Sixty-third General Assembly GA/L/3348

Sixth Committee

12^th Meeting (AM)

DELEGATES WARN LEGAL COMMITTEE OF CARE NEEDED TO ENSURE

 

APPLICATION OF SANCTIONS CONFORMS TO UN CHARTER

 

Possible Harmful Effects on Innocent Parties Cited; Others Say

Actions Now ‘Targeted’, No Requests for Aid Received in Six Years

Sanctions must be applied only within Charter provisions and in conformity with international law in a regime that sets out strict criteria, and an opinion of the International Law Commission should set out the legal consequences of applying sanctions wrongfully, the Sudan’s representative told the Sixth Committee (Legal) today, as it took up the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization.

Continuing, the representative said the Special Committee’s future work on the question of sanctions should take into consideration the regrettable situation that the sanctions regime had become “a knife hanging over the heads of States”.  Sanctions were being used as a coercive tool and as a punitive measure.

The representative of Egypt suggested that an advisory opinion on the matter from the International Court of Justice would strengthen the implementation of Charter provisions.  It would also confirm the importance of not resorting to force, except in accordance with international law.

Also calling for such an advisory opinion, Venezuela’s representative recalled that the aim of sanctions was to modify the actions of States, not to punish.  Negative affects should be minimal.  The regime should never be aimed at overthrowing a legitimate State.

The representative of the United States strongly disagreed with those speakers, saying the Charter Committee should not aim to devise norms on sanctions.  He said very little concern had been expressed by Member States about economic problems to third States resulting from the application of sanctions.  There was no need for a fund to help such individuals, and there was no need to request an advisory opinion from the International Court of Justice.  The Charter was a sufficient guide.

France’s delegate also noted, on behalf of the European Union, that no requests for assistance had been submitted to any of the sanctions committees in the last six years by any third State.  He said that was because sanctions were no longer comprehensive economic sanctions; rather, they were targeted with minimal adverse effects.  The item should be removed form the Special Committee’s agenda.

The fact that no third States had approached any sanctions committees should not be interpreted to mean that no damages had been incurred, Nigeria’s representative warned.  A mechanism should be developed to assist third States at the time when sanctions were introduced and should be independent of a specific request from States.  Pre-assessment reports concerning the likely or actual unintended impact of sanctions on third States should also be continued.  A working group should study those effects and make recommendations on assistance.

Turkey’s representative said an important 1998 study on development of a methodology for assessing the consequences incurred by third States as a result of preventive or enforcement measures had not yet been considered by the Special Committee.  The recommendations of those experts should serve as the basis for considering the question.

Three reports were orally delivered to the Committee today.  Karim Medrek ( Morocco), Chairman of the Special Committee, introduced the Committee’s main report.  The Deputy Director of the Codification Division, George Korontzis, updated the Committee on the status of the Repertory of Practice of United Nations Organs.  Gregor Boventer, the Chief of the Security Council Practices and Charter Research Branch of the Department of Political Affairs, updated the Committee on the status of the Repertoire of the Practice of the Security Council.

Also speaking today were the representatives of Kenya (for the African Group); Mexico (for the Rio Group); and Cuba, on behalf of the Non-Aligned Movement.

Statements were also delivered by delegates of Belarus, China, India, Libya, Côte d’Ivoire, Iraq, Cuba (in its national capacity), Russian Federation, Syria, Senegal, Japan, Trinidad and Tobago, Iran and Yemen.

The Committee will meet again at 10 a.m. Thursday, 23 October, to conclude its consideration of the Charter Committee’s report and begin its debate on the protection of diplomats and the status of protocols related to the protection of victims of armed conflict.

Background

The Sixth Committee (Legal) met today to take up the report of the Special Committee on the United Nations Charter and on strengthening the Organization’s role. 

For its consideration, the Committee had before it a report by the Secretary-General on implementation of the provisions of the charter of the United Nations related to assistance to third States affected by the application of sanctions (document A/63/224), which highlights Secretariat arrangements related to that assistance.  The report also summarizes the operational changes that have taken place in light of the Security Council’s shift in focus from comprehensive to targeted sanctions.  Finally, the report discusses recent developments concerning activities by the General Assembly and the Economic and Social Council related to the matter.

The report states that no sanctions committees were approached during the year ending 4 August last with regard to special economic problems arising from the implementation of sanctions.  The report further states that in nearly every case in which the Security Council had decided that States would freeze assets of a national individual or entity, exception was also granted, whereby a State could signal to the relevant sanctions committee that it would authorize access to the frozen funds for basic and extraordinary expenses.  A total of 33 notifications were submitted in connection with the receipt of payment or the unfreezing of assets as a way of mitigating economic burdens arising from the implementation of assets freezes mandated by the Security Council.

