Addressing Responsibility of International Organizations, Sixth Committee Speakers Argue over Codifying Draft Texts into Treaty, Keeping as Guidelines
Concluding Debate on Rule of Law Delegates Also Tackle Strengthening, Promoting International Treaty Framework
Taking up the agenda item on the responsibility of international organizations, speakers in the Sixth Committee (Legal) were divided about the future of the related International Law Commission’s draft articles, debating whether to codify those texts into an international instrument, keep the topic on the Committee’s agenda or utilize the drafts as guidelines.
Several speakers noted they did not support the elaboration of a convention stating that the document does not embody consensus views, with the United States representative suggesting closing the agenda item.
Arguing that, others called it a step forward to regulating such entities, with Portugal’s delegate noting that the Commission’s work has taken more than 60 years to complete. Many speakers expressed support for negotiating a legally binding treaty.
To that point, the representative of Iran noted that, despite the diversity of international organizations, the draft articles and their commentaries serve as a reference text to guide States’ and international organizations’ practice. It is high time to reach an agreement on a convention on their responsibility, he said.
Equatorial Guinea’s representative, however, said that it is premature to prepare a convention based on the current draft articles. Rather, Member States should prioritize bringing their positions closer together concerning the draft articles on the responsibility of States for internationally wrongful acts.
Adding to that, the Russian Federation’s delegate, while noting a convention could bridge legal regulations, stressed that the plenary discussions are highly inappropriate for in-depth discussion on the topic. Instead, delegations should continue their consideration at the Sixth Committee’s resumed session to be held in 2025.
The Sixth Committee also held a debate on the international treaty framework, with many speakers highlighting its importance in supporting the rule of law and the multilateral system and underling the apolitical role ascribed to depositaries under established international treaty law.
The representative of Saint Vincent and the Grenadines, speaking for the Community of Latin American and Caribbean States (CELAC), detailed the important functions of depositaries, including keeping custody of the original texts of treaties. However, she noted the backlog in the United Nations Treaty Series, due to limited resources for translations, and stressed that to promote multilingualism, depositaries should prepare the treaties in such additional languages as required by the instrument.
On this, China’s representative, recalling that multiple languages are a core value of the United Nations, observed that many treaties deposited with the Secretary-General or United Nations agencies serving as depositaries still do not have authoritative Chinese translations. She, therefore, called for such translations of treaties to be promoted.
Noting that Member States have divergent views on registration and publication processes, the delegate for Nigeria suggested introducing the electronic online registration of treaties. Acknowledging a wide geographical disparity stemming from a lack of sufficient resources, she underscored the importance of technical assistance to developing States. “Let us be mindful not to create new obligations for Member States,” she emphasized.
At the outset of the meeting, the Sixth Committee concluded its consideration of the rule of law at the national and international levels, with many speakers presenting national measures to promote the principle and spotlighting the role of digital technologies in improving access to justice. (For background, see Press Release GA/L/3695.)
The representative of the United Arab Emirates said that, since its inception, the country has adopted an approach based on justice and respect of human rights, anchored in its cultural legacy. Her Government is harnessing technology to promote the access to justice for all, she said, detailing several ministerial decisions on e-litigation guidelines in both civil and criminal matters.
Similarly, Sierra Leone’s delegate said that its Justice Sector Reform Strategy and Investment Plan supports the critical role of digital technologies in improving access to justice. Noting that at the national level the country promotes a stable democratic and peaceful environment to enhance the rule of law, she said this commitment was demonstrated in the June 2023 multi-tier national elections, the first held since the civil war ended in 2002.
Highlighting his country’s stable legal and judicial system, the representative of Angola said it is strengthening the capacity of judicial institutions and courts. In the last decade, instability has worsened worldwide, particularly in Africa, he said, adding: “We defend a world of peace,” respect for sovereign equality and territorial integrity and a more balanced world order.
Malaysia’s delegate pointed out that access to justice was more than the ability to make one’s way to court. It encompasses a fair trial or hearing and the right to procure a just remedy. Also joining other speakers condemning the bombing of Al Ahli Arab Hospital, she stressed that attacks on indispensable civilian infrastructure should be unequivocally denounced. “We are a community of nations under which justice and the respect for the rule of law are paramount,” she declared.
The Sixth Committee will next meet at 10 a.m. on Friday, 20 October to begin its consideration of the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, and take up the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization.
Rule of Law on the National and International Levels
REEM MOHAMED SALEH YESLAM ALAMERI (United Arab Emirates), associating herself with the Arab Group and the Non-Aligned Movement, noted that her country continuously and progressively develops its judicial system. Since its inception, the United Arab Emirates has adopted an approach based on justice and respect of human rights, anchored in its cultural legacy. Her Government has worked on building a multicultural and tolerant society where people from all over the world can live in peace and harmony. In addition, the United Arab Emirates is harnessing technology to promote the access to justice for all, she said, pointing to the Federal Law and Decree Law, which define the use of information and communication technologies (ICT) and civil proceedings. The Minister of Justice also issued two ministerial decisions in 2019 on e-litigation guidelines in civil and criminal proceedings and, recently, enacted a law on countering human trafficking. Her country has been ranked first in the Middle East and North Africa region on the Rule of Law Index-2022 and thirty-seventh on the World Justice Project Rule of Law Index, she added.
TOFIG MUSAYEV (Azerbaijan), associating himself with the Non-Aligned Movement, said that, following new deadly terrorist acts, his country undertook local counter-terrorism measures on 19-20 September against the Armenian armed forces illegally deployed on Azerbaijan’s territory. These measures were carried out in full compliance with the Charter of the United Nations and international law, lasted less than 24 hours and culminated in the dissolution of the former occupation regime. To promote accountability consistent with international standards, Azerbaijan has taken concrete steps to investigate and prosecute serious offenses committed during the Armenian aggression. Further, at the international level, it instituted legal proceedings within the International Court of Justice and the European Court of Human Rights and commenced inter-State arbitration under the Bern Convention to hold Armenia accountable for its extensive destruction of Azerbaijan’s environment and biodiversity. He added that his country will continue its efforts to end impunity, promote the rule of law and strengthen regional peace and stability.
