General Assembly Session 54 meeting 76

The Acting President

This afternoon the General Assembly will consider the reports of the Sixth Committee on agenda items 152, 153 and 155 to 161.

Members will recall that the Assembly considered the report of the Sixth Committee on agenda item 154 at its 55th plenary meeting on 17 November 1999.

I request the Rapporteur of the Sixth Committee, Mr. Josko Klisovic' of Croatia, to introduce in one intervention the reports of the Sixth Committee before the General Assembly.

Mr. Klisovic´ (Croatia)

On 17 November 1999, I had the honour to present to the General Assembly the report of the Sixth Committee on agenda item 154, "United Nations Decade of International Law", which the General Assembly adopted at the plenary meeting dedicated to the closing of the Decade.

I have the honour today to present to the General Assembly the reports of the Sixth Committee on the remaining nine agenda items allocated to it, namely items 152, 153 and 155 to 161.

Concerning agenda item 152, "Convention on jurisdictional immunities of States and their property", the relevant report of the Sixth Committee is contained in document A/54/607, and the draft resolution recommended to the General Assembly for adoption appears in paragraph 11 thereof.

Under the terms of the draft resolution, the General Assembly would, inter alia, decide that the open-ended working group of the Sixth Committee established by resolution 53/98 of 8 December 1998 will continue its work at the fifty-fifth session of the Assembly. It would also invite States to submit their comments on the report of the Working Group of the International Law Commission and would urge those States that have not already done so to submit their comments in accordance with resolution 49/61 of 9 December 1994.

The Sixth Committee adopted the draft resolution without a vote, and I hope that the Assembly will do the same.

I now draw the Assembly's attention to agenda item 153, "United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law". The relevant report of the Sixth Committee is contained in document A/54/608. The draft resolution which the Sixth Committee recommends to the General Assembly for adoption is reproduced in paragraph 8 of the report.

Under the terms of the draft resolution, the General Assembly would, inter alia, approve the guidelines and recommendations contained in the report of the Secretary-General, which provide for the award of a number of international law fellowships and travel grants, both in 2000 and in 2001.

The General Assembly would further request the Secretary-General to continue to provide the necessary resources to the budget for the Programme of Assistance for the next and future bienniums. Additionally, the General Assembly would decide to appoint 25 Member States as members of the Advisory Committee on the Programme of Assistance, for a period of four years beginning on 1 January 2000.

The Sixth Committee adopted the draft resolution under item 153 without a vote, and I hope that the Assembly will be in a position to do the same.

I now turn to agenda item 155, "Report of the International Law Commission on the work of its fifty-first session". The relevant report of the Sixth Committee is contained in document A/54/610, and the draft resolutions recommended to the General Assembly for adoption are to be found in paragraph 11.

By draft resolution I, entitled "Report of the International Law Commission on the work of its fifty-first session", the General Assembly would decide, without prejudice to any future decision, that the next session of the Commission will be held at the United Nations Office at Geneva from 1 May to 9 June and from 10 July to 18 August 2000. It would recommend that the International Law Commission continue its work on the topics in its current programme.

The draft resolution would also reiterate its invitation to Governments to submit comments and observations on the draft articles on the prevention of transboundary damage from hazardous activities under the topic of international liability for injurious consequences arising out of acts not prohibited by international law, and on national legislation, decisions of domestic courts and State practice relevant to diplomatic protection. It would also invite Governments to respond to the questionnaire on unilateral acts of States circulated by the Secretariat.

The draft resolution would furthermore take note of paragraph 608 of the report of the Commission with regard to the procedure to be followed with respect to the topic "International liability for injurious consequences arising out of acts not prohibited by international law" and would request the Commission to resume consideration of the liability aspects of the topic as soon as the second reading of the draft articles on prevention is finalized. It would also take note of the consideration by the Commission of its long-term programme of work and would encourage the Commission to proceed with the selection of new topics and to present possible outlines for new topics in accordance with the wishes and preoccupations of States.

