Sixty-second General Assembly

Sixth Committee

9^th Meeting (AM)

LEGAL COMMITTEE AGREES TO REVIEW CONDITIONS FOR USE OF SANCTIONS

AS POSSIBLE PRELUDE TO GENERAL ASSEMBLY ACTION

 

Continuing Concern over Third-Party Side Effects, Unintended Consequences

A working paper on the basic conditions and standard criteria for imposing United Nations sanctions may be considered in an informal meeting in preparation for possible adoption by the General Assembly, the Sixth Committee (Legal) decided this morning at the conclusion of a two-day debate on the report of the Special Committee on the Charter and on the Strengthening of the Role of the Organization.

The working paper had been submitted by the Russian Federation, whose representative told the Committee it considers the application of sanctions from three perspectives -- issues of a general nature on sanctions, unintended side effects of sanctions, and the implementation of sanctions.  He asked for a working group to be set up to consider the paper before submission to the General Assembly, but the ensuing debate led to a recommendation that it be considered informally.

Portugal’s representative (for the European Union) expressed concern over time constraints.  The Russian Federation delegate agreed and recommended the discussion of the working paper in an informal meeting.  The United States representative said the new proposal would have to be discussed with her Government.  Norway agreed and expressed concern about spending too much time on the new issue and not enough on those already pending before the Committee.

The representatives of Algeria, Egypt, Morocco, Nigeria, Pakistan, Belarus, Namibia and Myanmar said they supported discussion of the paper in either a working group or informal meeting.  Yemen’s representative supported discussion in an informal meeting.  China’s delegate said the subject was important and that all forums, both informal and formal, should be used for considering the proposal.

Summing up the debate, the Chairman of the Committee, Alexei Tulbure (the Republic of Moldova), noted that both the working group and the informal meeting proposals had received support.  He recommended the informal meeting “to test the water”, and see if the paper was ready for action or whether more consideration was needed.

In the general debate on the Special Committee’s report, Syria’s representative expressed grave concern about “double standards” in the imposition of sanctions.  He welcomed the proposal of the Russian Federation, noting that that country had vast experience on the subject by virtue of its permanent membership in the Security Council.

Argentina’s representative, recalling the view of the United States yesterday that improvements in the sanctions regime made it no longer necessary to further discuss assistance to third States, said improvements had been made in the listing and de-listing process but there were outstanding issues that warranted continued consideration.

The representative of Switzerland affirmed support for the application of targeted sanctions and called for humanitarian considerations to be taken into account.  He announced that a round table on targeted sanctions would be held on 8 November in New York, co-organized with Denmark, Liechtenstein and Sweden.

Also speaking today were the representatives of Iran, Kenya and Yemen.

Since its establishment in 1975, the Special Committee on the Charter has negotiated a number of texts adopted by the General Assembly as instruments.  Among those are the Declaration on Fact-Finding by the United Nations in the Field of the Maintenance of International Peace and Security, and the United Nations Model Rules for the Conciliation of Disputes between States.

The Sixth Committee (Legal) is scheduled to meet again at 10 a.m. on Friday, 19 October, when it will take up the question of diplomatic protection.

Background

The Sixth Committee (Legal) met this morning to continue its debate on the report of the Special Committee on the Charter and on the Strengthening of the Role of the Organization.  (For background, see Press Release GA/L/3321 of 16 October.)

Statements

GENNADY V. GUZMIN ( Russian Federation) said the working paper he had submitted (document A/C.6/62/L.6) considered the application of sanctions from three perspectives:  that of general issues regarding sanctions, that of unintended side effects and that of implementation.  He said the aim was to have the Assembly adopt the paper as an attachment to a resolution on sanctions, and he called for a working group to be established to consider it with a view towards its adoption.

On another aspect of sanctions, he said the United Nations was doing very little on assistance to third States affected by sanctions.  Research had been conducted in the 1990s and there was little information on how the means of assistance had changed.  The Secretariat should hold a briefing on the matter.

Further, he said financing for both the Repertory and Repertoire (related to United Nations organs and the Security Council) was still a problem but the system of involving external experts must be transparent and all States must be able to participate.  It should be borne in mind that the Secretariat was responsible for quality.  Finally, it would be useful for the Special Committee to consider the legal aspects of United Nations reform.