YOUSSEF HITTI (Lebanon), associating himself with the Non-Aligned Movement and the Arab Group, noted that the situation in Gaza continues to test humanity and the so-called “universal” values. It also questions respect for international law, which, he pointed out was “hailed last year as an instrument aimed at shielding people and nations [,] has been strangely put away, ignored and forgotten lately”. Whenever it comes to the Palestinian people, the respect for international humanitarian law has suddenly become optional. He questioned as to how many more need to be killed for international humanitarian law to apply universally, and how much longer will it take for Israeli crimes to be condemned and calls issued for accountability and putting an end to the atrocities? Silence only furthers the culture of impunity, he said, emphasizing that humanitarian action, although vital, cannot justify political paralysis. Implementing obligations under international law is the only way out of the situation, he stressed.
HAWANATU KEBE (Sierra Leone) welcomed the United Nations’ support regarding the use of international legal instruments against terrorism in Sierra Leone, adding that she looks forward to this partnership advancing efforts to promote the rule of law at both the national and international levels. At the national level, Sierra Leone promotes a stable democratic and peaceful environment to create sustainable peace, security, development and overall efforts to enhance the rule of law. This was demonstrated in the June 2023 multi-tier national elections, the first since the civil war ended in 2002. Regarding technology, she said the Sierra Leone Justice Sector Reform Strategy and Investment Plan supports the critical role technology, including digital technologies, in improving access to justice. Technology will form a critical component in the Government’s review of the Plan. In its roll out of a case management system, the judiciary also recognized the value of judges and magistrates uploading cases to the system to increase transparency and accountability, she said.
ZINEB BOUZIANE (Morocco) said that international regional organizations play a crucial role in strengthening the rule of law by providing support to Member States at the national level. The launch of the national reform dialogue in 2012 led to the establishment of a charter for the judicial system in 2013, which set key objectives for the modernization of justice administration. In 2023, the Chamber of Representatives of Morocco adopted two bills — one related to the Supreme Council and another on status of magistrates — she reported, also noting that the country has adopted innovative technological tools and enhanced digital access to justice to modernize the justice system. In addition, in 2022, the Ministry of Justice enacted four new digital services to provide access for citizens to e-justice, including judicial digital filing and an electronic portal for the judicial system. Reporting that Morocco has also created a hotline to facilitate access to justice, she emphasized that technological innovation — tailored to individual situations — can establish a robust basis to consolidate the rule of law.
NUR AZURA ABD KARIM (Malaysia), associating herself with the Non-Aligned Movement and the Association of Southeast Asian Nations (ASEAN), stressed that “we are a community of nations under which justice and the respect for the rule of law are paramount”. Atrocities, including attacks on indispensable civilian infrastructure, such as the attack on the Al Ahli Arab Hospital should be unequivocally condemned. On access to justice, she said it means more than the ability to make one’s way to court. It encompasses a fair trial or hearing and the right to procure a just remedy. Virtual courts have now become an indelible aspect of her country’s system of advocacy. The Malaysian Government has been proactively advocating the utilisation of information and communications technology within the legal system, she said, highlighting an online case management system, an electronic evidence presentation system and a process for recording audio and video of case proceedings in courtrooms.
MATEUS PEDRO LUEMBA (Angola), aligning himself with the African Group, said the state of international law may vary depending on the circumstances and actions of countries. Noting that the principle’s application includes respect for international treaties and agreements, the peaceful settlement of disputes, the fight against impunity for international crimes and the protection of human rights, he stressed the role of the United Nations in strengthening the rule of law. In the last decade, instability has worsened worldwide, particularly in Africa, because of the intensification of unconstitutional changes of democratically elected Governments. Highlighting his country’s stable legal and judicial system, he said that Angola is strengthening the capacity of institutions such as the courts, the Attorney General's Office and the Criminal Investigation Service. “We defend a world of peace,” respect for sovereign equality and territorial integrity and a more balanced world order, he declared.
SAOUD ABDULLAH ALHARBI (Kuwait), aligning himself with the Arab Group, called on the international community to “stop implementing double standards when it comes to criminal Israeli practices” and to protect defenceless civilians. He then said that the importance of the rule of law at the national level is embodied in the development enjoyed by communities that implement laws guaranteeing justice and equality; emphasize human rights; and achieve complementarity between domestic law and international commitments. For its part, Kuwait’s Constitution guarantees public freedoms, civil rights and the separation of powers. Recalling that all nations agreed on certain international instruments to promote justice and equality following centuries of conflict, he reaffirmed that upholding the rule of law at the international level is obligatory for all countries. Kuwait supports United Nations efforts to promote the rule of law that will advance national, regional and international efforts to “build a world where peace, security and prosperity prevail”, he said.
NICAISE SERVAIS DOUCKAGA NZENGUI (Congo) said the rule of law serves as an effective tool to ensure a country’s development and democracy. It is a driver of a country’s progress towards equality and is necessary to help protect public freedoms. Welcoming the Secretary-General’s report and its aim to strengthen the rule of law, he said that the Government has ratified relevant treaties and the Rome Statute of the International Criminal Court in the fight against impunity. Further, the country aims to raise awareness of the need to combat corruption, which helps ensure access to justice. It is working on its national development plans and will pursue cooperation with the United Nations. It is also using civic participation and strengthening dialogue as a way to settle conflicts. It will also use digital technologies and artificial intelligence to enhance the effectiveness of its justice system for peaceful means. Moreso, he stressed that Congo will spare no effort to pursue its partnership with the United Nations.
LOUREEN SAYEJ, observer for the State of Palestine, spotlighting the carnage following the Al Ahli Arab Hospital bombing, called it a massacre and war crime by an occupying Power against a people under its occupation who it is supposed to protect. Israel’s systematic targeting of hospitals is part of a well-documented policy. Currently, 24 hospitals are under imminent threat of bombing by Israel, she reported, adding: “Besieged, denied fuel, water, electricity, food, patients are dying and morgues are filling.” The rule of law underpins universal humanity; guarantees freedom, dignity, equality, justice, and stability; and protects the powerless and challenges the powerful. “But Palestine has always exposed the hollowness of the applicability of the rule of law.” Instead it has exposed the principle’s selectivity and has always been the litmus test for its viability and authority. Seventy-five years should have been enough time for the international community to hold Israel accountable for its crimes, yet it has not. She questioned whether the efficacy of the rule of law will recover from this destruction. Until Israel’s settler colonialism, occupation, dispossession, ongoing Nakba and apartheid end, the promise of international law will not be fulfilled. “Only when Israeli officials are held accountable for their crimes we can restore international legality,” she said.
