Sixty-second General Assembly

Sixth Committee

28^th Meeting (AM)

RECOMMENDING 13 MORE TEXTS, SIXTH COMMITTEE ASKS GENERAL ASSEMBLY TO STRONGLY URGE

STATES TO PUNISH UNITED NATIONS OFFICIALS, EXPERTS FOR CRIMES COMMITTED ON MISSION

Draft to Defeat International Terrorism Calls for Speedy Implementation

By States, International Organizations of Global Counter-Terrorism Strategy

As the Sixth Committee (Legal) concluded its work today for the sixty-second session, it approved 13 draft texts without a vote, including one recommending that the General Assembly strongly urge States to take all appropriate measures to punish United Nations officials and experts for crimes committed while on mission, without prejudice to their privileges and immunities.

Further by the text on “criminal accountability of United Nations officials and experts on mission”, the Assembly would strongly urge States to consider establishing jurisdiction over crimes of a serious nature committed by their nationals on United Nations missions.  They should also cooperate with each other and with the United Nations in investigations and prosecutions of crimes.

By the terms of a draft resolution on measures to eliminate international terrorism, the Assembly would strongly condemn all acts of terrorism as criminal and unjustifiable, and call upon Member States, and all appropriate international organizations, to implement the United Nations Global Counter-Terrorism Strategy, without delay.  The Assembly’s Ad Hoc Committee on terrorism would be authorized to meet on 25 and 26 February and on 6 March 2008 to expedite elaboration of a comprehensive convention on international terrorism.

The Sixth Committee approved two draft decisions without a vote.  One would have the Assembly establish an ad hoc committee on the administration of justice at the United Nations -– open to all Member States and specialized agencies as well as the International Atomic Energy Agency (IAEA) -- to continue the task of a working group which examined the issue during the current session.  The other decision covered the provisional agenda of the Committee for the sixty-third session of the General Assembly in 2008. 

Speaking prior to action on the approval of the Committee’s work programme for next year, delegations expressed dissatisfaction with the overlap in the Committee’s work, and in fisheries in the context of the Law of the Sea in another forum.  The representative of the Dominican Republic, on behalf of the Rio Group, was concerned about simultaneous meetings of both the Committee and Law of the Sea bodies, stressing that small delegations were at a disadvantage because they lacked the staff necessary to cover both meetings.  New Zealand’s representative said, however, that the overlap was regrettable but also unavoidable. 

Other texts also approved without a vote this morning would have the Assembly:  commend to Governments 19 articles on diplomatic protection completed by the International Law Commission at its fifty-eighth session in 2006, and invite them to submit written comments on the text’s future form; stress the importance of bringing the conventions of the United Nations Commission on International Trade Law (UNCITRAL) into effect for the global unification and harmonization of international trade law, and would welcome the preparation of digests of case law relating to the Commission’s texts; and commend to Governments 19 articles on prevention of transboundary harm from hazardous activities, as well as the principles on the allocation of loss in such incidents.

The Assembly would also:  once again commend to Governments articles on responsibility of States for internationally wrongful acts and invite them, through the Secretary-General, to submit comments on their future action on the text, as well as their practice based on them; encourage the use of the observance in 2008 of the fiftieth anniversary of the 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards to promote the wider adherence to the convention, the greater understanding of its provisions and effectiveness in its implementation; and draw the attention of Governments to the importance of the International Law Commission having their views on the various topics on its agenda, particularly, reservations to treaties, shared natural resources, expulsion of aliens, responsibility of international organizations and the obligation to extradite or prosecute; and decide that the Commission meet from 5 May to 6 June and from 7 July to 8 August 2008 in Geneva.

By further texts recommended today, the Assembly would:  reiterate its request to the Secretary-General to prepare an inventory on the current activities of the various organs, departments and programmes within the United Nations system devoted to the promotion of the rule of law at the national and international levels; approve the guidelines and recommendations on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law and authorize the Secretary-General to carry out in 2008 and 2009 the programme of activities specified in his report (A/62/503); and decide that the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization hold its 2008 session from 27 February to 5 March and on 7 March to continue consideration of, among other issues, all proposals on the maintenance of international peace and security.  The Special Committee would also be asked to consider, on a priority basis, the implementation of relevant United Nations Charter provisions on assistance to third States affected by United Nations sanctions.