The Report also states that the Department of Economic and Social Affairs has continued to explore methods to develop and refine a possible methodology for assessing the impact of sanctions and remedial assistance to third States, which would be done most effectively on a case-by-case basis.  The Department was also seeking to improve the sanctions monitoring and assessment regime by closer collaboration with the Department of Political Affairs, other Secretariat units and intergovernmental bodies.

Also before the Committee was 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/63/33) concerning the proceedings of its sixty-third session (New York, 27-29 February, 3-5 March and 7 March).  The report states that the Special Committee had before it working papers on the use of sanctions to maintain international peace and security.  The papers from the Russian Federation, Libya, Cuba, Belarus and the Dominican Republic (on behalf of the Rio Group) were associated with the implementation of sanctions. 

Recommendations included the continued consideration, on a priority basis, of the working document submitted by the Russian Federation entitled “basic conditions and standard criteria on the introduction and implementation of sanctions imposed by the United Nations”.  The Special Committee decided to discontinue consideration of another working paper by the Russian Federation, “Fundamentals of the legal basis for United Nations peacekeeping operations in the context of Chapter VII of the Charter”.

The report also says that some delegations called for the establishment of a mechanism to assist third States at the time sanctions were introduced, independent of a specific request from those States.  Although the Security Council’s focus on using targeted rather than comprehensive sanctions had minimized unintended consequences on civilians and third States, regret was expressed that the Secretary-General’s report did not contain a recommendation explicitly referring to how third States could be assisted.

By the report, the Special Committee also adopted the recommendation to continue consideration of another working paper by the Russian Federation and Belarus, which said an advisory opinion should be requested from the International Court of Justice on the legal consequences for States using force without prior authorization by the Security Council.  The paper said the only exception for not obtaining prior consent from the Security Council was when exercising the right to self-defence. 

The Special Committee also decided, according to the report, to continue including on its agenda the consideration of proposals for legal aspects of United Nations reform.  In light of the Organization’s role in an evolving world, that reform could not be conducted with an exemption from legal review.  The Special Committee was in a position to take on the review.

The final report before the Committee today was that of the Secretary-General on the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council (document A/63/98).  In it, the Secretary-General reports on progress made in the preparation of studies of the Repertory, including the increased use of the internship programme and the wider cooperation with academic institutions.  He also reports on progress made towards updating the Repertoire, including through contributions to the trust fund established for that purpose, as well as the trust fund to eliminate the backlog on the update.

The Secretary-General recommends that the Assembly note the current status of the Repertory, including in the posting on the Internet in three languages, English, French and Spanish.  He also recommends the continued expansion of those activities.  With respect to the Repertoire, he suggests that the Assembly note the progress in the implementation of efficiency-enhancing measures.  He also recommends the continued posting of the publication in electronic form in all languages and the reiteration of the call for voluntary contributions.  Finally, he recommends that the Assembly note with appreciation the support of Germany, Italy and Norway in sponsoring experts to assist in the work.

Introduction of Reports

KARIM MEDREK ( Morocco), Chairman of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, introduced the report of the Special Committee on its 2008 session (A/63/33).  He recalled that in paragraph three of resolution 62/69, the General Assembly had asked the Special Committee, inter alia, to continue its consideration of all proposals towards the maintenance of peace and security and towards strengthening the role of the Organization in that capacity.

Before the Special Committee this year, he noted, were working documents submitted by the Russian Federation, Libya, Belarus and Cuba on strengthening the role of the Organization and enhancing its effectiveness.  The question of the implementation of the Charter in relation to third States affected by the application of sanctions and the peaceful settlement of disputes was also on the Committee’s agenda.  The Committee was also asked to give priority to considering ways of improving its working methods and increasing its efficiency.

He reviewed the chapters in the report -- dealing with procedural aspects; recommendations to the General Assembly; the maintenance of peace and security; the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council; and legal aspects of reforming the United Nations.  An annex to the report contained the text on basic conditions and standard criteria governing sanctions implemented by the United Nations.

GEORGE KORONTZIS, Deputy Director of the Codification Division on the Status of the Repertory, introduced the Secretary-General’s report on the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council (A/63/98) and drew the Committee’s attention to the updated charts of the status of the Repertory of Practice, which had been distributed.

He gave details on the completion, and submission for translation and publication, of various supplements, noting that all studies pertaining to these volumes were available on the Repertory’s website.  Advance versions of studies from 34 completed volumes were available on the Internet as well.  He said the electronic version of the Repertory had proven to be a useful tool for providing greater access to the studies while their publication in hard copy was in process. 

