General Assembly Session 61 meeting 56

The President

Members will recall that the Assembly held its debate on this agenda item at its 26th and 27th plenary meetings on 9 October 2006.

I give the floor to the representative of the Netherlands to introduce draft resolution A/61/L.21

Mr. Majoor (Netherlands)

I have the honour to introduce this morning the draft resolution entitled "Report of the International Criminal Court".

In addition to the list of countries contained in document A/61/L.21, the following countries have indicated their wish to be included as sponsors: Antigua and Barbuda, Burundi, Cambodia, the Central African Republic, the Comoros, the Congo, Costa Rica, Djibouti, Dominica, Gabon, the Gambia, Haiti, Jamaica, Liberia, Madagascar, the Marshall Islands, Montenegro, Panama, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Tajikistan, Timor Leste, Uganda and Zambia. That brings the total number of sponsors of the draft resolution to 103.

On 9 October, the President of the International Criminal Court presented the second annual report of the International Criminal Court to this body. We had a very constructive and in depth debate then, and I do not want to repeat that discussion here today. Allow me, however, to highlight a few elements.

The establishment of the Court was the most significant development in recent years in our long and ongoing struggle to eradicate impunity. There can be no lasting peace without justice, and justice and peace are thus complementary requirements. In that regard, we will continue to strive for universal adherence to the Rome Statute of the International Criminal Court. We are therefore very pleased to welcome the countries that have recently become parties to the Rome Statute.

The annual report of the Court clearly demonstrates that the International Criminal Court is now fully operational. The judicial phase of its operations has started, involving both operations in the field as well as courtroom proceedings against the first accused to be tried. We are pleased that the Court has recently established a liaison office at the United Nations here in New York, which we hope will enhance the relationship between the two organizations and facilitate communication.

The International Criminal Court's report, as well as the debate in the General Assembly a few weeks ago, underlined the important role the International Criminal Court plays in our common multilateral system, which aims to end impunity and to establish the rule of law, to promote and encourage respect for human rights, and to restore and maintain international peace and security. The assistance given by the Court to the Special Court for Sierra Leone and the collaboration in the framework of the International Independent Investigation Commission are proof of that.

The President of the International Criminal Court, in his address to the General Assembly a few weeks ago, stressed the fact that cooperation between the Court and the United Nations and cooperation by States and international and regional organizations are fundamental to an effective and efficient functioning Court, especially in relation to the arrest and surrender of accused persons, the provision of evidence, the relocation of witnesses and the enforcement of sentences. We call on all States to support the Court's efforts in that regard. The continuous support of civil society deserves to be mentioned as well.

The draft resolution before us today serves three main objectives. First, it provides political support for the International Criminal Court as an organization, for its aims, as well as for the work it carries out.

Secondly, it underlines the importance of the relationship between the International Criminal Court and the United Nations, which the two organizations continue to build on the basis of the Relationship Agreement.

Lastly, it serves to remind States and international regional organizations of the need to cooperate with the International Criminal Court in carrying out its tasks.

The Netherlands hopes that the adoption of this draft resolution today will lead to even greater support for the International Criminal Court in its fight against impunity and its attempt to hold those accused of very serious crimes accountable for their actions.

The President

We shall now proceed to consider draft resolution A/61/L.21. In connection with that draft resolution, I give the floor to the representative of the Secretariat.

Mr. Botnaru (Chief, General Assembly Affairs Branch)

In connection with draft resolution A/61/L.21, I wish to inform the General Assembly that by the terms of operative paragraphs 7 and 13 of the draft resolution, the General Assembly would emphasize the importance of the full implementation of the Relationship Agreement between the United Nations and the International Criminal Court, which forms a framework for close cooperation between the two organizations and for consultation on matters of mutual interest pursuant to the provisions of that Agreement and in conformity with the respective provisions of the Charter of the United Nations and the Rome Statute, as well as the need for comprehensive information from the Secretary-General with respect to steps taken in the implementation of the Relationship Agreement and would take note of the decision of the Assembly of States Parties to the Rome Statute of the International Criminal Court at its fourth session to hold its sixth session in New York in 2007, while recalling that, according to article 112, paragraph 6, of the Rome Statute, the Assembly of States Parties shall meet at the seat of the Court or at United Nations Headquarters, and would request the Secretary-General to provide the necessary services and facilities in accordance with the Relationship Agreement and General Assembly resolution 58/318 of 13 September 2004.