In a closing statement, Alexei Tulbure, Moldova, Chairman of the Sixth Committee, thanked the members for their support, cooperation and understanding in the Committee’s discharge of its responsibilities.  He said their discussions were conducted in a constructive and friendly atmosphere, which were characteristic of the working relations among delegations in the Committee.

Also speaking this morning in explanation of positions were the representatives of Canada, Germany, Egypt, Algeria, Iran, Uganda, Venezuela, Tunisia, Sudan, Cuba, United States, Canada, France, Uganda, Trinidad and Tobago in behalf of the Caribbean Community (CARICOM), Portugal on behalf of the European Union, El Salvador, Democratic Republic of the Congo (on behalf of the African Group) and Morocco.

The Committee’s reports on its work will be taken up by the General Assembly at a time and date to be announced.

Background

The Sixth Committee (Legal) met this morning to act on draft resolutions on the remaining items on its agenda, and to conclude its work for the sixty-second session of the General Assembly.

Draft Resolutions

A draft resolution on United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International law (document A/C.6/62/L.12) would have the General Assembly approve the guidelines and the recommendations in the Secretary-General’s report on the Programme, in particular those designed to achieve the best possible results in its administration.  The Secretary-General would be authorized to carry out, in 2008 and 2009, the activities specified in his report (document A/62/503), including the provision of international fellowships in both years; a minimum of one scholarship under the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea, subject to the availability of new voluntary contributions made specifically to the fellowship fund.    

The Assembly would appoint 25 Member States -- six from Africa, five from Asia, three from Eastern Europe, five from Latin America and the Caribbean and six from Western Europe and other States -- as members of the Advisory Committee on the Programme of Assistance, for four years beginning on 1 January 2008.

By a draft resolution on diplomatic protection (document A/C.6/62/L.13), the Assembly would commend to the attention of Governments the 19 articles (annexed to the text) on the subject completed by the International Law Commission at its fifty-eighth session in 2006.  It would also invite them to submit written comments on the Commission’s recommendation that a convention be elaborated on the basis of those articles.  The Assembly, by its resolution 61/35, took note of the draft articles last year.

Also by the draft text, the Assembly would decide to include in the provisional agenda of its sixty-fifth session in 2010 an item entitled “Diplomatic protection” and to examine further, within the framework of the Sixth Committee, the question of a convention on the subject. 

According to the International Law Commission, diplomatic protection is traditionally a mechanism designed to secure reparation for injury to a national of a State, premised largely on the principle that it affects the State itself.  The Commission states that many of the principles contained in the articles on Responsibility of States for internationally wrongful acts are relevant to diplomatic protection and, therefore, are not repeated in the present draft articles.

A draft resolution on the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/C.6/62/11) would have the Assembly reiterate its call for voluntary contributions to the trust funds for updating the Repertoire of the Practice of the Security Council and eliminating the backlog in the Repertory of Practice of United Nations Organs, respectively, and for sponsoring associate experts to assist in the updates. 

The Assembly would decide that the Special Committee hold its 2008 session from 27 February to 5 March, and on 7 March, to continue consideration of, among other issues, all proposals on the maintenance of international peace and security.  It would also consider, on a priority basis, the implementation of relevant United Nations Charter provisions on assistance to third States affected by United Nations sanctions.

By a draft on criminal accountability of United Nations officials and experts on mission (document A/C.6/62/L.10), the Assembly would strongly urge States to take all appropriate measures to punish them for crimes committed on mission, without prejudice to their privileges and immunities.  It would also strongly urge States to consider establishing jurisdiction over crimes of a serious nature committed by their nationals on such missions, and to cooperate with each other and with the United Nations in their investigations and prosecution.