GABRIELE CACCIA, Permanent Observer for the Holy See, in its capacity as observer, noting that the rule of law encompasses the idea of restraining the exercise of power, said that justice is indispensable for the construction of a world in which conflicts are resolved peacefully and where the law of the more powerful does not prevail. To ensure the rule of law at the international level, it is necessary to make constant recourse to negotiation, mediation and arbitration, he said, calling on States to consider their responsibilities with regard to the most weak and vulnerable: “the poor, migrants, the elderly, the sick, the unborn”. By leveraging technology, the international community can build more accountable institutions, he said, adding that digital tools must be employed ethically to foster transparency, accountability and efficiency.
HENDRIK JAN BRINKMAN, Permanent Observer for the International Development Law Organization (IDLO), noted that his organization has developed a body of experience in using technology in the delivery of justice services to strengthen the rule of law and access to justice. This includes promoting e-justice to strengthen justice systems and processes, making them more transparent, accountable and efficient. He outlined examples of the support his organization has provided to Indonesia, Kenya and Ukraine in line with the body’s two goals, namely making justice systems more effective and responsive, and leveraging the rule of law to advance inclusive development, support climate justice and food security and promote preparedness to health crises and improved access to health services. Nevertheless, the digital divide risks perpetuating inequalities experienced by marginalized groups. To address this situation, e-justice delivery must be inclusive and people-centred, while its approach and digital access should be feminist and gender-transformative, he said.
LUCA MELCHIONNA, observer for the European Public Law Organization said that in 2022 the organization’s Global Rule of Law Commission — composed of experts from all over the world, following the UN practices for geographical repartition — was created in Cascais, Portugal. Noting that the Commission’s objective is to develop a comprehensive global concept of the rule of law with respect to universal values and diversity in a dialogue with civilizations, he said it provides advice and expertise in issues related to the rule of law. More so, it is open to receiving information from any party regarding the state of the rule of law in the world, he said, emphasizing that the Commission’s members shall not have political considerations in executing their duties nor any sanctions power. He also said that the Commission will present an annual report to the General Assembly, adding: “EPLO shall be open to all nations for discussing their needs and the best way to serve them.”
Right of Reply
The representative of the Russian Federation, speaking in exercise of the right of reply, expressed regret over several delegations’ decision to include “irrelevant, politicized Ukrainian issues” in the discussion. This is part of the standard toolkit of accusations levelled against the Russian Federation by the countries of the collective West. Noting that Western aggression around the world has resulted in hundreds of thousands of lives lost and the toppling of various regimes and statehoods, he said: “That is the West’s contribution to strengthening the rule of law.” To justify this aggression, the West is “using fakes” in the International Criminal Court and making up pretexts like weapons of mass destruction in Iraq, which were never found. “All of this has nothing in common” with the Charter of the United Nations or international law, he underscored.
The representative of Israel said it is “astonishing” that delegations cannot condemn or at least recognize the horrors that the Jewish people endured, “even though the violence is staring them in the face”. Palestine’s delegate not only avoids condemning Hamas’ crimes, but continues spreading lies, including “fake news” that the Israel Defense Forces targeted a hospital in Gaza. Noting that, even during statements on the rule of law, that delegation and its supporters “only talked about Israel”, he questioned whether Palestine is taking any responsibility or is considering anything that should be improved going forward. Israel takes pride in its commitment to upholding the rule of law and serving as a vibrant democracy in the Middle East, he said, underscoring that there is “no room for comparison between Israel and Hamas”. Moreover, he stressed that the situation is not too complex, noting: “There is a pure good and a pure evil, and the pure good will prevail.”
The observer for the State of Palestine said that the tragedy of living under Israel’s oppression for 75 years is that Palestinians tend to date their history with Israeli massacres. She recalled that, after the bombing of a United Nations school in Gaza, UN investigators noted that the credibility of Israel’s position was damaged by a series of inconsistencies and factual inaccuracies. In May 2022, Israel assassinated Palestinian journalist Shireen Abu Akleh and spent four months lying, until its army representative admitted to the whole world that they killed her. “Instead of choosing rule of law and accountability, after every massacre, they deny, fabricate and spread lies,” she stressed. Perhaps nothing articulates Israel’s lack of credibility more than an article titled: “It Was You, The Reader Who Blew Up Hospital”. “We know our history, the world knows our murderers,” she said, underscoring that fabrications will not hide Israel’s crimes.
The representative of Israel reiterated that just because the Palestinians echo their lies, it does not make them true. This proves that everything they said in the Sixth Committee must be taken suspiciously. “Please, do not blindly follow their inflated numbers, their cheap manipulation and their false propaganda,” he said.
The observer for the State of Palestine, responding, said: “Our whole life is evidence.”
Responsibility of International Organizations
Before the Sixth Committee were the reports of the Secretary-General on the responsibility of international organizations (documents A/78/135 and A/78/83).
SIMONA POPAN, representative of the European Union, in its capacity as observer, said that the bloc is an international organization that qualifies as a special case in line with the jurisprudence of the international adjudication mechanism. Noting that the Union’s member States have transferred to it their competency and decision-making authority on a number of subject matters, she pointed to the European Union’s specific legal order. Under certain conditions, its treaties and legislation enjoy direct effect — thus, creating rights for individuals — and are directly applicable in its member States. As well, it enjoys supremacy over its member States’ national laws. In addition, she noted that international obligations and responsibilities between an international organization and its member States are allocated according to specific rules of that organization and are not necessarily shared with member States.
