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26 October 1999

At this morning's plenary meeting, the General Assembly will, after hearing 13 speakers, take note of the report of the International Court of Justice (A/54/4), covering the period from 1 August 1998 to 31 July 1999.

Introducing the Court's report, its President, Judge Stephen M. Schwebel, said that "from the judicial perspective of The Hague, the century that is about to close is a century of great achievement and profound loss, of extraordinary scientific and technological advance and of atavistic reversion to barbarism. The horrors of two World Wars and too many other wars; the organized bestialities of the Holocaust whose obsessive scale gave rise to this General Assembly's interdiction of the crime of genocide; the purposeful and pervasive atrocities of Cambodia and Rwanda, and of Bosnia and Kosovo and Sierra Leone, and others, some even more recent or continuing; this century is as marked by its invention of the concentration camp and the refugee camp as it is by its invention of the airplane and of the exploration of space. Man's knowledge has improved exponentially but his character has not; human nature seems less promising than it may have been thought to be in 1899". The twentieth century has witnessed appalling acts of aggression and regression, yet it has seen unparalleled advances in international law and institutions as well.

After highlighting the activities of the Court, he said that "as the Court enters the first century of the third millennium, it stands for international law, not international lawlessness; for the peaceful settlement of international disputes in conformity with international law, not with the will of the more powerful party; for international organization, not for international anarchy or for a State sovereignty which purports to be above the law; it stands for human rights, rights that can be effectively realized only within functioning systems of law, local, national and international. Press releases on the President's speech, in English and French, are available in the Spokesman's office.

During the reporting period, the Court was seised of 18 new cases, including 10 brought by Yugoslavia against NATO member countries --Belgium, Canada, France, Germany, Italy, the Netherlands, Portugal, Spain, the United Kingdom and the United States -- on the legality of the use of force; Croatia's case against Yugoslavia for genocide alleged to have been committed between 1991 and 1995; and three cases brought by the Democratic Republic of the Congo against Burundi, Uganda and Rwanda charging armed activities on its territory. In the Advisory Opinion requested by the Economic and Social Council, the Court declared that, under the Convention on the Privileges and Immunities of the United Nations, Dato' Commission on Human Rights on the Independence of Judges and Lawyers, was entitled to immunity from prosecution by Malaysia for a 1995 article published in a legal journal.

In other action this morning, on cooperation between the United Nations and the League of Arab States, the Assembly is expected to adopt a resolution (A/54/L.14) which asks the Secretary-General to continue his efforts to strengthen cooperation and coordination between UN system organizations and agencies and the League in the political, economic, social, humanitarian, cultural and administrative fields. The Assembly recommends that, insofar as possible, Arab institutions and technical expertise be utilized in projects undertaken in the Arab region. The related report of the Secretary-General is A/54/180.

On a new agenda item, entitled "Observer status for the Community of Portuguese-Speaking Countries in the General Assembly", the Assembly is also expected to adopt a resolution (A/54/L.15), introduced by Angola, in which it decides to invite the Community of Portuguese-Speaking Countries to participate in its sessions and work as an observer. The Assembly requests the Secretary-General to take the necessary action to implement the resolution. The request for the inclusion of an additional item in the agenda, and explanatory memorandum, from seven Portuguese-speaking Member States, can be found in document A/54/232.

This morning, the First Committee (Disarmament and International Security) is continuing its thematic discussion on specific disarmament topic and the introduction of draft resolutions. Yesterday, five more drafts were introduced: on the Convention on the Prohibition of the Use of Nuclear Weapons (A/C.1/54/L.33); the role of science and technology, in the context of international security and disarmament (A/C.1/54/L.32); establishing a nuclear-weapon-free zone on the Middle East (A/C.1/54/L.7); strengthening security and cooperation in the Mediterranean region (A/C.1/54/L.15); and the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Ottawa Convention) (A/C.1/54/L.2). The Committee will begin taking action on some 55 texts as of l November.