The Secretariat had intensified its efforts to make accessible electronically, by the end of this year, “all available three language versions of the Repertory studies”.  He said the well-established cooperation with Columbia University Law School had continued for the fifth consecutive year.  The advanced versions of several studies prepared in French by French-speaking institutions had also been placed on the Internet.

Turning to funding, he said a note verbale was sent to all Permanent Missions to the United Nations reminding them of the appeal by the General Assembly for voluntary contributions to the trust fund established to eliminate the backlog in the Repertory.  The Secretary-General noted with appreciation that the Governments of Albania, Guinea and Turkey donated, respectively, $1,500, $785 and $5,000 to the trust fund. 

GREGOR BOVENTER, Chief of the Security Council Practices and Charter Research Branch, Security Council Affairs Division, Department of Political Affairs, gave an update on the status of the Repertoire of the Practice of the Security Council.  Noting that the Branch continued to make “tremendous progress” this year in updating the Repertoire, he said it had simultaneously worked on preparing several supplements to the Repertoire focusing on the Security Council’s contemporary practice, while concurrently ensuring progress in coverage of the Council’s practice during the previous decade.  The Branch was now working on the thirteenth, fourteenth and fifteenth supplements to the Repertoire, covering the period from 1996 to 2007.

He reviewed progress on various supplements, noting that in an attempt to make the Repertoire as up to date as possible, the Branch had systematically been laying the groundwork for the preparation of the sixteenth Supplement.  Progress on this supplement, however, would depend on the continued availability of resources.

He said that in addition to preparing the Repertoire, the Branch was providing information on questions relating to both current and past practice of the Council and its subsidiary organs.  Referring to efforts to focus on the Security Council’s contemporary practice, he noted that over the past decade or so, activities of the Council and its subsidiary organs had been increasing in both pace and complexity.  The Council continued to diversify its agenda and touch upon new dimensions in the interpretation and application of the Charter.  The Council had also been taking initiatives aimed at greater transparency, streamlined working methods and enhanced cooperation.

Despite its limited resources, he said, the Branch succeeded in preparing the supplements to the Repertoire in the most expeditious manner consistent with accuracy and balance, by resorting to several efficiency-enhancing initiatives.  As mandated by the General Assembly, the Branch continued to submit completed and edited volumes of the Repertoire for translation and publication into all official languages.  Voluntary contributions by Member States to the trust fund for updating of the Repertoire remained an important element for sustaining progress in a situation of financial constraint.  In that regard he appealed for more extra-budgetary resources from Member States, which had thus far enabled the Branch to achieve progress in making updates to the Repertoire.   

Statements

STELLA ORINA (Kenya), speaking for the African Group, said the Group emphasized that the power of the Security Council to impose sanctions should be exercised in accordance with the Charter and international law.  Sanctions should be imposed for a precise time frame and lifted as soon as objectives were achieved.  Further, there should be strict adherence to the Charter provision providing for the recourse of consulting the Council in the event of special economic problems arising for a third State due to application of sanctions on a target, with a view to finding a solution to the problem.

The imposition of unilateral economic sanctions against developing countries as an instrument of foreign policy was a serious concern, she said.  The practice was a violation of international law and the right to development.  The relevant Assembly resolutions should be noted with regard to provisions for assisting third States.

She said the Group was open to discussing all proposals, particularly that raised by Libya in connection with the possible provision of compensatory payment to target and/or third States for damage done by sanctions imposed in a manner inconsistent with the Charter.  Deliberations on the matter, however, should be concluded with a reaffirmation of the principles enshrined in the Charter related to the settlement of disputes, including through judicial mechanisms such as the International Court of Justice.  All States should make the most effective use of existing procedures and methods for preventing and peacefully settling disputes in accordance with Charter principles.

ALEJANDRO ALDAY (Mexico), speaking on behalf of the Rio Group, said full execution of the Special Committee’s mandate depended on the political will of Member States and the fullest adoption of newly approved working methods.  States should increase efforts to implement the Committee’s mandate by configuring a solid thematic agenda, based on the identification of new subjects that would allow for optimal use of the Committee’s resources.  Towards that end, he said, the Rio Group had introduced a proposal related to the legal aspects of United Nations reform. 

As requested by some delegations, the Group would provide detailed responses on the rationale, scope and other details during the Special Committee’s next session.  The discussion would provide an opportunity for a technical review of legal aspects of the reform from a judicially oriented perspective.