To this end, the European Union may bear sole responsibility for its member State’s actions when that country is implementing the Union’ legislation in the areas of the bloc’s competence, she continued. Noting that the draft articles include a provision on lex specialis, she said that such special rules may be contained in the rules of the organization applicable to the relations between this organization and its members. Conforming to these rules, the conduct of the European Union member State may be attributed to the bloc when that country acts in the execution of the Union’s law. Therefore, the question of the rapprochement of obligations and responsibilities should be clearly distinguished from the attribution of conduct, she asserted.
VIRPI LAUKKANEN (Finland), also speaking for Denmark, Iceland, Norway and Sweden, thanked the International Law Commission for finalizing the draft articles in 2011 and the Secretariat for compiling State comments and the decisions of international courts and tribunals referring to the same. Noting that the Committee is requested to revisit the question of the form that might be given to the Commission’s work, she expressed support for the articles, which already constitute a useful tool for practitioners and scholars. “We see no immediate need for action on their basis,” she said. Rather, it would be premature at this point to embark on the elaboration of a convention based on the articles. She pointed out that this is the predominant position among other Governments and international organizations that have submitted written comments presented in the Secretary-General’s report.
She further noted that States and international organizations have submitted very limited information on practice regarding the articles. The scarcity of relevant, consistent practice underpinning the articles “represents one of the main reasons why we find it premature to negotiate a treaty” based on them, she said, adding that the Commission pointed out this difficulty in its commentary. Emphasizing that the articles should “crystalize through the practice of States and tribunals”, she welcomed the report’s compilation of the decisions taken by international courts, tribunals and other bodies. However, it appears from such compilation that relevant practice is not accumulating quickly, and that little significant practice has emerged since the General Assembly took note of the articles at its sixty-sixth session in 2014. Nevertheless, she said that updating the compilation is “likely to prove helpful as an overview of this complex subject”.
NATHANIEL KHNG (Singapore) said his delegation does not support the elaboration of a convention on the basis of the draft articles on this topic. The draft articles, taken as a whole, do not embody consensus views on the law relating to the responsibility of international organisations. Further, the two additional 2023 reports prepared by the Secretary-General do not suggest that there has been any material change in the overall view on the question of the form that might be given to the draft articles since the Sixth Committee last considered this topic in 2020, nor do the reports show that the draft articles have been cited as a reflection of existing law by courts and tribunals. Also noting the lack of consensus regarding a convention based on the similar articles on responsibility of States, he said it would not be appropriate to elaborate a convention based on the draft articles on responsibility of international organizations.
ELIZABETH MARYANNE GROSSO (United States) noted that the limited development and infrequent references to the draft articles between 2019 and 2022 reaffirms that it is not appropriate to take further action on them. Many of the rules contained therein fall into the category of the progressive development rather than the codification of international law. The provisions do not reflect the current law in that area to the same degree as those on State responsibility. Principles contained in some of the draft articles, such as those addressing countermeasures and self-defence, likely do not apply to international organizations in the same way they do to States. Given that reality, as well as significant differences that remain regarding which principles should govern the area and how they should operate, she said that the draft articles should not be transformed into a convention. She further recommended the Sixth Committee to consider closing this agenda item.
WIETEKE ELISABETH CHRISTINA THEEUWEN (Netherlands) said that, while she is grateful to the Commission’s work on this topic, it is premature to move into a direction that would lead to negotiations on a convention on the responsibility of international organizations. There is currently not enough relevant practice of States and international organizations concerning the draft articles to start such negotiations. In addition, the consolidation of these draft articles, before any consolidation of the draft articles on the responsibility of States for internationally wrongful acts, would not be preferable. She noted that the current draft articles do not, at least not sufficiently, address the settlement of disputes of a private law character, brought against international organizations by natural and legal persons. Her delegation welcomes the Commission’s consideration of this topic and would like to await the outcome of its work before further considering the present topic on the responsibility of international organizations, she said.
PAVEL EVSEENKO (Belarus), pointing to heightened confrontations in international relations, said that multilateral cooperation between States — with the support of universal international organizations — is a key building block in addressing global challenges. Recognizing that international organizations have a legal personality, he observed that if they break their obligation or perform wrongful acts, they should bear responsibilities for the consequences. To that end, regulating potentially negative ramifications might incentivize these organizations to take thorough, balanced decisions. Further, the draft articles are a step forward to regulating the compensation offered by such entities to an injured party as a result of their wrongful conduct. However, international organizations must be neutral and fair vis-à-vis all members of the international community, he stressed, adding: “Fairness is not a relative category. It is a bedrock of mutual trust that helps to bring together the international community.” Noting that economic and political currents might change, as may international organizations’ interests, he underlined that the level of trust in these entities is a direct reflection of their standing and credibility.
SERGIO AMARAL ALVES DE CARVALHO (Portugal) reiterated his delegation’s position that the draft articles on the responsibility of international organizations are a “logical counterpart” to those on the responsibility of States for internationally wrongful acts. Therefore, calling for a diplomatic conference to consider the adoption of a convention based on international organizations’ responsibilities without further developments on States’ responsibilities “is not reasonable”, he said. Member States and the General Assembly have a duty to contribute towards strengthening these two sets of draft articles on international responsibility. This duty is due to the mandate, under the Charter of the United Nations, to encourage the codification and progressive development of international law. It is also due to the fact that the two sets of draft articles represent over 60 years of work by the International Law Commission, as well as the need to prevent further jurisprudential fragmentation in domestic courts and tribunals in matters relating to the law on State responsibility.
BAHRAM HEIDARY (Iran) said that the draft articles and their commentaries represent another major step to address that lacuna. Despite the diversity of international organizations, the draft articles have not only provided appropriate responses to the legal issues concerned, but also serve as a reference text to guide the practice of States and international organizations. Nevertheless, given the distinct nature of international organizations, it seems doubtful whether the responsibility of the State in certain aspects — including self-defence, subsidiary and joint responsibility, necessity and countermeasures — is attributable to international organizations. When they fail to comply with an obligation to respect international law, the brunt of responsibility should be borne by its members in view of their role in decision-making. Pointing to the increasingly exceeding authority and jurisdiction of international organizations in areas outside of their mandate, he said that it is high time to reach an agreement on a convention on their responsibility.