By the draft, the Secretary-General would be urged to continue to strengthen existing training on United Nations standards of conduct, including through pre-deployment and in-mission induction training.  Finally, the Assembly would decide that the Ad Hoc Committee on the subject shall reconvene on 7, 8, 9 and 11 April 2008 to continue its work on the report of the Group of Legal Experts, which examined the issue (A/60/980).

By the draft resolution on responsibility of States for internationally wrongful acts (document A/C.6/62/L.20), the Assembly would once again commend the articles on the topic to the attention of Governments, and would request the Secretary-General to invite their comments on any future action on them.  The Secretary-General would be requested to update the compilation of decisions of international courts, tribunals and other bodies referring to the articles and to invite Governments to submit information on their practice.  This should be published well in advance of the Assembly’s sixty-fifth session in 2010.

The articles, adopted by the International Law Commission at its fifty-third session in 2001, were taken note of by the Assembly in resolution 56/83 of that same year.

A resolution on the report of the United Nations Commission on International Trade Law on the work of its fortieth session (document A/C.6/62/L.16) would have the Assembly reaffirm the importance of the Commission’s work on technical assistance and cooperation in the field of international trade law reform and development, particularly for developing countries.  In that regard, the Assembly would encourage the Secretary-General to seek partnerships to increase awareness about the Commission’s work and to facilitate implementation of legal standards resulting from its work. 

Further by the resolution, the Assembly would note with regret that no contributions had been added, since the Commission’s thirty-sixth session, to the trust fund providing travel assistance to developing countries, and it would therefore consider helping those from least developed countries to participate in the Commission’s work.

Finally by the resolution, the Assembly would stress the importance of the Commission’s conventions being brought into effect for the global unification and harmonization of international trade law.  It would welcome the preparation of digests of case law relating to the Commission’s texts, and would request the Secretary-General to ensure publication of the proceedings of the “Modern Law for Global Commerce” Congress, which was held in July in Vienna.

By a resolution on the fiftieth anniversary of the Convention on Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958 (document A/C.6/62/L.17), the Assembly would welcome initiatives for its celebrations.  The Assembly would encourage the use of such events to promote the wider adherence to the Convention, greater understanding of its provisions and uniformity in interpretation and effectiveness in its implementation.  States would be invited to consider becoming parties to the Convention if they had not yet done so.

By a resolution on the report of the International Law Commission on the work of its fifty-ninth session (document A/C.6/62/L.18), the Assembly would draw the attention of Governments to the importance of sharing their views with the Commission on the various topics on that body’s agenda, in particular those included in the report.  They are:  reservations to treaties, shared natural resources, expulsion of aliens, responsibility of international organizations and the obligation to extradite or prosecute (aut dedere aut judicare).

Governments would also be invited to provide information on practice with regard to the topics of “expulsion of aliens”, “the obligation to extradite or prosecute” and “effects of armed conflicts on treaties”.  By 1 January 2008, they should provide comments on the draft articles and commentaries on the law of transboundary aquifers.  Also, note would be taken of the Commission’s decision to take up the issues of “protection of persons in the event of disasters” and “immunity of State officials from foreign criminal jurisdiction”.

Also by the draft, the Assembly would welcome the enhanced dialogue between the Commission and the Legal Committee.  It would decide that the Commission’s next meeting would take place in Geneva from 5 May to 6 June and from 7 July to 8 August 2008.  Further, legal advisors would be encouraged to participate in the commemorative meeting for the Commission’s sixtieth anniversary, to be held in Geneva on 19 and 20 May 2008.  Also in that regard, States would be invited to convene similar national or regional meetings dedicated to the Commission’s work.  

The Assembly would ask the Secretary-General to set up a trust fund for voluntary contributions to address the backlog in the Commission’s Yearbook.  Finally, after making the relevant requests for circulation of information between the Commission and States, the Assembly would recommend that the Sixth Committee’s debate on the Commission’s report commence on 27 October 2008.

A draft resolution on consideration of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm (document A/C.6/62/L.19) would have the Assembly commend to Governments the 19 articles, as well as principles on the subject.  The draft articles and the text of the principles were completed by the International Law Commission in 2001 and 2006, respectively.  The texts of the articles are annexed to the draft resolution. 