Reaffirming the importance of the peaceful resolution of disputes that could put at risk the maintenance of international peace and security, he said the Special Committee should finalize its work on “the basic conditions and standard criteria in the application of sanctions imposed by the United Nations”, as submitted by the Russian Federation. 

ISMARA VARGAS WALTER (Cuba), speaking on behalf of the Non-aligned Movement (NAM), said the United Nations was the central and indispensable forum for addressing issues related to international cooperation, economic development and social progress, peace and security, human rights and the rule of law, cooperation, and consensus-building among States.  The Organization’s role should be strengthened, with efforts made to develop its full potential. 

Democratization of its principal organs was an integral part of the reform progress, as was respect for the General Assembly’s role and authority, including on questions of international peace and security.  The Assembly remained the chief deliberative policy-making and representative organ.  The encroachment of the Security Council on the functions of the other organs was of concern.

She said Council-imposed sanctions remained an issue of serious concern.  They should be imposed only as a last resort, since they were blunt instruments whose use raised fundamental ethical questions about whether the suffering imposed on vulnerable groups in target countries warranted the use of the pressure.  The objective of sanctions was not to punish or exact retribution on a population.  Objectives of sanctions regimes should be clearly defined and imposed for a specified time.  They should be based on tenable legal grounds.  They should be lifted once objectives were achieved, and the conditions demanded of States should be clearly defined and periodically reviewed.

HUBERT RENIE (France), speaking for the European Union, said the Union had been actively engaged in enhancing the design, implementation and effectiveness of sanctions, which were important tools in maintaining international peace and security when properly applied.  To be credible, they needed to be carefully targeted.  They also needed to take into account the applicable rights of due process and to minimize their adverse consequences on third parties.  They must be implemented and monitored effectively and must be periodically reviewed so as not to be applied longer than necessary.

He said the final report of the Security Council’s informal working group was welcome.  It had led to the establishment of an impressive list of best practices and methods.  Important progress had also been made in the listing and de-listing process on the sanctions list, and in the granting of exemptions.  The Special Committee should continue its work on the development of sanctions regimes by taking that progress into account.  It was particularly important for the listing and de-listing procedures to be fair and clear.

On the question of assistance to third States, he said no requests had been made for the last six years.  That was mainly because sanctions were no longer comprehensive economic sanctions, and thus minimized their adverse effects on civilian populations and third States.  The item should be removed from the Special Committee’s agenda.  On other matters, the strengthening of cooperation with regard to the Repertory and Repertoire was welcome.  The Special Committee’s session should be reduced to one week in order to focus on the key points of the debate.

VIKTAR SHAUTSOU ( Belarus) said the current discussion of the working papers submitted to the Special Committee on Strengthening the Role of the Organization was fruitful.  He supported all initiatives to ensure full respect for the Charter of the United Nations and, in that regard, the proposal made by the Dominican Republic on behalf of the Rio Group concerning working methods; States should implement this proposal.

Calling for the swift adoption of the decision to draft working papers on the implementation of sanctions governed by the United Nations, he said this instrument could come in the form of a declaration or an annex.  If there were a need for further work on the matter, an ad hoc group of the General Assembly should be created, which would not duplicate the work of the Security Council.  He said sanctions should be seen as an extreme way of addressing peace and security.  Sanctions should not harm third States.  Any suffering from sanctions had to be addressed by the United Nations.  Strengthening the role of sanctions should be dealt with through the development of an international instrument on the matter.

He said working papers submitted to the Special Committee, including those of Belarus and the Russian Federation, should be kept on the Committee’s Agenda.  The Repertory and Repertoire on the practices of the United Nations and the Security Council served well to convey the research activities of both bodies and the historical aspects of the United Nations.

GUO XIAOMEI ( China) said that as the only standing mechanism within the United Nations for discussion of the Charter and strengthening the role of the Organization, the Special Committee had played an important role in safeguarding the authority of the Charter, maintaining international peace and security and promoting the peaceful settlement of disputes.  Referring to the Special Committee’s consideration of sanctions, she said the imposition of sanctions as a means of dealing with threats to and breaches of international peace had strong impacts, and they were coercive to a certain extent.  Caution must be taken in resorting to sanctions; the strict criteria of the Charter and principles of international law had to be followed in their application.  She said she supported the continued consideration of the Russian Federation’s working paper.  It was necessary to set clear goals, conduct periodic reviews and assessments, and lift sanctions as soon as the goals were reached to avoid undue harm.