Mr. DELGADO FERNANDEZ (Mexico) said it is essential to have clear rules on responsibility and accountability, including issues such as attribution and possible reparations. In addition to the value of the draft articles as doctrine, and in some cases as customary rules, their adoption as an international treaty would give legal certainty to this regime. He repeated his proposal to generate a Sixth Committee working paper to serve as a starting point for discussions in subsequent sessions and produce more focused discussions. This document should reflect areas of disagreement among delegations and bring the delegates’ positions closer together and let them move forward at a substantive level. He reiterated Mexico's position of addressing, with equal seriousness, all the outputs adopted by the Commission that are under the Sixth Committee’s consideration. It is necessary to break the cycles of inaction that have characterized these discussions, he stressed, adding that it would also contribute to strengthening the relationship between the Commission and the Sixth Committee.
JONATHAN HOLLIS (United Kingdom), noting that his delegation’s position on this topic has not changed, pointed to the limited availability of pertinent practice. The latest reports of the Secretary-General indicate little has changed in this respect. Noting that the International Law Commission highlighted that the draft articles moved the border between codification and progressive development more towards the latter, he said there are diverging views on the extent to which they reflect customary international law. It is unlikely that opening up the drafts for negotiation would lead to sufficient consensus for the adoption of a convention, he said adding that they should remain in their current form.
STEPHANIE BOTERO (Colombia), noting that her country has a large presence of international organizations on its territory carrying out various activities and cooperating with the State in different areas, said that the responsibility of international organizations should be regulated. The draft articles serve as a counterpart or a contribution to the responsibility of States for internationally wrongful acts, she said, adding that the International Law Commission’s output in this regard represents work that has taken more than 60 years to complete. However, collective inaction would lead to a setback in the codification of the progressive development of international responsibility law, she emphasized, noting that the General Assembly should advance towards negotiating a convention based on the draft articles. If the Sixth Committee continues to address the Commission’s product as “isolated”, this could have an adverse effect on the Committee’s work, she warned, encouraging the Committee to revise its working methods.
HUSSEIN OSSAMA HUSSEIN ABDELRHMAN ROSHDY (Egypt), emphasizing that international organizations lead international cooperation, took note of the comments from Governments and such organizations on this item. In light of diverging opinions expressed on the draft articles during previous sessions — and the legal, objective complications arising from this topic — he called for continued discussion in the Committee in order to reach consensus. Recalling comments made by his delegation during the sixty-sixth session of the General Assembly, he underlined the need to decide on the difference between the responsibility of organizations and that of their member States. Further, he reaffirmed that — “at this very sensitive juncture in the Middle East” — the greatest responsibilities of international organizations are to peacefully settle conflicts, end violence and achieve peoples’ aspirations for freedom and justice.
Mr. MORA (Cuba) noted that the draft articles contribute to the progressive development of international law. They are innovative, complex, introduce new criteria and appropriately reflect international law, including the principle of responsibility, despite difficulties caused by the great multiplicity of international organizations. The Vienna Convention on the Law of Treaties should be the guide for any legal progress in this area. The reference to harm is an essential element in defining internationally wrongful acts by such organizations, as this defines the obligation to pay reparations or provide safeguards for non-repetition towards the harmed subject. In the case of collective countermeasures, a reference to the collective security system as stipulated by the Charter of the United Nations should be included. This is fundamental for developing countries that have been victims of resolving conflicts by force, he said, also expressing support for negotiating a legally binding treaty based on the draft articles.
ZACHARIE SERGE RAOUL NYANID (Cameroon) said his delegation is grateful for the Commission’s work, which highlights the fundamental differences between countries, particularly on the draft articles, which the General Assembly noted in resolution 75/143. International responsibility is the instrument that gives a subject of international law the opportunity to take legal action to answer for his or her actions. It can also help a subject obtain compensation when he or she is the victim of an injury attributable to another subject of international law. Observing that some efforts to codify international law are at a standstill, he called for rigour and precision when applying the draft articles. He also noted that he is disquieted by the growing number of paragraphs and articles that speak to the same issue and suggested that the Commission focus on the issue of succession of international organizations. It should further consider the balance of the practices of States and the practices of international organizations, he added.
LIGIA LORENA FLORES SOTO (El Salvador), recognizing that international organizations are subjects of international law, said that the jurisprudence of the Constitutional Chamber of the Supreme Court of Justice of El Salvador has recognized specific aspects and characteristics of international organizations in the way they exercise their legal personality. It recognizes that States have a greater level of interaction with other States and with other subjects of international law, that have gained prominence, due to multilateral relations, she noted, adding that treaties can be made not only by States but by such organizations. She further observed that the draft articles are the work of the progressive development and codification of international law, underlining that while some articles are based on limited practice of States, they should be considered as progressive development. To this end, she suggested the possibility of providing a guide for States on this matter, emphasizing that this item should remain on the Sixth Committee’s agenda to follow up on the consolidation of practice to that end.
ESTELA MERCEDES NZE MANSOGO (Equatorial Guinea) thanked the International Law Commission for its efforts to codify and progressively develop international law. The issue of the responsibility of international organizations is not only important in that context but is also relevant because it concerns a subject of international law with legal personality. As such, an international organization can acquire obligations in its relations with States, and its actions or omissions can lead to legal consequences as a result of a failure to comply with international law. However, while discussions should continue in the Committee, it is premature to prepare a convention based on the current draft articles. Rather, Member States should prioritize bringing their positions closer together concerning the draft articles on the responsibility of States for internationally wrongful acts.
BETELIHEM TAYE (Ethiopia) underscored that the subject matter and geography where international organizations operate have increased. In this context, a legal framework at the national, regional and international levels is required, with varying degrees of detail to prevent impunity. Given the provisions of international law on immunity of international organizations, there should also be a framework to ensure accountability for abuse and conducts that fall outside their functional immunity. To prevent misapplication, closure of the legal loophole must be guided by practical considerations, including organizational functional independence. The Commission should revisit the draft articles considering regional intergovernmental organizations and limited membership organizations. They should also be reviewed in a manner that properly separates responsibility of States from that of international organizations. As the judicial power resides with national authorities, the international legal framework should be an instrument outlining substantive and procedural principles, she said.