Operative paragraph 10, regarding the split session, was adopted by a vote of 111 in favour and 1 against, with 4 abstentions. The draft resolution as a whole was adopted without a vote. It is hoped that the Assembly, too, will adopt this resolution without a vote.

By draft resolution II, entitled "Nationality of natural persons in relation to the succession of States", the General Assembly would express its appreciation to the International Law Commission for its valuable work on the topic and to the Special Rapporteur and the Chairman of the Working Group for their contribution to that work. It would also decide to include the item in the provisional agenda of its fifty-fifth session, with a view to the consideration of the draft articles and their adoption as a declaration at that session. It would furthermore invite Governments to submit subsequently comments and observations on the question of a convention on nationality of natural persons in relation to the succession of States, with a view to the General Assembly considering the elaboration of such a convention at a future session.

It is hoped that the General Assembly, like the Sixth Committee, will adopt the draft resolution without a vote.

I now turn to agenda item 156, entitled "Report of the United Nations Commission on International Trade Law on the work of its thirty-second session". The Sixth Committee's report on this item is contained in document A/54/611, and the draft resolution recommended for adoption is found in paragraph 8 thereof.

Under the terms of the draft resolution, the General Assembly would commend the Commission for the progress made in its work and reaffirm the mandate of the Commission to coordinate legal activities in this field. It would also reaffirm the importance of the work of the Commission concerned with training and technical assistance and would stress the importance of bringing into effect the conventions emanating from the work of the Commission.

The Sixth Committee adopted the draft resolution without a vote. The Assembly may wish to do so, too.

Let me now turn to agenda item 157, entitled "Report of the Committee on Relations with the Host Country". The report of the Sixth Committee is in document A/53/612, and the draft resolution recommended is in paragraph 8 thereof.

Under the terms of the draft resolution, the Assembly would, inter alia, request the host country to continue to take all measures necessary to prevent any interference with the functioning of missions and express its appreciation for the efforts made by the host country. The Assembly would request the host country to consider removing the travel controls previously imposed on staff of certain missions and staff members of the Secretariat of certain nationalities. It would also request the host country to continue to take steps to resolve the problem relating to the parking of diplomatic vehicles.

The Sixth Committee adopted the draft resolution without a vote. It is hoped that the Assembly will be in a position to do likewise.

I now turn to the report of the Sixth Committee presented under agenda item 158, entitled "Establishment of the International Criminal Court". The report is contained in document A/54/613, and the draft resolution recommended is in paragraph 8.

Under the terms of the draft resolution, the General Assembly would call upon all States to consider signing and ratifying the Rome Statute of the International Criminal Court. The Assembly would also request the Secretary-General to convene the Preparatory Commission, in accordance with resolution F adopted by the Rome Conference, from 13 to 31 March, 12 to 30 June and 27 November to 8 December 2000, to carry out the mandate of that resolution. The Assembly would further request the Secretary-General to invite, as observers to the Preparatory Commission, representatives of organizations and other entities that have received a standing invitation from the General Assembly, pursuant to its relevant resolutions, as well as representatives of interested regional intergovernmental organizations and other interested international bodies. In addition, the Assembly would note that non-governmental organizations may participate in the work of the Preparatory Commission by attending its plenary and its other open meetings, in accordance with the rules of procedure of the Commission.

The Sixth Committee adopted the draft resolution without a vote, and it is hoped that the Assembly will be in a position to do the same.

I now invite the Assembly's attention to agenda item 159, entitled "Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization". The report is contained in document A/54/614, and the three draft resolutions which the Sixth Committee recommends for adoption are reproduced in paragraph 15 thereof.