The Second Committee (Economic and Financial) heard the introduction of a draft resolution on implementation of the United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa (A/C.2/54/L.8). It then expected to conclude its discussion of that sub-item as well as three others on environment and sustainable development -- report of the Executive Secretary of the Convention on Biological Diversity (A/54/428); protection of global climate for present and future generations of mankind; and implementation of the outcome of the Global Conference on the Sustainable Development of Small Island Developing States. The Committee was next scheduled to take up the item on implementation of the Programme of Action of the International Conference on Population and Development (A/54/442), before turning its attention, this afternoon, to the item on globalization and interdependence.

The Third Committee (Social, Humanitarian and Cultural) is not meeting today. Tomorrow, to initiate the Committee ' s discussion of agenda item 112, on promotion and protection of the rights of children, it will hold a dialogue with Mr. Mr. Olara Otunnu, Special Representative of the Secretary-General for Children and Armed Conflict; Ms. Ofelia Calcetos-Santos, Special Rapporteur of the Commission on Human Rights on the sale of children, child prostitution and child pornography; Mr. Juan Somavia, Director-General of the International Labour Organization; Ms. Carol Bellamy, Executive Director of the United Nations Children ' s Fund (UNICEF); and representatives of the Office of the UN High Commissioner for Human Rights. Reports of the Special Representative and of the Special Rapporteur are among the documents before the Committee.

A working group of the Fourth Committee (Special Political and Decolonization), on international cooperation in the peaceful uses of outer space, is meeting this afternoon.

The Fifth Committee (Administrative and Budgetary) was expected to take action at this morning ' s meeting on a draft resolution on financing of the United Nations Iraq-Kuwait Observation Mission (UNIKOM), after concluding discussion of three of administrative and budgetary items begun yesterday. By the text on UNIKOM, the Assembly would take note, with deep concern, the administration's handling of the question of payment of mission subsistence allowance; would request the Board of Auditors to undertake a comprehensive audit of UNIKOM; and would request another report from the Secretary-General on the issue for consideration during its first resumed session. This afternoon, the Committee will conclude discussion of the item on financial reports and audited financial statements, and reports of the Board of Auditors.

A reminder that tomorrow, in the Fifth Committee, the Secretary-General will introduce his proposed programme budget for 2000-2001 (A/54/6). The Secretary-General is proposing a budget of $2,655.4 million after recosting. The budget shows a 0.2 per cent real growth before recosting. The report states that the budget has been formulated in the light of the priorities set by the Assembly in resolution 53/206. These priorities are: maintenance of international peace and security; the promotion of sustained economic growth and sustainable development; the development of Africa; the promotion of human rights; the effective coordination of humanitarian assistance efforts; the promotion of justice and international law; disarmament; drug control, crime prevention and combating international terrorism in all its forms and manifestations. The report estimates income of $370.4 million, $7.7 million above 1998-1999. A staffing level of 8,802 posts is proposed, representing an increase of 61 posts when compared with the previous biennium, but down from 10,021 in 1996-1997.

The Advisory Committee on Administrative and Budgetary Questions (ACABQ) (A/54/7) states in the related report that it has no basis to change the overall level of resources proposed by the Secretary-General. While it does recommend a reduction in estimates under certain budget sections, the ACABQ has also indicated several areas where additional resources could be required. It says that the last two bienniums have been ones of budgetary stringency and restraint, with the cost of additional activities, such as special missions, having to be absorbed and with reductions in posts. Fortuitous gains in currency and low inflation have helped offset the effects of these developments, but this might not always be the case, the Advisory Committee states.

After the plenary concludes consideration of the item on the report of the International Court of Justice, the Sixth Committee (Legal) was expected to continue its review of the report of the International Law Commission on the work of its fifty-first session (A/54/10). That report contains, for adoption by the Assembly, a declaration of 26 draft articles on nationality of natural persons in relation to the succession of States. The Commission also reports on the progress made in drafting articles relating to State responsibility; guidelines on reservations to treaties; jurisdictional immunities of States and their property; unilateral acts of States; and under the topic of international liability for injurious consequences arising out of acts not prohibited by international law, first dealing with the issue of prevention under the subtitle of prevention of transboundary damages from hazardous activities.

Copies of the Assembly President's appointments for today are available in room 378 and on the Internet. He is, at present, participating in the Second Annual Meeting of the Heads of the Principal Organs of the United Nations, in the Office of the Secretary-General. This evening, he will attend a dinner in his honour, hosted by the Permanent Representative of India.