ANNA V. ANTONOVA (Russian Federation), pointing to the increasing number of cases in which damage caused by international organizations is greater than the damage done by States’ actions, said that the draft articles managed to regulate specific aspects of this issue. Further, pointing to mechanisms with “quasi-prosecutorial” powers — including the Technical Secretariat of the Organisation for the Prohibition of Chemical Weapons (OPCW) and the International, Impartial and Independent Mechanism for Syria, among others — she observed that the conduct of these “illegitimate structures” is indissociable from the UN and might result in the responsibility being placed “squarely” on the Organization. Pointing out that national and international courts are using the draft articles as a guide when handing down judgement, she also said that the adoption of a convention would help to bridge gaps in legal regulation. However, the plenary discussions are highly inappropriate for in-depth discussion of this topic, she stressed, suggesting continuing the deliberations at the Sixth Committee’s resumed session to be held in 2025.
THI PHUONG HA TRAN (Viet Nam) said that, even though both international organizations and States are subjects of international law, they should not be subjected to identical regulations due to their fundamentally distinct legal regimes. Further, international organizations vary significantly in their characteristics, functions and membership. There is, therefore, a degree of uncertainty as to whether principles of State responsibility can be directly applied to such organizations. While certain articles may lead to ambiguity and controversy, she welcomed the Commission’s efforts to create a coherent system of responsibility for both States and international organizations. Because responsibility — as delineated in the draft articles — can enhance accountability for international organizations, the Committee should continue to include this item on its agenda. Urging the Secretariat to keep abreast of relevant developing viewpoints and practices, she said this forms a crucial foundation for ongoing deliberations on, and subsequent consideration of, the draft articles.
Strengthening and Promoting the International Treaty Framework
HAYLEY-ANN MARK (Saint Vincent and the Grenadines), speaking for the Community of Latin American and Caribbean States (CELAC), welcomed the decision of the General Assembly in its resolution 76/120 to amend the regulations that gave effect to Article 102 of the Charter. The amendments modernized the methods for registering treaties and disseminating information on them, including permitting the submission of a certified copy of a treaty in an electronic format without requiring it to be presented in hard copy. They also allowed the monthly statements of treaties to be discontinued, as the information contained therein is already immediately available on the website of the United Nations Treaty Collection. She recalled the important functions of depositaries in keeping custody of the original texts of treaties, preparing certified copies of the original text as well as receiving signatures, instruments, notifications and communications.
Depositaries are required to act impartially, without exercising a substantive control over the submitted acts, she continued. This competency lies exclusively with the State parties. Noting that there is a geographical imbalance in the treaties’ registration, she pointed to the important function of depositaries to register such instruments with the Secretariat of the United Nations in accordance with article 77 of the Vienna Convention. While the authentic texts are promptly made available online, there is currently a significant backlog in the publication of the United Nations Treaty Series due to the limited resources available for translation and publication. These practices could also be modernized, including those pertaining to the dissemination of information on registered treaties. She stressed that to promote multilingualism, depositaries should prepare the texts of treaties in such additional languages as required by the instrument.
ERIK LAURSEN (Denmark), also speaking for Finland, Iceland, Norway and Sweden, said that multilateral treaties depositaries play an important role in the functioning of the international treaty framework and are essential in recording and communicating actions to that end. He pointed out that the countries for which he speaks are depositaries for a number of multilateral treaties, including treaties resulting from their strong historical cooperation. He also underscored that the Secretary-General, who is the depositary of more than 600 multilateral treaties, sets an excellent example for all depositaries, emphasizing that the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties provides important guidance on the depositary practice of the United Nations.
Also welcoming the amendments made in 2018 and 2021 to the regulations giving effect to Article 102 of the Charter, he said that this helped to simplify the treaty registration and publication process and adapted the regulations to the new developments in the registration practice. Highlighting the importance of depositaries in the registration of treaties — as recognized in article 1, paragraph 3 of the regulation — he emphasized that further use of modern electronic methods in the registration and publication process remains an important aspect to consider.
MARTIN JUAN MAINERO (Argentina), also speaking for Austria, Brazil, Italy and Singapore, said that a strong international treaty framework provides critical support for the rule of law and the multilateral system founded on international law. The practice of designating a depositary for multilateral treaties arose due to the increasing number of parties to multilateral agreements. In the past, only States were depositaries; now, organizations have been increasingly entrusted with depositary functions. A depositary is required to act impartially in the performance of its functions, which are related to the reception, formal review, transmission and storage of communications and acts of current or future States parties. Further, a depositary may examine compliance with formal requirements that States must meet regarding a particular act. He stressed, however, that a depositary does not adjudicate on the validity of the acts submitted to it. This competency lies exclusively with States parties.
Highlighting the apolitical role ascribed to depositaries under established international treaty law, he said that they should always be guided by the relevant provisions of the Vienna Convention. The Secretary-General is — by far — the most important depositary of multilateral treaties. Further, through the Office of Legal Affairs, the Secretary-General advises Member States on questions of treaty law and promotes dissemination of UN treaties. Such activities strengthen the international treaty framework. Nonetheless, he expressed regret that workshops on treaty law and practice at the national and regional levels could not be organized since 2016. Inviting States to consider making voluntary contributions to the relevant trust fund, he also encouraged them to discuss ways to mobilize the necessary funds for the Secretariat to update the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties.
NAUSHYN JANAH (New Zealand), also speaking for Australia and Canada, said that good depositary practice serves as an important custodian of the international treaty framework and, in turn, the rules-based international order. Underscoring the integral role of the Vienna Convention on the Law of Treaties in providing certainty and stability in international treaty practice, including with regard to depositary practice, she said that such provisions constitute the starting point for best depositary practice. She further noted the particular the need for every depository to continue to be guided by the duty within article 76(2) of the Vienna Convention to act impartially in discharging its obligations. “This is imperative to ensuring the efficient operation and administration of all multilateral treaties,” she said.