By draft resolution I, entitled "Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization", the General Assembly would, inter alia, request the Special Committee to continue its consideration of all proposals concerning the question of the maintenance of international peace and security in all its aspects in order to strengthen the role of the United Nations. It would also request the Special Committee to continue to consider, on a priority basis, the question of the implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions imposed under Chapter VII of the Charter. The Assembly would further request the Special Committee to continue its work on the question of the peaceful settlement of disputes between States, to continue to consider proposals concerning the Trusteeship Council and to continue to consider, on a priority basis, ways and means to improve its working methods and enhance its efficiency. It would also commend the Secretary-General for his continued efforts to reduce the backlog in the publication of the Repertory of Practice of United Nations Organs and endorse his efforts to eliminate the backlog in the publication of the Repertoire of the Practice of the Security Council.

By draft resolution II, entitled "Implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions", the General Assembly would, inter alia, renew its invitation to the Security Council to consider the establishment of further mechanisms or procedures for consultations as early as possible under Article 50 of the Charter with third States affected by the application of sanctions under Chapter VII. It would welcome the report of the Secretary-General containing a summary of the deliberations and main findings of the ad hoc expert group meeting on developing a methodology for assessing the consequences incurred by third States as a result of preventive or enforcement measures, and would request the Secretary-General to present to the Assembly his views on the deliberations and main findings, including the recommendations, of the ad hoc expert group. The Assembly would further decide to transmit the report of the Secretary-General to the Economic and Social Council at its substantive session in 2000.

By draft resolution III, entitled "Strengthening of the International Court of Justice", the General Assembly would, inter alia, express its appreciation to the International Court of Justice for the measures adopted to operate an increased workload with maximum efficiency, invite the Court to keep its working methods under review, and invite States that appear before the Court to consider favourably the guidance offered by the Court in the annex to the report of the Secretary-General containing the comments and observations of the Court.

The Sixth Committee adopted these three draft resolutions without a vote. The Assembly may wish to do the same.

I turn now to agenda item 160, entitled "Measures to eliminate international terrorism". The report of the Sixth Committee is contained in document A/54/615. The two draft resolutions recommended to the General Assembly for adoption are reproduced in paragraph 13 of the report.

Under the terms of draft resolution I, entitled "International Convention for the Suppression of the Financing of Terrorism", the General Assembly would adopt the said Convention. It would also request the Secretary-General to open the Convention for signature at United Nations Headquarters in New York and would urge all States to sign and ratify, accept, approve or accede to the Convention.

By draft resolution II, entitled "Measures to eliminate international terrorism", the Assembly would strongly condemn all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomsoever they are committed. Furthermore, the Assembly would decide that the Ad Hoc Committee established by General Assembly resolution 51/210 of 17 December 1996 would continue to elaborate a draft international convention for the suppression of acts of nuclear terrorism with a view to completing that instrument. The Ad Hoc Committee would also address means of further developing a comprehensive legal framework of conventions dealing with international terrorism; this would include considering the elaboration of a comprehensive convention on international terrorism. The Ad Hoc Committee would further address the question of convening a high-level conference under the auspices of the United Nations to formulate a joint organized response of the international community to terrorism.

The Assembly would decide also that the Ad Hoc Committee would meet from 14 to 18 February 2000, devoting appropriate time to the consideration of the outstanding issues relating to the elaboration of a draft international convention for the suppression of acts of nuclear terrorism, and that it would address the question of convening a high-level conference. The Assembly would also decide to continue the work within a working group of the Sixth Committee, from 25 September to 8 October 2000, including beginning consideration with a view to the elaboration of a comprehensive convention on international terrorism within a comprehensive legal framework of conventions dealing with international terrorism. The Assembly would further decide that the Ad Hoc Committee would be convened in 2001 to continue its work.

The Sixth Committee adopted that draft resolution by a vote of 116 in favour to none against, with 3 abstentions.

