UN Chronicle: Issue 4, 2000: Sixth Committee: Saying No to Terrorism

Despite what Sixth Committee Chairman Marco Politi of Italy described as a "very intense debate" conducted during the height of the situation in the Middle East in September, the Committee's work was an unqualified success. It recommended 14 resolutions and 2 decisions to the General Assembly, all of which, with the exception of a resolution on terrorism, were approved without a vote.

In an interview with the Chronicle, Chairman Politi stressed that the atmosphere had been cooperative. There had been intense discussion on the resolution on measures to eliminate international terrorism, which focused on the traditionally controversial question of distinguishing between the act of terrorism and the struggle for self-determination. Although a consensus was not reached, the resolution was adopted by the Assembly by a recorded vote of 151 to none, with 2 abstentions (Lebanon, Syria).

Both countries, in explanation before the vote, reaffirmed their condemnation of terrorism in all its forms and manifestations, but stressed the need to distinguish between criminal terrorist acts and acts of people fighting against foreign occupation and for self-determination, which Syria's representative said was "recognized under the United Nations Charter and international law". Lebanon said "it was the inalienable right of peoples to restore their independence and sovereignty".

Citing persistent worldwide acts of terrorism, the Assembly strongly condemned them as criminal and unjustifiable, irrespective of where they were committed and by whom. It also decided that its Ad Hoc Committee on Terrorism, established in 1996, should continue work on the comprehensive convention on international terrorism and on the draft international convention on acts of nuclear terrorism. So far, the Ad Hoc Committee has been able to finalize two conventions: for the Suppression of Terrorist Bombings and for the Suppression of Financing for Terrorism.

During the Committee debate, delegates observed that terrorism had become "globalized" and said there was a need to look at such issues as the "safe haven" that was given to terrorists by third countries, the legal definition of "terrorism", and whether the scope of a comprehensive convention should include acts by armed forces.

A working group of the Committee has been elaborating a draft comprehensive convention on international terrorism based on a text submitted by India. In response to those troubled by the draft convention's relationship to existing conventions dealing with specific international terrorism issues, Narinder Singh, legal advisor at the Permanent Mission of India to the United Nations, told the Chronicle that the draft had no intention of overriding or superseding those conventions. "To the extent that positive developments could be applied to those earlier conventions, then we would like to have them applied", he said, mentioning that some delegates were concerned that provisions in the draft comprehensive convention which do not exist in earlier conventions would amount to an amendment to those conventions.

Two other achievements in the Sixth Committee highlighted by the Chairman were the amendment of the Statute of the Administrative Tribunal of the United Nations to enhance the Tribunal's judicial character and standing, and the adoption of a declaration on the nationality of natural persons in relation to the succession of States. The Assembly amended that Statute to replace some provisions relating to the qualifications of the Tribunal's members and term of office, and introduced an article by which a significant question of law could be referred for consideration by the whole seven-member Tribunal. The amendment took effect on 1 January 2001.

In 1999, the International Law Commission adopted final draft articles on the nationality of natural persons in relation to the succession of States, and recommended that the General Assembly adopt them in the form of a declaration. A key provision states that every individual who on the date of the succession of the States had the nationality of the predecessor State, irrespective of its mode of acquisition, has the right to the nationality of at least one of the States concerned. The intent of the stipulation is to prevent statelessness.

As the 31 December 2000 deadline for signing the International Criminal Court Statute—commonly referred to as the Rome Statute—loomed, the Sixth Committee discussed the report of the Preparatory Commission for the International Criminal Court. The report covered the results of the Commission's 12 to 30 June 2000 session, during which the body adopted by consensus the Rules of Procedure and Evidence for the Court, as well as a text on the Elements of Crimes listed in the Statute as being under the Court's jurisdiction.

The International Criminal Court, which is to be a permanent judicial body with jurisdiction over genocide, war crimes and crimes against humanity committed by individuals, will become operational once, the Rome Statute establishing it, receives 60 ratifications. The Statute was originally opened for signature in July 1998 after intense negotiations and judicious compromises to reach widespread agreement. Despite lingering concerns over the jurisdiction of the Court, 139 States met the year-end deadline to sign the Statute and 27 countries have ratified it. Secretary-General Kofi Annan said in a statement that he greatly appreciated the fact that so many Members, in particular the United States, took the decision to sign the Statute.

"The Governments that have made this enlightened move clearly understand that the Court represents no threat to States with an organized criminal justice system. On the contrary, it is designed only to protect those most vulnerable people whose own government, if they have one, is unable or unwilling to prosecute those who violate their most fundamental human rights," said the Secretary-General.

The Assembly asked that the Preparatory Commission meet for two more sessions in 2001 to continue working on the remaining arrangements for the Court to function effectively. Phakiso Mochochoko, Counsellor at the Permanent Mission of Lesotho, and the Coordinator of the Working Group on Privileges and Immunities of the Court, told the Chronicle that discussions on the issue had been going well. He argued that "the fear that the prosecutor would prosecute 'wily-nilly' is unfounded because safeguards are already in place." What was important, he said, was the Court's integrity and effectiveness as a deterrent.

Meanwhile, in his statement to the Sixth Committee, Judge Gilbert Guillaume, President of the International Court of Justice, warned of the dangers of legal fragmentation and inconsistency within the case law as a result of the proliferation of international courts. Although the increase in judicial bodies was a response to the need to subject the expanding inter-State relations and cross-frontier transactions to the rule of law, the unfortunate consequences were the risk of overlapping jurisdictions which, the Judge said, could lead to "forum shopping" and the rendering of conflicting judgements. He suggested that before creating a new court, it should be determined whether an existing body could serve the purpose. In addition, relations between the courts needed to be institutionalized and judges should engage in constant inter-judicial dialogue.

Another resolution dealt with the increase of State involvement in commercial activities. It was the context in which the Assembly established an ad hoc committee, which is to meet for two weeks in March 2002, to continue work on a draft convention on jurisdictional immunities of States and their property.

Asked to describe the development of the work of the Sixth Committee over time, Chairman Politi, who is leaving the Permanent Mission of Italy after eight years in New York, said "people realize that we need to have a results-oriented attitude, so there is an effort to make it more productive and focused. At the same time there is a tradition to try to have consensus on all resolutions."

Comments