In accordance with the decision of the General Assembly contained in resolution 58/318, all expenses resulting from the provision of services, facilities, cooperation and any other support rendered to the International Criminal Court or the Assembly of States Parties to the Rome Statute of the International Criminal Court, including under any arrangements that may be otherwise agreed under article 10 of the Relationship Agreement that may accrue to the United Nations as a result of the implementation of the Relationship Agreement, shall be paid in full to the Organization.

According to Article 10 of the Relationship Agreement just referred to,

"[t]he United Nations agrees that, upon the request of the Court, it shall, subject to availability, provide on a reimbursable basis, or as otherwise agreed, for the purposes of the Court such facilities and services as may be required, including for the meetings of the Assembly of States Parties..., its Bureau or subsidiary bodies, including translation and interpretation services, documentation and conference services. When the United Nations is unable to meet the request of the Court, it shall notify the Court accordingly, giving reasonable notice".

Accordingly, under the terms of General Assembly resolution 58/318 and Article 10 of the Relationship Agreement, the implementation of the actions prescribed in the draft resolution, should it be adopted by the General Assembly, would not give rise to any financial implications for the United Nations.

The President

Before giving the floor to the representative of the United States, who wishes to speak in explanation of position before a decision is taken on the draft resolution, allow me to remind delegations that explanations of vote or position are limited to 10 minutes and should be made by delegations from their seats.

Ms. Willson (United States)

The concerns of the United States about the Rome Statute and the International Criminal Court (ICC) are well known. They include the ICC's assertion of jurisdiction over nationals of States not parties to the Rome Statute, including United States nationals, and the lack of adequate oversight of the ICC's activities, including those of the Prosecutor, who may initiate cases without first seeking approval of the Security Council. Accordingly, the United States dissociates itself from consensus on draft resolution A/61/L.21.

Our concerns about the ICC are concerns about means, not about ends. We strongly support, and work actively to advance, international criminal justice and accountability for war crimes, genocide and crimes against humanity. In this regard, we have been leading supporters of the International Criminal Tribunals for the Former Yugoslavia and for Rwanda, and of the Special Court for Sierra Leone. We also accepted the Security Council's decision to refer to the ICC the serious crimes committed in Darfur.

We respect the views of the supporters of the ICC and understand that they would like the ICC to attain universal support. But we disagree with them about whether the ICC, as currently constituted under the Rome Statute, will effectively and appropriately promote those important objectives. As we have done in past years, we again made a good faith effort to work with supporters of the ICC to have this draft resolution include language acknowledging that there are legitimate differences of views among States about the ICC and recognizing the right of States to decide not to become parties to the Rome Statute. Again this year, supporters of the ICC have refused that reasonable request.

Today's draft resolution observes that effective cooperation and assistance by States, the United Nations and other international and regional organizations remains essential for the ICC to carry out its activities. Respecting the positions of all parties is essential to our efforts to find practical ways to work together and ensure accountability.

Today's draft resolution references the Relationship Agreement between the United Nations and the ICC and requests that the United Nations provide services and facilities to the ICC in connection with certain meetings that the ICC plans to hold. We underscore the importance in this regard of paragraph 3 of General Assembly resolution 58/318, which decides that all expenses to the United Nations resulting from the provision of services, facilities, cooperation and any other support to the ICC under the Relationship Agreement shall be paid in full to the United Nations. This requirement that the United Nations must be reimbursed for all such assistance to the ICC must be strictly observed.