Governments would be invited to submit comments on the articles’ future form, taking into account the Commission’s recommendations for the elaboration of a convention on the basis of the draft articles, as well as on any practice in relation to the application of the articles and principles.   

The draft articles deal with the concept of prevention in the context of authorization and regulation of hazardous activities which pose a significant risk of transboundary harm, according to the International Law Commission.

By a draft resolution on the rule of law at the national and international levels (document A/C.6/62/L.9), the Assembly would reiterate its request to the Secretary-General to prepare an inventory of the current activities of the various organs, bodies, offices, departments, funds and programmes within the United Nations system devoted to the promotion of the rule of law.

The Secretary-General would also be requested to submit a report identifying ways and means for strengthening and coordinating the activities to be listed in the inventory, with special regard to the effectiveness of assistance that might be requested by States in building capacity for the promotion of the rule of law at the national and international levels.

The Assembly would express support for the Rule of Law Coordination and Resource Group, supported by the rule of law unit in the Executive Office of the Secretary-General, under the leadership of the Deputy Secretary-General, and would request the Secretary-General to provide details on staffing and other requirements for the unit, without delay, to the General Assembly.

By a draft resolution on measures to eliminate international terrorism (document A/C.6/62/L.14), the Assembly would strongly condemn all acts of terrorism as criminal and unjustifiable, and call upon all Member States and all appropriate international organizations to implement the United Nations Global Counter-Terrorism Strategy, without delay.  It would reiterate its call uponall States to adopt further measures, in accordance with the United Nations Charter and the relevant provisions of international law, to prevent terrorism and to strengthen international cooperation in combating it.

The Assembly would note the progress attained in the elaboration of the draft comprehensive convention on international terrorism by its Ad Hoc Committee, established by resolution 51/210 of 17 December 1996, and would decide that it shall meet on 25 and 26 February and 6 March 2008 to expedite its work.

By a draft decision on administration of justice at the United Nations (document A/C.6/62/L.22) the Assembly would decide to establish an ad hoc committee on the subject, to be open to all United Nations Member States, specialized agencies or members of the International Atomic Energy Agency (IAEA), to continue work on the legal aspects of the question.  The ad hoc committee would meet from 10 to 18 April and on 21 and 24 April 2008, and would report on its work to the sixty-third session of the Assembly.

In a report on the administration of justice (document A/62/294), the Secretary-General sets out the essential elements of the legal framework for the new justice system at the United Nations, expected to be implemented no later than January 2009.  The elements include:  the nomination and selection of judges, draft elements of the Tribunal statutes and proposed details for disciplinary procedures, management evaluation and staff legal assistance under the new system.

Revitalization of Assembly’s Work

The Committee will also consider its work programme for the sixty-third session of the General Assembly in 2008. 

Action on Drafts

The draft resolution on United Nations Programme of assistance in the Teaching, Study, Dissemination and Wider Appreciation of International law (document A/C.6/62/L.12) was approved, as orally revised, without a vote.

The Committee next approved a draft resolution on diplomatic protection (document A/C.6/62/L.13) without a vote.

MAHNOUSH ARSANJANI, Director of the Codification Division of Office of Legal Affairs and Secretary of the Sixth Committee, made a statement on behalf of the Secretary-General before action on the draft resolution on the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (document A/C.6/62/11).  She said that, should the General Assembly adopt the draft, the 2008 meetings of the Special Committee on the Charter would not entail additional requirements under the proposed 2008-2009 programme budget.

The Committee then approved the draft resolution without a vote.

Also acting without a vote, the Committee approved the draft resolution on criminal accountability of United Nations officials and experts on mission (document A/C.6/62/L.10). 

Similarly, the Committee Secretary, Ms. Arsanjani again explained prior to action on that text that the April 2008 meeting of the Ad Hoc Committee on the subject would not give rise to additional requirements under the proposed 2008-2009 programme budget.

Speaking after action on the text, the representative of Canada, also on behalf of Australia and New Zealand, welcomed the consensus achieved on the text, and said that the three countries looked forward to the consideration of the subject in the Ad Hoc Committee.