She also noted that New Zealand serves as the depositary for 11 multilateral treaties, Australia serves as the depositary for eight treaties and Canada nine. In discharging depositary functions, she underlined their commitment to the fundamental importance of efficient communication and publication. The prompt provision of depositary notifications to all treaty parties serves to maintain and promote transparency and accuracy in the administration of multilateral treaties. The depositary’s responsibility of registering and publishing each treaty bolsters the accessibility of international law, by contributing to a comprehensive and central source of international treaties that can be readily accessed. Ensuring that all relevant information on the treaty is available online further reduces barriers to access. Pursuing the dual objectives of accessibility and transparency should be “at the heart of our discussions surrounding the best practice of depositaries”, she emphasized.
YONG-ERN NATHANIEL KHNG (Singapore) said this subtopic builds on the Committee’s work in reviewing and amending the regulations to give effect to Article 102 of the Charter, particularly relating to the registration and publication of treaties. The resolutions that were adopted by the General Assembly, after the Committee’s negotiations, reflect some of these best practices. They also include aspirational ones, such as the development of an online treaty registration system to facilitate the submission of treaties for registration. Technology should be leveraged as a force multiplier, he said, also urging that the experience of major depositaries of multilateral treaties, such as the Secretary-General, be drawn upon, considering that the United Nations Treaty Section is the largest depositary of multilateral treaties. Another major depositary for Singapore on a regional basis is the Secretary-General of ASEAN. Through the ASEAN Secretariat, it functions as the depositary for various ASEAN-related multilateral treaties, not just for the treaties involving the 10 ASEAN member States, but also treaties involving external stakeholders, such as the ASEAN Dialogue Partners, he said.
DOROTHY PATTON (United States) welcomed the depositary work of the Secretary-General, including the adoption of an electronic system for depositary communications. The United States, as a depositary for more than 200 multilateral instruments and in 2020, has also moved to such a system. To that end, the United Nations system provided a helpful model. Noting that the electronic dissemination of depositary information is an effective and efficient means of communicating information, she encouraged States serving as depositaries to consider ways in which SUCH systems can contribute to the performance of their depositary functions. Those States should also maintain up-to-date websites that make publicly available the status information for signatories and parties. States that are parties to multilateral treaties could make use of electronic depositary notification systems by subscribing to information about treaty actions. Such systems typically allow States to tailor the information they receive and enable its timely receipt, she said.
FANNY RATHE (Switzerland), noting that her country is a depositary of almost 80 multilateral treaties, said: “The depositary's duties can be summed up in two key words: accessibility and impartiality.” For accessibility, her country registers all treaties, of which it is the depositary, and makes them public on its website along with the original texts and the list of signatories, parties, reservations and declarations. Stressing that depositaries must exercise their functions independently, without compromising individual rights of parties or of entities interested in becoming a party, she noted that the depositary State cannot exercise control over the acts submitted. The examination of the substantive admissibility of reservations to a treaty lies in the exclusive competence of the States parties, she added. To that end, the depositary State must distinguish its role as ‘depositary’ from its position as a State party, she said, noting that it might be useful to entrust the respective tasks to two different organizational units.
PAVEL EVSEENKO (Belarus) said that the Treaty Section’s organization of regular seminars and activities relating to international law and treaty practice — both at Headquarters and at the national and regional levels — contributes to popularizing the international treaty regime. He also welcomed the Secretariat’s efforts to create and improve a database for the registration and deposit of international treaties. The Office of Legal Affairs and the Sixth Committee must ensure custody and dissemination of treaties to the international community to support the multilateral system based on the norms of international law, he emphasized. Timely procedures for the registration and publication of treaties helps to support the implementation of the obligations they contain and to guarantee the stability of the international legal order. He also expressed support for proposals on this topic — including those relating to multilingualism — if they comport with the Vienna Convention.
PABLO ADRIÁN ARROCHA OLABUENAGA (Mexico) said that the establishment of clear procedures, which provide legal certainty and security to the international community, is the basis for the strengthening and promotion of international treaty frameworks. The registration and publication of treaties plays an increasingly crucial role. Technology is a very useful tool to ensure that resources are used more efficiently, and unnecessary delays are avoided, he said, adding: “We must continue to seek synergies and mechanisms which would allow us to respond with the speed required of our time.” Noting that Mexico is a depository of 15 international instruments, he said that, since 2021, an electronic system for processes involving signature notifications as well as the deposit of instruments has been implemented. Furthermore, his country aims to ensure that the electronic registry complies with the expected objective. “Change is the only constant and treaty law is no exception,” he added.
MELINA LITO (United Kingdom) believes that all States benefit from the stability the Vienna Convention affords, including its rules on the status and functions of a depositary. The practice of the world’s largest depositary, the Secretary-General of the United Nations, as reflected by the United Nations Treaty Handbook, also provides valuable guidance. Spotlighting the United Kingdom’s experience as a depositary, she said it is important to operate an efficient depositary service, fit for the twenty-first century. To that end, her country adapted to the deposit of electronic copies of instruments during the COVID‑19 pandemic, with the understating that the original hard copy would follow soon afterwards. The date of the receipt of the electronic copy was taken as that of deposit. This has become its standard operating procedure and it cites this practice on its treaty webpages. Another best practice is maintaining accessible and up-to-date records. The United Kingdom is committed to the transparency of treaty data in depositary processes, she emphasized.
The representative of Colombia noted that her county is a depositary of about a dozen treaties, including those pertaining to the Pacific Alliance and the Caribbean. Given how expensive the work of a depositary could be, she expressed readiness to review any proposals that could accelerate the substantive conditions for registration, provisional application, function of depositary, translation and limited publication policies. Such proposals should, nevertheless, be compatible with the Vienna Convention, preserve multilingualism and involve mechanisms making registration and publication more efficient. Alternatives that would allow the Treaty Section of the Office of Legal Affairs to do more efficient work are welcomed. This would free up resources that the Office could use to, for instance, update the Summary of Practice of the Secretary-General, strengthen the database of the virtual platform and encourage capabilities in treaty law, she said.