ESMAIEL BAGHAI HAMANEH ( Iran) said the increasing resort to threat or use of force by certain Powers as an instrument of foreign policy posed an unparalleled threat against international peace and security.  The Special Committee should address the challenge of the Security Council encroaching on the powers and mandate of the General Assembly, and also of the Council’s attempt to enter into “norm-setting and establishing definitions” which were within the purview of the Assembly.  He said the Security Council must exercise powers accorded to it under the Charter consistent with its purposes and principles.  He observed that certain permanent members of the Council had tried to use the Council as a tool to advance their political agenda.  Consequently, he said, coercive measures, including economic sanctions, had in many instances been reduced to a “political stick” at their disposal.  A meaningful endeavour by the Committee to strengthen the role of the Organization should also deal with that burdensome shortcoming.

He expressed his country’s serious concern over the unilateral sanctions imposed by some States or a group of States against certain developing countries, to coerce them to submit to their will.  Such actions were contrary to international law, international humanitarian law and human rights, particularly the right to development, he asserted.  He said Iran supported the proposal by the Russian Federation and Belarus for an advisory opinion to be sought from the International Court of Justice on the legal consequences of the unilateral use of force without prior Security Council authorization.  He noted that the judgments of the Court in various cases dealing with the subject had emphasized that measures in self-defence were legitimate only after an armed attack occurred.  Iran believed that an advisory opinion by the International Court of Justice, as requested, could contribute to the strengthening of the principle of non-use of force or threat of force in international relations.

WANJUKI MUCHEMI ( Kenya) expressed his delegation’s concern at the termination of the Security Council’s Working Group which studied the sanctions regime.  His delegation recognized the crucial role of the United Nations sanctions regime in the maintenance of peace and security, he said, adding that sanctions should be targeted in support of clear objectives.  Their imposition should be well defined, fair and transparent.  There should be provisions for mitigation of their possible adverse effects on innocent populations and third States.

He said Kenya welcomed the various initiatives to streamline the sanctions regime, particularly the recourse of the Security Council to targeted sanctions.  He urged the increased use of assessment reports on the likely and actual unintended impact of sanctions on primary as well as third States.  The sanctions regime was effective when Member States acted in unison, and he said it should not be applied unilaterally.

ADEL HAMOUD AL-SHEIKH ( Yemen) said sanctions should meet the objectives of the United Nations Charter, with clear criteria in their application.  He said the objectives of sanctions should be unambiguous, with periodic review and guidelines on their application.  He expressed concern about the unilateral use of sanctions without Security Council authorization.

He urged the peaceful settlement of disputes by States and referred to his country’s recourse to the International Court of Justice for resolution of border disputes.

CLAUDE SCHENKER ( Switzerland) said that his country supported effective sanctions which were targeted so as not to affect innocent civilians.  Sanctions should be fair and there should be transparent procedures for the listing and de-listing of targeted individuals.   Switzerland hoped that humanitarian considerations would be taken into account in decisions on the application of sanctions to avoid unintended consequences.

He announced that his country, in conjunction with Denmark, Liechtenstein and Sweden, would organize a round table on targeted sanctions on 8 November in New York.

LOUAY FALLOU ( Syria) said he had grave concerns about “double standards” used in the imposition of sanctions.  The introduction of sanctions should be under the provisions of Chapter 7 of the United Nations Charter, he said, and only after the exhaustion of other means to resolve the problem.  Unintended consequences on civilian populations and third countries should be avoided.  He welcomed the Russian proposal on sanctions, noting that country’s vast experience on the subject, by virtue of its permanent membership of the Security Council.

He called for the expansion of the Council and the enhancement of the role of the General Assembly in the area of international peace and security.

DIEGO MALPEDE ( Argentina) said the United States had stated yesterday that there was no need to further discuss assistance to third States because of improvements in the sanctions regime.  However, while there had been improvements in the listing and de-listing process there were outstanding issues such as due process and the review process.  The Security Council would have to continue trying to improve the sanctions regime.

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For information media • not an official record