I turn finally to the report of the Sixth Committee on agenda item 161, entitled "Review of the Statute of the United Nations Administrative Tribunal". That report is contained in document A/54/616, and the draft decision recommended to the General Assembly is set out in paragraph 10 of that report. By the terms of the draft decision, the General Assembly, desiring to review the provisions of the statute, taking note of the proposals made by the delegations of France, Ireland and the United Kingdom, and mindful of the comments made on them by States, would decide to include this item in the provisional agenda of its fifty-fifth session.

The draft decision was adopted by the Sixth Committee without a vote. It is hoped the Assembly too will adopt the draft decision.

That concludes my introduction of the reports of the Sixth Committee. On behalf of the Committee, I wish to express our gratitude to the President of the General Assembly for the guidance and assistance he accorded to the Sixth Committee throughout its work during this session. I also wish to thank the Chairman of the Sixth Committee, Mr. Phakiso Mochochoko, as well as the other members of the Bureau -- His Excellency Ambassador Andrés Franco, Ms. Victoria Hallum and Mr. Hiroshi Kawamura -- for the valuable advice, support and friendship they gave me.

Finally, I wish also to express my gratitude to the Secretary of the Sixth Committee, Mr. Václav Mikulka, and to the other members of the Secretariat staff -- in particular Ms. Sachiko Kuwabara-Yamamoto and Mr. Manuel Rama-Montaldo -- for the invaluable assistance they accorded me throughout the session and in the preparation of the various reports of the Sixth Committee.

The Acting President

If there is no proposal under rule 66 of the rules of procedure, I shall take it that the General Assembly decides not to discuss the reports of the Sixth Committee that are before it today.

The Acting President

Statements will therefore be limited to explanations of vote or position.

The positions of delegations regarding the recommendations of the Sixth Committee have been made clear in the Committee and are reflected in the relevant official records. May I remind members that under paragraph 7 of decision 34/401 the Assembly agreed that

"When the same draft resolution is considered in a Main Committee and in plenary meeting, a delegation should, as far as possible, explain its vote only once, i.e., either in the Committee or in plenary meeting, unless that delegation's vote in plenary meeting is different from its vote in the Committee."

May I also remind delegations that, also in accordance with General Assembly decision 34/401, explanations of vote are limited to 10 minutes and should be made by delegations from their seats.

Before we begin to take action on the recommendations contained in the reports of the Sixth Committee, I should like to advise representatives that we are going to proceed to take decisions in the same manner as was done in the Committee, unless the Secretariat is notified otherwise in advance. This means that where a vote was taken, we will do the same. Also, I should hope that we may proceed to adopt without a vote those recommendations that were adopted without a vote in the Sixth Committee.

I should like to inform members that the report of the Sixth Committee on agenda item 155, entitled "Report of the International Law Commission on the work of its fifty-first session", will be taken up as the last item this afternoon to permit time for the issuance of the report of the Fifth Committee on the programme budget implications of draft resolution I under this item.

The Acting President

The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 11 of its report.

The Sixth Committee adopted the draft resolution without a vote. May I consider that the Assembly wishes to do the same?

The Acting President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 152?

The Acting President

The Assembly will next consider the report of the Sixth Committee on agenda item 153.

I call on the representative of the Solomon Islands for an explanation of vote or position.

Mr. Fruchtbaum (Solomon Islands)

Solomon Islands will join the consensus on this draft resolution. Nevertheless, we sought a programme designed to reach as many people as possible through electronic and print media, schools and adult education. Unfortunately, the funding available is very limited, and the programme is set through the year 2001. My delegation believes that the funding available to the programme will always be very limited as long as its objectives are very limited. While the provision of some international law fellowships and travel grants and assistance to the international law seminars and funds for several law courses are indeed commendable and welcome, it is pitifully little in the face of what needs to be done. If the Member States are truly interested in achieving the widest appreciation of international law, an undertaking my delegation believes is vital for the future of humankind, the United Nations knows how to mobilize its resources and how to generate more.

The Acting President

The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 8 of its report.

The Sixth Committee adopted the draft resolution without a vote. May I consider that the Assembly wishes to do the same?

