMA (Cyprus) said the issue of consent should be approached with caution.  The very essence of peremptory norms was that they could not be derogated from by agreement between parties, since that would be against international public policy and order.  Countermeasures should comply strictly with the requirements laid down in the Charter, their scope should be restricted and narrowly defined, and they should not lend themselves to abuse at the expense of weaker States.  They should be subject to binding dispute settlement procedures.  Armed countermeasures must be prohibited and other rules involving human rights respected.

The articles should be adopted as a legally binding Convention, she said.  The subject was too important to be treated in a lesser fashion.  Elaborating the draft would enable States to have full input into the eventual text.  The articles would be codified into an internationally acclaimed legal instrument that would gain certainty, durability and authority.  A dispute settlement mechanism should be included.  The Assembly should proceed as a matter of urgency, establishing a working group to formulate the preamble and final clauses of the convention, including provisions on dispute settlement.

BRIGITTE COLLET (France) said her country subscribed to the action of the General Assembly in taking note of the draft articles as recommended originally by the International Law Commission.  There was no doubt, she said, that the General Assembly’s resolution constituted one stage in the process of codification and elaboration of State responsibility for internationally wrongful acts.  An international conference would be an appropriate framework for States to discuss all those issues.  France supported the call for a convention, which was a wise choice.  She said the item should remain on the agenda and be taken up no later than the Assembly’s sixty-first session (in 2006).

MAHMOUD HMOUD (Jordan) said the articles generally reflected the rules of international law on the subject.  His delegation preferred that they take the form of a convention.  They should be complemented with provisions dealing with dispute settlement together with a preamble and final articles.  In the view of his delegation, the articles had already secured the position of being part of the general rules of international law.

ATHINA MAVROUDI (Germany) said the draft articles, to a large extent, reflected international customary law and had been used as a model law.  They were frequently referred to, in national and international courts, in their judgements and advisory opinions, in cases related to consequences of an internationally wrongful act.  They should receive an even wider recognition.  Pending such a development, her delegation believed, however, that there was no need for a rush into the drafting of a convention.  That question should be reconsidered after a couple of years, but without the renegotiation of the substantive provisions of the articles.

MARIA ZABOLOTSKAYA (Russian Federation) said the articles were a balanced text that had already been useful in international law.  A working group or ad hoc committee should be set up to facilitate work to carry the articles into their final form.  Formulating the sensitive issues involved in the question of State responsibility into an international instrument would be a true indication of political good will in the area of international law.

JÜRG LAUBER (Switzerland) said it would be premature to formalize the articles into a convention.  Adequate time should be given to considering the options.  The Assembly should revisit the question at its sixty-second or sixty-third session.

JUAN MANUEL GÓMEZ ROBLEDO (Mexico) said the draft articles represented true evolution of international law in moving away from a restrictive view of law that dealt with property and matter toward one that protected the most deeply-held human values.  The option of codifying the articles into a convention should not be rejected out of hand, though more time may be needed before for that to happen. 

GIUSEPPE NESI (Italy) joined others who had said that an international convention was not an adequate instrument to preserve the work of the International Law Commission.  A negotiating process whose results were unforeseeable could amount to a waste of resources, and a possible threat to the delicate compromise reached within the Commission.  Italy believed that international practice could further contribute to the development of customary law on the areas where the draft articles were not to be considered as general international law.  The General Assembly should task the Secretariat with the preparation of a collection of international practice in that areas covered by the text for the Sixth Committee to consider, not before the sixty-third session.

ANET PINO RIVERO (Cuba) said an ad hoc committee or working group should be established to negotiate a convention on the item.  The topic was of great importance as issues such as aggression and crimes of genocide could fall under them.  She noted that the articles did not contain provisions on dispute settlement.  It should refer to peaceful settlement of disputes as provided for under the United Nations Charter.

Introduction of Draft

Sweden introduced the draft on the status of the Protocols additional to the Geneva Conventions related to protecting victims of armed conflicts (document A/C.6/59/L.13).

Action on Drafts

The Committee took up the draft on measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (document A/C.6/59/L.14), which had been introduced by Finland.

The draft was approved without a vote or explanation of position before or after action.

Taken up next was the draft on observer status in the General Assembly for the Organization of Eastern Caribbean States (document A/C.6/59/L.7).  Saint Lucia had introduced it.

The draft was approved without a vote or explanation of position.

The Committee then turned to the drafts on the work of the United Nations Commission on International Trade Law (UNCITRAL).  First was the UNCITRAL report on the work of its thirty-seventh session (12-25 April, New York) (document A/C.6/59/L.11), which Austria had introduced.  The other was the Legislative Guide on Insolvency Law (document A/C.6/L.12), which the bureau had prepared.

The drafts were approved without a vote.

The representatives of the United States and Japan made statements in explanation of position after action on the UNCITRAL report.  They expressed support for UNCITRAL’s work, while stressing the need to respect the recommendation for setting page limits on documentation as part of overall Organization reform.

* *** *