We note the request in paragraph 7 of today's draft resolution that the Secretary-General provide comprehensive information with respect to steps taken in the implementation of the Relationship Agreement. In that connection, we call on the Secretary-General to provide clear and timely information to the General Assembly on all assistance provided by the United Nations to the ICC and on the steps taken by the United Nations to secure reimbursement in full for the costs of such assistance, in accordance with resolution 58/318.

The United States will continue to be a leading advocate for international criminal justice and accountability for war crimes, genocide and crimes against humanity. We regret that resolutions like the one to be adopted today hinder, rather than promote, cooperation among States in these efforts.

The President

The Assembly will now take a decision on draft resolution A/61/L.21. May I take it that the Assembly decides to adopt draft resolution A/61/L.21?

The President

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 74?

The President

In connection with agenda item 113, the note by the Secretary-General, circulated as document A/61/383, transmits the report of the World Health Organization on enhancing capacity-building in global public health.

In connection with draft resolution A/61/L.24, I wish to draw the attention of members to a number of corrections, which are now being distributed in the Hall. Those corrections will be incorporated into the final version of the draft resolution.

We shall first proceed to take up draft resolution A/61/L.24. Thereafter, we shall proceed with the joint debate on agenda items 47, 112, 113 and 149.

The President

I am very pleased that the Assembly has before it today a draft resolution on the strengthening of the Economic and Social Council. This document is the result of a long, and at times difficult, process of consultations. We have finally concluded that important process in a spirit of true compromise.

I would like to take this opportunity to thank all delegations for their active and constructive participation in the consultation process on this important matter. In particular, I would like to express my most sincere gratitude to Ambassador Verbeke of Belgium and Ambassador Diarra of Mali for their strong and dedicated leadership in conducting the consultations, and to commend Mr. Ruiz Massieu Aguirre of Mexico for his tireless facilitation.

This draft resolution is an important milestone in realizing the vision set out by our leaders at the 2005 World Summit. The draft resolution, once adopted, will strengthen the role of the Economic and Social Council as a central body for coordination, policy review, policy guidance and recommendations on issues of economic and social development, as well as for the implementation of international development goals. The draft resolution will also be an acknowledgement of the central importance of development as one of the principal pillars of the United Nations.

This draft resolution will enable the Economic and Social Council to launch the annual ministerial review and the Development Cooperation Forum during the 2007 high-level segment of the Council, to be held in Geneva. Beginning in 2008, the Development Cooperation Forum will meet every other year in New York.

The draft resolution will also enable the Council to respond to humanitarian emergencies as and when they occur, by convening ad hoc meetings. That will help to make United Nations humanitarian responses more effective and efficient.

Furthermore, the draft resolution will bring into sharper focus the linkages between the work of the Peacebuilding Commission and the Council's Ad Hoc Advisory Groups on countries emerging from conflict. I am confident that those new functions will put the Council at the centre of global efforts to achieve internationally agreed development goals, including the Millennium Development Goals. That is both a demanding responsibility and a tremendous opportunity for the Council to perform more effectively.

We have worked hard for nearly a year to reach agreement on strengthening of the Economic and Social Council. It is my sincere hope that this draft resolution will be adopted by consensus, so that the Economic and Social Council can carry out its new functions as mandated by our leaders at the 2005 World Summit.

We shall now proceed to consider draft resolution A/61/L.24, as corrected. In connection with the draft resolution, I now give the floor to the representative of the Secretariat.

Mr. Botnaru (Chief, General Assembly Affairs Branch)

I should like to inform members that in connection with draft resolution A/61/L.24, as corrected, entitled "Strengthening of the Economic and Social Council", I wish to put on record the following statement of financial implications, on behalf of the Secretary-General, on the Economic and Social Council as a Charter body, in accordance with rule 153 of the rules of procedure of the General Assembly.

The paragraphs that would give rise to financial implications are operative paragraphs 2, 3, 8, 14, 18 and 19 of the draft resolution.

The conference-servicing implications are as follows.