She said the Security Council had been continually improving working methods on sanctions in recent years.  For instance, it had adopted new procedures on formulating sanctions lists and on listing and de-listing individuals and entities.  However, the possibility that sanctions could produce harmful effects on third countries still existed.  While working further to regulate sanctions, it was necessary to continue to design methods of assessing effects on third countries and to explore feasible ways of assisting them. 

Expressing appreciation for the Repertory and Repertoire on the practices of the United Nations and the Security Council, she said China also supported the idea that the Special Committee should consider new agenda items.  However, no new agenda item should involve the issue of amending the Charter before a clear mandate from the General Assembly was obtained.  The issue should be a subject of integrated consideration within the overall framework of United Nations reform, and strengthening the role of the Organization.

ARJUN CHARAN SETHI ( India) said maintenance of international peace and security was the primary responsibility of the Security Council, which acted on behalf of all members of the United Nations in the discharge of its duties.  The Council was responsible for finding solutions to the problems of third States affected by United Nations sanctions.  Article 50 of the Charter was not merely procedural; it obliged the Council to find definitive solutions to the problems of affected third States.

He said he was pleased to note that the Security Council had worked towards standardizing humanitarian exemptions to developing de-listing procedures and establishing a focal point, which would mitigate the effects of sanctions.  Those measures were aimed at ensuring that sanctions were targeted and had consequently led to significant reductions in unintended economic consequences for third States.  A revised sanctions assessment methodology was being put in place that would increase the emphasis on the effect of targeted sanctions on individuals, financial transactions and commercial activities.  The Russian Federation’s proposal on implementing sanctions also remained relevant and should be adopted by the General Assembly.

Supporting the updating of the Repertoire and Repertory on the practices of the Security Council and United Nations organs, he said strengthening the role of the Organization and advancement of the rule of law remained critical priorities.  He said he attached great importance to reforming the United Nations, including the revitalization of the General Assembly and democratization and expansion of the Security Council, in both permanent and non-permanent categories.

MOHAMED IBRAHIM EL SHINAWY ( Egypt) said that, by augmenting the political will of States to reach settlements, the Special Committee played an important role in strengthening the framework for peaceful settlement of disputes to prevent the escalation of differences into international conflicts.  It also played a role in setting rules and legal practices to enforce the principles of international legality derived from the Charter, so as to prevent politicization, selectivity and double standards.  The preventive role of the Organization must be strengthened, along with the full use of the Secretary-General’s capacity in mediation and good offices.  The capacity of the United Nations must be amplified in the areas of early warning and preventive diplomacy.  Its capacity in proposing foundations for peaceful settlements and negotiating them until peace was achieved must be invigorated.

Towards that end, he said, the mandates of all organs must be respected with due regard for the balance between them, as set out in the Charter.  The Special Committee should study the outcome of the Austrian initiative on the Council’s role in strengthening a rule-based international system.  It raised crucial issues on how the role of the United Nations could be supported for the enhancement of an international order based on international legal regulation.  Also, negotiations towards Security Council reform should continue with special consideration to enhance transparency, accountability and State participation in Council discussions.   Egypt’s standard position on sanctions was essentially as set out in the Russian Federation paper.

He said the absence of reports by third parties about suffering from damages resulting from the imposition of sanctions should not be interpreted as an absence of effects.  However, affected States should report such damages so that the consequences of sanctions could be assessed.  An advisory opinion should be sought from the International Court of Justice concerning the legal consequences of resorting to military force by States without prior consent of the Security Council, and outside the bounds of international legitimacy.  That would strengthen the implementation of Charter provisions and confirm the importance of not resorting to the use of force except within the frame of international legitimacy in accordance with international law.

ABDULLAH YOLA (Nigeria), affirming the effectiveness of sanctions when applied and monitored in strict adherence with the Charter and international law, said he supported the call for the establishment of a working group mandated to study the unintended effects of sanctions on third States and to make recommendations on methods and mechanisms for assisting those States.  In addition, the fact that no third States had approached any sanctions committees concerning damages from the application of sanctions should not be interpreted as meaning that no such damage had been incurred.  A mechanism should be developed to assist third States at the time when sanctions were introduced.  It should not be dependent on a specific request from such States.  Pre-assessment reports concerning the likely or actual unintended impact of sanctions on third States should also be continued.

YASIR ABDELSALAM ( Sudan) aligned himself with the statements made on behalf of the Non-aligned Movement and of the African Group.  He said the Special Committee’s work was important in reaffirming the need for States to abide by the Charter’s provisions, especially with regard to the principles of State sovereignty and freedom from interference in internal affairs.  That was the basis for States being able to live together as one international community.  The Special Committee’s work had led to the adoption of many important documents related to peaceful settlement of conflicts.