The draft resolution on responsibility of States for internationally wrongful acts (document A/C.6/62/L.20) was also approved without a vote.

Next, the representative of Morocco introduced the draft resolution on the report of the International Law Commission on the work of its fifty-ninth session (document A/C.6/62/L.18), which the Committee approved without a vote.

The draft resolution on consideration of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm (document A/C.6/62/L.19), introduced today by the representative of New Zealand, was also approved without a vote.

The representative of Liechtenstein introduced the draft resolution on the rule of law at the national and international levels (document A/C.6/62/L.9), which the Committee approved, as orally amended, without a vote.

The representative of Germany, speaking after the vote, said that the Secretary-General, in his report on the topic, had invited the comments of Governments.  His Government had responded.  The draft resolution had not mentioned the responses of Governments.  He noted that the Secretary-General’s report remained on the table. 

The representative of Canada then introduced the draft resolution on measures to eliminate international terrorism (document A/C.6/62/L.14).

Ms. ARSANJANI, speaking on behalf of the Secretary-General, said that the 25 and 26 February and 6 March 2008 meetings of the Ad Hoc Committee on terrorism would not give rise to additional requirements under the proposed 2008-2009 programme budget, should the General Assembly adopt the text.

In explanation of position before action, the representative of Egypt said that military alliances should not be mentioned in connection with preambular paragraph 21 of the draft, which took note of recent progress in the implementation of measures against terrorism. 

Algeria’s representative said it was regrettable that so little work had been done on what was of a technical nature.  Also, the mention of an organization in connection with taking note of progress in fighting terrorism should not be an endorsement of it. 

Iran’s representative also took exception to the mention of the North Atlantic Treaty Organization (NATO) with regard to the progress in fighting terrorism. 

Uganda’s delegate said the East African Community should have been mentioned in that preambular paragraph.

The Committee went on to approve the draft resolution without a vote.

Speaking in explanation of position after action, Venezuela’s delegate said it was the same text as last year’s, and it was regrettable that the Committee had not been able to finalize its work on the subject.  The outcome was an unbalanced document.  The mention of an organization did not indicate endorsement. 

The representative of Tunisia said a little more flexibility would have produced a more concrete outcome.  The text did include some useful measures to be taken.  His country had submitted an initiative in the form of a code of conduct to combat terrorism, to which States could voluntarily subscribe. 

The delegates of Sudan and Cuba said they had joined the consensus about the mention of a military group in connection with progress in the fight against terrorism.

Next, the representative of Austria introduced two draft resolutions:  one on the report of the United Nations Commission on International Trade Law (UNCITRAL) on the work of its fortieth session (document A/C.6/62/L.16); and the other on the fiftieth anniversary of the 1958 Convention on the Recognition of Foreign Arbitral Awards (A/C.6/62/L.17).

Following approval, without a vote, of the draft resolution on the Commission on International Trade Law, the representative of the United States said the paragraph concerning the Commission’s comprehensive review of its working methods should have contained a provision to the effect that the Commission’s work should continue to be based on consensus. 

Canada’s representative expressed support for the Commission’s work, and said the strength of the instruments the Commission elaborated was based on consensus.  The Commission should conduct a comprehensive review of its working methods, and it would be beneficial for States to be more informed about its work.  However, the current working methods were effective and consensus was important.  It was not necessary to completely revamp the working methods.

The delegate of France said the decision to hold a comprehensive review of the Commission’s working methods had been made last July.  It was on the agenda of the second part of the Commission’s session with the result to be taken up in Vienna next December.  The substance of the Commission’s work would not be affected and the draft text made that clear.  The review should be conducted in a constructive way to improve the Commission’s working methods.         

The Committee next approved, without a vote, the draft resolution on the fiftieth anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958 (A/C.6/62/L.17).

Next, the representative of Malaysia introduced the draft decision on administration of justice at the United Nations (document A/C.6/62/L.22), as well as a proposal for the transmission of the Conclusions of the Sixth Committee on the legal aspects of the topic to the Fifth Committee (Administrative and Budgetary) by a letter from its Chairman through the General Assembly President.