First, the meeting referred to under subparagraph (a) of paragraph 2 -- the special high-level meeting with the Bretton Woods institutions, the World Trade Organization and the United Nations Conference on Trade and Development -- has already been included in the calendar of conferences and meetings of the United Nations. It is understood that there will be no change to the pattern of the special meeting -- that is, one day, with two fully serviced plenary meetings, one in the morning and one in the afternoon; and four fully serviced round tables, either in the morning or in the afternoon.

Therefore, should the General Assembly adopt subparagraph (a) of operative paragraph 2, no additional resources would be required.

Secondly, the meetings referred to under subparagraph (b) of operative paragraph 2 and in operative paragraphs 3 and 8, that is, the annual high-level policy dialogue with international financial and trade institutions, the biennial high-level Development Cooperation Forum, and the Council's convening of annual ministerial-level substantive reviews, will be held within the framework of the high-level segment of the substantive session of the Economic and Social Council. No additional parallel meetings will be required over and above the existing pattern of meetings. Therefore, should the General Assembly adopt subparagraph (b) of operative paragraph 2 and operative paragraphs 3 and 8, no additional resources would be required.

Thirdly, under subparagraph (c) of operative paragraph 2, on discussions on a theme from the economic, social and related fields; operative paragraph 14 on the need for ad hoc meetings on specific humanitarian emergencies; and operative paragraph 18, on ensuring the provision of full conference services to the Council for all meetings necessary to enable the Council to fulfil its strengthened mandate, it is our understanding that these meetings do not represent an increase over the total number of meetings reserved annually as a practice for the preparatory process of the substantive session of the Economic and Social Council and therefore would not require additional resources.

However, as advance planning is essential in ensuring the satisfactory provision of conference services as well as achieving cost-effectiveness, the exact dates of those meetings will need to be determined by consultations between the substantive secretariat and the Department for General Assembly and Conference Management.

Fourthly, under operative paragraph 19, on the meetings to facilitate the fulfilment of its newly assigned responsibilities for organizing the annual ministerial reviews, as referred to under subparagraph (b) of operative paragraph 2; and the Development Cooperation Forum, as referred to under operative paragraph 3, up to two weeks of meetings, it will be recalled that, in its resolution 60/246, the General Assembly, having considered the report of the Advisory Committee on Administrative and Budgetary Questions, decided that such additional resources as may be necessary be reflected in the relevant performance report for the biennium 2006-2007.

Through advance planning and consultations between the substantive secretariat and the Department for General Assembly and Conference Management, it is anticipated that those meetings can be judiciously scheduled so that they can be accommodated from within existing resources.

The President

I give the floor to the representative of France on a point of order.

Mr. Pic (France)

My delegation wishes to indicate that we would like to reserve the right to provide, in writing, requests to change the French translation of this draft resolution.

The President

The Assembly will now take a decision on draft resolution A/61/L.24, entitled "Strengthening of the Economic and Social Council", as corrected.

May I take it that the Assembly decides to adopt draft resolution A/61/L.24, as corrected?

The President

I shall now call on those representatives wishing to speak in explanation of position on the resolution just adopted. May I remind delegations that explanations of vote are limited to 10 minutes and should be made by delegations from their seats.

Ms. Lintonen (Finland)

A problem occurred in a Python script. Here is the sequence of function calls leading up to the error, in the order they occurred.

<type 'exceptions.UnicodeEncodeError'>: 'ascii' codec can't encode character u'\xed' in position 968: ordinal not in range(128)
      args = ('ascii', u'\n\t<p id="pg006-bk03-pa01">The European Union (EU...our efforts to adapt the work of the Council.</p>', 968, 969, 'ordinal not in range(128)')
      encoding = 'ascii'
      end = 969
      message = ''
      object = u'\n\t<p id="pg006-bk03-pa01">The European Union (EU...our efforts to adapt the work of the Council.</p>'
      reason = 'ordinal not in range(128)'
      start = 968