Its work on the question of sanctions should take into consideration the regrettable situation that the sanctions regime was losing its effectiveness, and had become “a knife hanging over the heads of States”.  Sanctions were being used as a coercive tool and as a punitive measure.  They must be imposed only in accordance with the provisions of the Charter and in conformity with international law under the guidance of strict criteria.  The International Law Commission should examine the legal consequences of wrongfully applied sanctions.

Finally, he said the working methods of the Committee had been considered repeatedly, but those deliberations had not seen the light of day as documents.  Necessity demanded that concrete results be articulated on settled issues so as to ensure they did not stay on the agenda forever.  The Repertory and Repertoire were important for institutional memory.

Mr. EL-MURTADI ( Libya) said commitments to United Nations reform which arose from the World Summit in 2005 had important legal considerations, still needing attention.  The Special Committee could not overlook sanctions, their implementation and their procedures.  The jurisdiction of the Security Council to impose sanctions was subject to the United Nations Charter and to international law.  In that regard, the Council should not use sanctions outside the principles of international law, without objectivity, or to fulfil personal or political goals.  Anyone seeking to arbitrarily impose sanctions must be held accountable.  This was the essence of the Libyan proposal on the implementation of sanctions, contained in the report of the Special Committee. The issues raised in that paper were still relevant today.

Referring to the democratization of the United Nations, he said the establishment of a true democracy and relationship between the General Assembly and the Security Council were at the core of efforts to improve and reform the Organization; democratization must remain an important matter on the agenda of the Sixth Committee and Special Committee.

ALCIDE DJEDJE ( Côte D’Ivoire) recalled that his country had been under a regime of sanctions since November 2004.  He said that more than a year and a half after the signing by the former “belligerents” of a peace agreement, endorsed by the Security Council, Côte D’Ivoire wondered about the purpose of sanctions for the final settlement of the crisis, since these sanctions were still in place.  In that regard, he said he supported the Special Committee’s consideration of the working paper by the Russian Federation on the implementation of sanctions.  The paper took into account the interests of the international community, as well as the potential impact of sanctions on the behaviour of the State or target populations.

He said he also favoured the creation of a working group to study the issue of the implementation of Charter provisions on assistance to third States affected by sanctions.  In addition, he welcomed the progress of the Security Council and its sanctions committees to improve their practices, but he believed that conditions or additional procedures for de-listing should not be imposed.

Calling for the review of the working papers submitted by Cuba in 1997 and 1998, he said strengthening and enhancing the role of the General Assembly in the maintenance of peace and security was important, especially in the context of the reform of the Security Council, in particular, and of the United Nations system, in general.

RIADH HASHIM AL-ADHAMI (Iraq), explaining that the people of Iraq had suffered greatly from sanctions imposed on their country, said that in general, sanctions did not have an effect on those officials responsible for the country, but on the quality of life, health and education of civilians.  Sanctions must therefore be upheld in favour of humanitarian law and human rights, and with time limits and justification.  He also called for improving the de-listing mechanisms.  Sanctions could not represent a “collective punishment,” he said.  He said he supported the proposal of the Russian Federation on the matter and said discussions should continue in the Special Committee on that proposal.

Speaking in support of the peaceful settlement of disputes, he noted that many conflicts threatening international peace and security were regional, and, therefore, regional organizations had a major role to play in resolving them.

JUANA ELENA RAMOS RODRÍGUEZ ( Cuba) said the Special Committee should play a fundamental role in reform of the United Nations and in any reform of the Charter, adding that she supported all reforms that led toward democratization and transparency.  Progress must also be made in reforming the sanctions process, that extreme measure that must be used only as a last resort when all other attempts at peaceful settlement of disputes through existing measures had been exhausted.  Sanctions regimes, she said, must have clear objectives and must be lifted as soon as those objectives were achieved.  Any uses of sanctions to impose political ends or to influence the internal processes of a country were illegitimate.  The limited success of the discussion on sanctions within the Special Committee was resulted from lack of political will and was not due to the Special Committee’s working methods.  The Repertory and Repertoire were important research tools for the global community.

MARIA ZABOLOTSKAYA ( Russian Federation) said she attached great importance to the Special Committee’s work, particularly with regard to the legal aspects of sanctions, how they were applied and their effect on third countries, especially as related to situations involving the use of force.  Her country had authored the working paper on sanctions that was now before the Committee, as well as the revised version annexed to the Committee’s report.  The paper addressed the general conditions for applying sanctions, and a draft related to it would be circulated well before the next session of the Special Committee.  The proposal of the Rio group on legal aspects of United Nations reform was welcome.