The Acting President

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 153?

The Acting President

The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 8 of its report.

The Sixth Committee adopted the draft resolution without a vote. May I take it that the Assembly wishes to do likewise?

The Acting President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 156?

The Acting President

The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 8 of its report.

The Sixth Committee adopted the draft resolution without a vote. May I consider that the Assembly wishes to do the same?

The Acting President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 157?

The Acting President

The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 8 of its report.

The draft resolution was adopted by the Sixth Committee without a vote. May I consider that the Assembly wishes to do the same?

The Acting President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 158?

The Acting President

The Assembly will now take a decision on the three draft resolutions recommended by the Sixth Committee in paragraph 15 of its report.

We turn first to draft resolution I, entitled "Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization".

The Sixth Committee adopted draft resolution I without a vote. May I consider that the Assembly wishes to do likewise?

The Acting President

Draft resolution II is entitled "Implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions".

The Sixth Committee adopted draft resolution II without a vote. May I consider that the Assembly wishes to do the same?

The Acting President

Draft resolution III is entitled "Strengthening of the International Court of Justice".

The Sixth Committee adopted draft resolution III without a vote. May I consider that the Assembly wishes to do likewise?

The Acting President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 159?

The Acting President

I give the floor to the representative of Cuba, who wishes to speak in explanation of position before action is taken.

Ms. Álvarez Núñez (Cuba)

The Cuban delegation will support draft resolution II in document A/54/615 in order to reaffirm once again the role of the General Assembly, as the truly universal organ of this Organization, in the adoption of measures to deal with acts of international terrorism.

As always, Cuba condemns all acts, methods and practices of international terrorism in all their forms and manifestations, wherever and by whomever they are committed. This includes terrorism encouraged, financed or tolerated by States themselves. Likewise, Cuba supports all efforts of the United Nations system in the struggle against acts of terrorism. This includes support for the holding of an international conference under the auspices of this Organization in the search for an international legal framework and for cooperation to deal with terrorist activities.

Nonetheless, international terrorism is seldom thoroughly considered, either from the standpoint of its causes or from that of its deepest and most alarming interconnections within societies. In this respect, we believe it necessary to define terrorism in all its forms and manifestations and to establish the necessary distinction between acts of terrorism and the right of peoples to struggle for their self-determination and against domination or foreign occupation.

The Cuban delegation, in supporting draft resolution II in document A/54/615, reaffirms once again the relevance and validity of all the resolutions adopted by this Assembly on the subject of international terrorism.

The Acting President

I call on the representative of Iraq, to speak on a point of order.

Mr. Al-Kadhe (Iraq)

My delegation is taking the floor regarding the draft resolution on measures to eliminate international terrorism because we have several comments on the draft international convention for the suppression of the financing of terrorism.

First and foremost, the draft convention does not contain a definition of terrorism and how it is financed, nor does it contain the question of State-sponsored terrorism. This essentially opens the way for abuses. Nonetheless, because of Iraq's firm opposition to terrorism, a position based on international law and the Charter of the United Nations, Iraq will be associating itself with the consensus on this draft resolution.

The Government of the Republic of Iraq has reservations regarding article 11, paragraph 5, of the draft international convention for the suppression of the financing of terrorism, because many States are bound by regional agreements, established on the basis of specific regional needs, regarding the extradition of criminals.

I would like Iraq's statement and reservations to be reflected in the records of this meeting.

The Acting President

The Assembly will now take a decision on the two draft resolutions recommended by the Sixth Committee in paragraph 13 of its report.

The General Assembly will first turn to draft resolution I, entitled "International Convention for the Suppression of the Financing of Terrorism".

The Sixth Committee adopted draft resolution I without a vote. May I consider that the Assembly wishes to do the same?

The Acting President

Draft resolution II is entitled "Measures to eliminate international terrorism". A recorded vote has been requested.

The Acting President

I shall now call on those representatives who wish to explain their votes or positions.