AZELA GUERRERO ARUMPAC-MARTE (Philippines) said that in 2022 her country — through the Office of Legal Affairs — deposited seven treaty instruments. In 2023, the Philippines was among the 85 States that took part in the annual treaty event, “Towards Universal Participation in Multilateral Environmental Agreements for a Healthy Planet” and signed the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction. She underlined that ASEAN’s legal practice is 90 per cent similar to the UN with the 10 per cent being a distinct practice related to its external legal instruments, where the Association is the depositary, including its free trade agreements. To this end, the ASEAN Secretary-General notifies its member States of each deposit, prepares the instrument of accession, produces the certificate of true copy of agreements and sends them to signatory States.
KEKE MANTSHO ANNASTACIA MOTSEPE (South Africa), noting that her country is the depositary for a multilateral treaty, welcomed the recognition of the significant role played by depositaries in the registration — and, to a certain extent, the publication — of treaties. She also acknowledged the Secretary-General’s efforts to develop and enhance the UN’s electronic treaty database, which will enable the public to access up-to-date information online regarding published treaties and international agreements. The concerning backlog relating to the publication of treaties can be eliminated by taking advantage of recent technological advances, she added. Further, allowing the Secretariat to decide whether to publish, in extenso, multilateral agreements that are to be published by their depositaries will assist in reducing such backlog and freeing resources that could be used elsewhere. She also expressed support for an online treaty registration system to facilitate the submission of treaties for registration and called for the organization of Treaty Section workshops specialized for depositaries.
Mr. MORA (Cuba), associating himself with the Community of Latin American and Caribbean States, said that treaties are the main source of international law and a cornerstone of a norm based international relations system. “International treaties are a very important tool in international relations and the maintenance of international peace and security as well as in strengthening the rule of law,” he added. United Nations bodies, in particular the Sixth Committee, have played an important role in strengthening and promoting the international treaty framework. Moreover, the use electronic resources could contribute to overcoming various shortcomings in regard to the publication of treaties or practices. “We feel it is relevant to continue to work on updating current regulations governing treaty registration in order to incorporate the latest technological progress as well as the most recent practices in this area,” he said.
ZHAO YANRUI (China) said international treaties are the most important source of international law and play a vital role in its development, as well as in the stability of the international order. In that regard, the Chinese Government serves as a depository of multilateral treaties and is committed to fulfil its duties as a depository and exchange information. Before 2016, the United Nations Treaty Section held workshops on treaty law and practices at Headquarters and in other regions. These sessions played an important role in building the treaty management capacity of various countries, she said, calling for the resumption of these workshops. As well, multiple languages are a core value of the United Nations, yet many treaties deposited with the Secretary-General or United Nations agencies serving as depositaries still do not have authoritative Chinese translations, she pointed out, urging the Secretary-General and specialized agencies to promote authoritative Chinese translations of treaties.
LIGIA LORENA FLORES SOTO (El Salvador) emphasized that, to guarantee legal order, it is crucial for international treaties and agreements to be processed, registered and published with due procedure and quickly to provide legal certainty. The amendments approved by the General Assembly made it possible to modernize the working methods on the registration and publication of international treaties. Yet, it is necessary to consider other initiatives towards modernization and better use of new technologies in this area, she said, welcoming the suggestion made by the General Assembly in its resolution 76/120 that the Secretary-General develops an online treaty registration system to facilitate the submission of treaties as an additional option to existing forms of submission in electronic or printed format. Noting that courses and workshops on treaty law present an opportunity to build capacities of States, she advocated for fostering greater awareness of this matter as well as relevant practices.
NUR AZURA ABD KARIM (Malaysia), noting that the registration of treaties or international agreements should be encouraged but not obligatory, said that the Secretariat’s duties are, among others, to register and publish the treaties and international instruments in the original language — or languages — followed by a translation into English and French. Meanwhile, Member States are required to provide the certified copy of a treaty or an international agreement and, where available, courtesy translation into any of the UN’s official languages. Due to the Secretariat’s challenges in dealing with its backlog registering and publishing treaties and international agreements, as well as Member States’ shortage of resources, it would be beneficial to reconsider translation requirements into both English and French, she said. This consideration would ensure equal respect to all UN official languages and would help to reduce the Secretariat’s backlog, she added.
ELISA DE RAES (Belgium) reported that, as her country is the depositary for many multilateral treaties, it is bound to implement treaty law as codified by the Vienna Convention, including ensuring the custody and management of original treaty texts, receiving signatures and providing information relating to accession and ratification. Belgium also registers treaties with the Secretary-General, updates lists of States parties and publishes relevant data on the website of its Ministry of Foreign Affairs. She then further detailed the subject matter of treaties for which Belgium serves as depositary, including those relating to rail transport between Belgium, the United Kingdom and France; boarding, assistance and rescues at sea; and those concluded in the context of the regional union between Belgium, Luxembourg and the Netherlands. She also reported that her country was recently designated as depositary for the Ljubljana–The Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes and other International Crimes.
The representative of Nigeria commended the Secretariat for its efforts in ensuring that treaty registration and publication remains inclusive, transparent and accessible to all. While Member States have divergent views on registration and publication processes, she urged Member States to consider the possibility of introducing the electronic online registration of treaties. On the rule of depositories, an in-depth discussion amongst States is crucial. The registration of treaties should be encouraged in line with the Vienna Convention, she said, welcoming the publication policy on the translation of treaties. “Let us be mindful not to create new obligations for Member States,” she added. Simplified procedures are key. Noting a wide geographical disparity stemming from a lack of sufficient resources, she underscored the importance of technical assistance, especially to developing States, to enable them to meet their international law obligations.
ZACHARIE SERGE RAOUL NYANID (Cameroon) said this discussion aims to create optimal treaty practices for countries to follow, including technology’s use in treaty registration practices. More attention should be paid to the difficulty developing countries face in registering and documenting treaties. He supported the holding of workshops on treaty law and practices, which would help strengthen the treaty regime for all Member States. While supporting all effective and less costly means to disseminate international law, he warned against the risks of cyberspace and advocated for a hybrid approach. It is necessary to preserve the integrity of treaty instruments and going paperless can create serious security problems. The risks must be analysed as documents are processed and archived online, he stressed, adding that data integrity is crucial. Further, appropriate measures must counter the illicit modification of signed documents. Also stressing the importance of multilingualism at the United Nations, he said treaties should be published in the six official UN languages so as to remain accessible to all.