MAZEN ADI ( Syria) said he aligned himself with the statement made on behalf of the Non-Aligned Movement.  He said he was deeply concerned about the way sanctions were being applied ever more frequently and accompanied by the use of force, in an illegal, arbitrary action that conflicted with international law.  When properly applied, sanctions could be useful as a last resort.  The Security Council must be fair when imposing sanctions.  It must look more deeply at the short and long term consequences while looking at the impact on civilian populations and on third States.

He said the application of sanctions must always comply precisely with the Charter.  The timeframe should be specific and sanctions should be removed when their objectives were achieved.  Harm inflicted on third States would be grounds for a legitimate right to demand reparations.  Because of the importance of the subject, the revised paper by the Russian Federation should receive full support.

He said the Cuban and Libyan papers on enhancing the Organization’s work should also receive support.  However, enhancing the Organization’s work could not be accomplished without an accompanying reform on democratization and transparency.  The Assembly’s legitimacy must be strengthened in matters of international security, in part to rebuff the encroachment of the Council on areas of concern accorded to other organs.

SALIOU NIANG (Senegal), subscribing to the statements made by Cuba, on behalf of the Non-Aligned Movement, and Kenya, on behalf of the African Group, said the maintenance of international peace and security was still a real priority if the efficiency and credibility of the United Nations were to be enhanced.  Sanctions had to be based on the Charter of the United Nations and international law; they should be targeted to eliminate harm to third States and be implemented as the very last recourse, after all other means had been exhausted. 

He said he welcomed the initiative of the Economic and Social Council to review methods used to assess the adverse economic effects of targeted sanctions.  The peaceful settlement of international disputes was the best way to ensure peace and security; the United Nations must shoulder special responsibility for encouraging such settlement, including legal disputes. International Court of Justice decisions were authoritative in the area of international law.

TOMOHIRO MIKANAGI ( Japan) noted that two years ago measures for improving the working methods of the Special Committee were adopted.  However, further improvements were needed.  Any proposals for the addition of new items should be carefully examined according to the agreed working method.  The Special Committee was determined to ensure that meetings were conducted as efficiently as possible in order to rationalize the use of time and resources, including allocated conference services.  This agreement had not been fully implemented in the Special Committee’s recent meetings.  Although Japan supported the discussion of items which were agreed as priority among Member States, such prioritization must be based on consideration of the role the Special Committee could most usefully play.

EDEN CHARLES ( Trinidad and Tobago) said international order was founded on the principles contained in Article 2, paragraph 3 of the Charter, which said all States had a duty to settle disputes by peaceful means so that international peace, security and justice were not jeopardized.  In that regard, he was concerned with the emerging trend by States to use force, or threaten the use of force, without prior approval from the Security Council.  He was also firmly of the view that the Special Committee had a special role to play, in accordance with its mandate, to democratize the United Nations.  He said he supported continued deliberations on the working paper submitted by Cuba on enhancing effectives on the Organization.

He said sanctions, when applied within the guidelines of the Charter, were important to aid in the maintenance of peace of security.  They should be applied with minimum adverse impact on the economies of third States.   He said he welcomed the important work on sanctions which had been undertaken in different organs of the United Nations.

ESHAG ALHABIB ( Iran) said the principal purpose of the United Nations in maintaining international peace and security required all Member States to observe the golden rule embodied in the Charter:  the obligation to refrain from the threat or use of force against the territorial integrity or political independence of any State or in any manner inconsistent with the Organization’s purposes.  Prohibition of the use of force was a peremptory norm of international law to guarantee a peaceful and secure world, he said.  Coupled with a commitment to peaceful settlement of disputes, the principle constituted the fabric of international relations based on rule of “law” rather than rule of “power”.  However, he went on, certain Powers relied excessively on unlawful threats and use of force as an instrument of foreign policy.  This had created serious concerns and had put at risk the very purposes and principles of the Organization and international law.

He said the Security Council must not stand exempt from accountability for its decisions and actions.  It was charged with action on the behalf of States in fulfilling its responsibility.  The Council must not exceed its authority or contravene its instructions.  Instead, it was bound by international law and bound by the mandate delegated to it under the Charter.  It should be responsible and accountable in situations when sanctions were imposed based on mere speculation, unreliable information or political pressure.  In cases of injury, States had the right to be fully compensated.  The International Law Commission should consider the legal consequences of unlawful sanctions against Member States under the umbrella of the item “responsibility of international organizations”.  Possible remedies should be duly considered.