Mr. Tarabrin (Russia)

The Russian Federation welcomes the adoption of the International Convention for the Suppression of the Financing of Terrorism and considers it an important contribution to the strengthening of the international legal foundation for the struggle against terrorism.

We are somewhat concerned, however, by the fact that the wording of the Convention may enshrine the opportunity for refusal, in certain specific circumstances, to extradite or to afford mutual legal assistance for some offences it covers. The Russian Federation expressed a similar concern at the adoption in 1997 of the International Convention for the Suppression of Terrorist Bombings, a concern which it confirmed in a statement made at the signing of that instrument.

We should like once again to inform the General Assembly of our principled position. The Russian Federation's view is based on the need to apply the provisions of article 15 so as to ensure the impossibility of evading responsibility for offences that are covered by the Convention, without prejudice to the effectiveness of international cooperation on extradition and legal assistance.

Mr. Diab (Lebanon)

My delegation fully and sincerely shares the general feeling of delegations that today's adoption of the International Convention for the Suppression of the Financing of Terrorism in resolution 54/109 is a very important event and a significant achievement. The delegation of Lebanon joined in the consensus on the resolution because we believe that the international community must be encouraged in this effort and in the affirmation of our solidarity with it, in the hope of eliminating terrorism in all its forms. My country's delegation wishes, however, to express the following reservations concerning some of the provisions of the International Convention for the Suppression of the Financing of Terrorism.

First, we have reservations about the fact that the Convention does not define terrorism, which opens the door to different interpretations in accordance with States' political purposes and desires. That could have a pernicious effect on the cooperation required under the Convention.

Secondly, we have reservations about the fact that there are no detailed rules established to guarantee the safety of third parties, especially under paragraph 1 of article 2 of the Convention.

Thirdly, we have reservations concerning paragraph 1 (b) of article 2, which includes offences to be covered under the Convention that are beyond the scope of terroristic offences as defined in one of the treaties listed in the annex. The determination of a type of action, or the context in which it may take place, and the use of that determination to define terrorism against a Government or individuals not taking an active part in the hostilities in a situation of armed conflict would suggest the potential for varying political interpretations when no terrorist act has taken place, especially given the differences between various legal systems.

Fourthly, my delegation also wishes to express its reservations on paragraphs 1 and 2 of article 1; articles 5 and 8; paragraph 2 of article 12; and articles 13 and 18, the wording of which is inconsistent with the laws of banking secrecy in Lebanon.

In conclusion, Lebanon emphasizes that it will work with the international community, in the framework of its existing national rules, to combat terrorism in all its forms and manifestations.

The Acting President

The General Assembly has thus concluded this stage of its consideration of agenda item 160.

The Acting President

The Assembly will now take a decision on the draft decision recommended by the Sixth Committee in paragraph 10 of its report.

The Sixth Committee adopted the draft decision, entitled "Review of the Statute of the United Nations Administrative Tribunal", without a vote.

May I consider that the Assembly wishes to do the same?

The Acting President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 161?

The Acting President

The Assembly will now take a decision on draft resolutions I and II recommended by the Sixth Committee in paragraph 11 of its report.

Draft resolution I is entitled "Report of the International Law Commission on the work of its fifty-first session". The report of the Fifth Committee on the programme budget implications of draft resolution I is contained in document A/54/658.

I have been informed that no separate vote has been requested on operative paragraph 10 of draft resolution I.

The Assembly will therefore take a decision on draft resolution I. The Sixth Committee adopted draft resolution I without a vote. May I consider that the Assembly wishes to do the same?

The Acting President

The Assembly will now take a decision on draft resolution II, entitled "Nationality of natural persons in relation to the succession of States".

The Sixth Committee adopted draft resolution II without a vote. May I consider that the Assembly wishes to do likewise?

The Acting President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 155?

The Acting President

The Assembly has thus concluded its consideration of all the reports of the Sixth Committee before it.