He said that the conclusions dealt with the scope of the new system of justice, the informal system of justice and the formal system, particularly questions relating to judges –- their qualifications, their election or appointment, and the jurisdiction and powers of the United Nations Dispute Tribunal and the United Nations Appeals Tribunal and their registries.  The conclusions would be annexed to the letter of transmittal to be signed by the Sixth Committee Chairman.  The letter, with the annexes, would be circulated as a document of the General Assembly.  The Committee agreed to the proposal.

Before the Committee took action on the draft decision, its Secretary said the 10 to 18 April and 21 and 24 April 2008 meetings of the Ad Hoc Committee on the Administration of Justice at the United Nations would not give rise to additional requirements under the proposed 2008-2009 programme budget.

The Committee then approved the draft decision without a vote.

Also without a vote, the Committee approved a draft decision, entitled “Revitalization of the work of the General Assembly” (document A/C.6/62/L.21),

on its provisional programme of work for the sixty-third session in 2008.

According to the text, the Committee, starting on 6 October, would consider 15 agenda items, including administration of justice at the United Nations, measures to eliminate international terrorism, criminal accountability of United Nations officials and experts on mission, and the rule of law at the national and international levels.

Other topics on the Committee’s agenda include the report of UNCITRAL, nationality of natural persons in relation to succession of States, report of the Special Committee on the Charter of the United Nations and the strengthening of the role of the Organization, report of the International Law Commission on the work of its sixtieth session, and the report of the Committee on Relations with the Host Country.

Before action on the draft, the representative of the Dominican Republic, speaking for the Rio Group, said the Secretariat should make adjustments so that there was no overlap between the Committee’s work and consideration of draft resolutions on the Law of the Sea in another body.  Smaller delegations could not be represented in two forums at a particular time.  The General Assembly, in a resolution last year, had decided that consultations should be planned in a way that prevented such overlaps.  The system of sending texts through e-mail raised the issue of transparency.  E-mails should not replace hard copy.  “Informal informals” should be open.  Consultations on the draft text on terrorism should not be held at Headquarters in secret.  Coordinators should consult to all delegations.    

A number of other delegations voiced support for the urgent need to avoid the overlap of the Committee’s work with deliberations in another forum on the Law of the Sea.  The representative of Uganda said the overlap was not just a minor problem, but a serious concern that had gone on for too long.  El Salvador’s delegate agreed.  Egypt’s representative called for respect of the Assembly and its resolutions.  The representative of Trinidad and Tobago, on behalf of the Caribbean Community (CARICOM), noted the difficulty of small delegations to be represented at simultaneous meetings.  Morocco’s delegate made the point that the work of both the Committee and the Law of the Sea bodies were equally important.  The representative of the Democratic Republic of the Congo, speaking on behalf of the African group, endorsed the importance of the work of both bodies, and noted that he was the only delegate of his country to cover both the Committee and Law of the Sea deliberations.

In return, the representative of New Zealand said the overlap was regrettable, but unavoidable.  Portugal’s representative, on behalf of the European Union, said the message concerning the importance of avoiding the overlap had been made clear and should be heeded.

Sierra Leone’s representative, in response, said that his country was a party to the Law of the Sea Convention.  It also depended on the resources of the sea for its economy.  His delegation needed to be able to participate in deliberations on fisheries.  To resolve the problem of the overlap, perhaps the Law of the Sea deliberations should take place after the meeting of the States parties to the United Nations Convention on the Law of the Sea, usually in June.  They should took place early enough, however, to avoid conflict with meetings of the Legal Committee.  

The Committee then approved the draft decision on the work of the General Assembly without a vote.

Election of Officers of Main Committees

The Chairman of the Sixth Committee suggested that consultations among regional groups should be held in due course so that at the appropriate time, at least three months before the opening of the sixty-third session of the General Assembly, the Committee would be in a position to elect its chairperson, three vice-chairpersons and a rapporteur. 

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