ALEJANDRO MORENO ( Venezuela) said the revised proposal on the criteria and standards for imposing sanctions was a welcome document in its reaffirmation of basic principles involved.  The aim of sanctions was to modify the actions of States, not to punish.  Due attention must be turned to ensuring they exerted minimal negative affects.  The sanctions regime should never be aimed at overthrowing a legitimate State and a clear warning should be issued prior to the application of sanctions.  Unilateral actions in applying sanctions were never acceptable.  Humanitarian assistance to civilian populations affected by sanctions should be ensured in line with humanitarian principles.

He said the power of the Security Council was not absolute and its role in applying sanctions must be reviewed to make sure it did not encroach on concerns that were the province of the Assembly.  The Council itself needed reform, to bring it into line with current realities in keeping with principles on representation and equality of States.  An advisory opinion should be sought from the International Court of Justice regarding the responsibility to settle disputes peacefully.  On the working methods of the Special Committee and the identification of new subjects, he said the proposal of the Rio Group should be adopted.

ÇAĞLA TANSU-SEÇKIN ( Turkey) said recent improvements in the sanctions regime had not addressed the question of assistance to third States.  As already reported last year, the Security Council’s informal working group on general issues concerning sanctions had not recommended any specific measures to assist untargeted States affected by the unintended impact of sanctions.  An important 1998 study on development of a methodology for assessing the consequences incurred by third States as a result of preventive or enforcement measures had not yet been considered by the Special Committee.  The recommendations of those experts should serve as the basis for considering the question.

On the sanctions working paper submitted by the Russian Federation, she said delegations should preserve momentum so as to conclude the discussion without further delay.  Also, in the peaceful settlement of disputes, the principle of free choice of means should be central.  Finally, she said her country would continue to contribute to the work of the Repertory and the Repertoire.

MARK SIMONOFF ( United States) said he commended the Secretary-General’s ongoing efforts to reduce the backlog in preparing the Repertory of Practice of the United Nations Organs and the Repertoire of the Practice of the Security Council, and then took up the Charter Committee’s report.  He said that Committee should not aim to devise norms concerning the design and implementation of sanctions; it should not pursue activities that would be duplicative or inconsistent with the roles of the principal organs of the United Nations set forth in the Charter, particularly in Article 24.  Although some Member States continued to assert that Article 50 of the Charter required the Security Council to take action to assist third States affected by the imposition of sanctions, the claim was not true.  Article 50 only provided that States had the right to “consult” the Council in such a situation. 

On the Secretary-General’s report addressing the matter of sanctions, he noted that no States had approached the sanctions committees to express concerns about special economic problems resulting from sanctions during the period covered by the report.  He said this was a result of concerted Council efforts to impose targeted measures that minimized unintended economic consequences for States.  So, there was no reason for Member States to actively consider the establishment of a fund financed from assessed contributions or other United Nations-based financial arrangements to address an “abstract concern”.

He added that the Secretary-General’s report indicated that the Security Council had taken steps to mitigate economic burdens on targeted individuals arising from the implementation of Security Council assets freezes.  The report also relayed that in every case in which the Security Council had decided States should freeze assets owned or controlled by designated individuals or entities, the Council had also adopted exceptions by which States could signal to the relevant sanctions committee their intention to authorize access to frozen funds for a variety of basic and extraordinary expenses, which could include payment for legal services. 

With respect to reforming the legal aspects of the Organization, he agreed that, as appropriate, the Special Committee could have a technical role to play in matters relating to the implementation of any decisions to amend the Charter.  There was no need to request an advisory opinion from the International Court of Justice on the use of force, which was adequately and clearly set forth in the United Nations Charter.

MOHAMED NASSER ( Yemen) said Yemen’s constitution was based on respect for the provisions of the United Nations Charter, and he confirmed his country’s commitment to Article 2, paragraph 3 of the Charter, with regard to the peaceful settlement of conflict.  He said Yemen had exerted efforts to settle border disputes with neighbours peacefully.  

On the issue of sanctions, he said he believed their implementation had to be a last resort in responding to threats to international peace and security.  They should be implemented only after all peaceful means were exhausted, and in accordance with the strict criteria of the Charter and international law.  The listing and de-listing processes also had to be carried out transparently.  Those listed had to be so treated only on a sound and just basis.  Accordingly, he called for a regular review of listed names, keeping in mind the guiding principles adopted by the Security Council and the Assembly.  Sanctions must have a time limit, and must be lifted as soon as the reasons that called for their existence were removed, or as soon as their objectives were met. 

He expressed support for efforts to strengthen the role of the General Assembly, so that it would implement principles and provisions of the Charter towards the maintenance of international peace and security.

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For information media • not an official record