SIXTH COMMITTEE (LEGAL) - FIFTY-THIRD SESSION (1998)
 
(as of 15 December 1998)
 
 
Current Information on Agenda Items Bureau of the Sixth Committee Summaries of the Work of the Committee
 
 
CURRENT INFORMATION ON THE AGENDA ITEMS: (top)
 

Agenda item 146...Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts (G.A. resolution 51/155 of 16 December 1996)

Agenda item 147...Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (G.A. resolution 51/156 of 16 December 1996) Agenda item 148...Convention on jurisdictional immunities of States and their property (G.A. resolutions 49/61 of 9 December 1994 and 52/151 of 15 December 1997) Agenda item 149...United Nations Decade of International Law (G.A. resolutions 52/153 to 52/155 of 15 December 1997)  
Agenda item 150...Report of the International Law Commission on the work of its fiftieth session (G.A. resolution 52/156 of 15 December 1997) Agenda item 151...Report of the United Nations Commission on International Trade Law on the work of its thirty-first session (G.A. resolution 52/157 of 15 December 1997)  

Agenda item 152...Report of the Committee on Relations with the Host Country (G.A. resolution 52/159 of 15 December 1997)

 
Agenda item 153...Establishment of an international criminal court (G.A. resolution 52/160)  
Agenda item 154...Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (G.A. resolutions 52/161 and 52/162 of 15 December 1997)  
Agenda item 155...Measures to eliminate international terrorism (G.A. resolution 52/165 of 15 December 1997)  
Agenda item 156...Review of the Statute of the Administrative Tribunal of the United Nations (G.A. resolution 52/166 of 15 December 1997)
BUREAU OF THE SIXTH COMMITTEE: (top)
 

Chairman - Ambassador Jargalsaikhany Enkhsaikhan of the Permanent Mission of Mongolia to the United Nations

Vice-Chairman - Mrs. Socorro Flores Liera of the Permanent Mission of Mexico to the United Nations

Vice-Chairman - Mr. Phakiso Mochochoko of the Permanent Mission of the Kingdom of Lesotho to the United Nations

Vice-Chairman - Mr. Hendrikus Verweij of the Permanent Mission of the Kingdom of the Netherlands to the United Nations

Rapporteur - Mr. Rytis Paulauskas Permanent Mission of the Republic of Lithuania to the United Nations.

Chairman of the Working Group to continue the work on the Draft International Convention on the Suppression of Nuclear Terrorism - H.E. Mr. Philippe Kirsch (Canada)

Chairman of the Working Group on the United Nations Decade of International Law - Mrs. Socorro Flores Liera (Mexico)
 
[See U.N. document A/C.6/53/L.1 - Organization of Work.]


SUMMARIES OF THE WORK OF THE SIXTH COMMITTEE: (top)
 

Status of the Protocols Additional to the Geneva Conventions of 1949 [146]

Speakers expressed appreciation for the Report of the Secretary-General, noting an increase in the number of States parties to the Additional Protocols of 1977; urged those States not parties to ratify the Protocols, in order to secure universality of international humanitarian law; and also urged States parties to accept the competence of the International Fact-Finding Commission provided for in Article 90 of Protocol I.

During the discussion of the topic, it was suggested that the present agenda item be expanded to include humanitarian law in general, and that future Reports of the Secretary-General on this topic include information received from Member States and the International Committee of the Red Cross on steps taken to render more effective all the rules in force that constitute humanitarian law.

Speakers emphasized the need for States to adopt domestic legislation to implement international humanitarian law. Several speakers stressed the necessity of international cooperation in this area and for wider dissemination of the Geneva Conventions and Additional Protocols.

Several speakers spoke to the historic achievement of the adoption of the Rome Statute of the International Criminal Court and the role it would play in the development not only of international criminal law but also of international humanitarian law. Furthermore, the establishment and operation of the two International Tribunals for the former Yugoslavia and for Rwanda represented an important step forward in monitoring the full implementation of the norms of international humanitarian law. It was also noteworthy that military personnel assigned to the various U.N. peace-keeping operations were being trained to respect humanitarian law.

Several speakers called for the convening of a conference of the High Contracting Parties to the Fourth Geneva Convention to discuss problems in Israeli-occupied Arab territories.

Draft resolution A/C.6/53/L.17, as orally revised, was adopted at the Committee's 34th meeting, on 19 November 1998.

Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives [147]

While noting the centuries-old history of diplomatic protection, speakers were of the view that the topic remained as relevant as ever and deserving of due attention and concern from all States. In this regard, many speakers recalled the recent bombings of the United States Embassies in Kenya and Tanzania and the attack against the premises of the Consulate-General of the Islamic Republic of Iran in Afghanistan. These attacks resulted in the deaths of individuals, both diplomats and non-diplomats.

All speakers further recalled the legal regime in place for the protection of diplomatic and consular representatives, including the relevant international conventions, various United Nations resolutions and general principles of international law, and stressed the importance of States to respect the regime and cooperate with other States in order to enhance such protection. The point was also made that all States should refrain from selective treatment in fulfilling their obligations in this area.

During the discussion on the topic, attention was drawn to the reporting procedures on violations of the protection of diplomatic and consular premises and personnel, contained in General Assembly resolutions on the topic, and stressed the importance of States' adherence thereto.

Draft resolution A/C.6/53/L.11 was adopted at the Committee's 31st meeting, on 16 November 1998.

Convention on jurisdictional immunities of States and their property [148]

The Sixth Committee commenced its consideration of the item at its twenty-third meeting on 9 November 1998. At that meeting, almost all speakers favoured the establishment of a working group at the 54th session of the General Assembly to consider the unresolved issues arising out of the draft articles prepared by the International Law Commission as well as possible solutions, as envisaged in General Assembly resolution 52/151.

While some believed that it would be useful to request the International Law Commission to comment on recent developments relating to the draft and possible the conclusions of the previous working group on the topic, others were not convinced of the usefulness of this suggestion. One speaker expressed the view that there was insufficient consensus on the major unresolved issues, such as the criterion for determining the commercial character of a contract of transaction, to justify resuming work on this topic.

At the Committee's thirty-fifth session, the coordinator of the informal discussions on the draft resolution (Japan) introduced the draft resolution contained in document A/C.6/53/L.19/Rev.1. The Chairman of the Committee made a statement in connection with the draft resolution. The Committee subsequently adopted the draft resolution without a vote.

United Nations Decade of International Law [149]

The Committee began its consideration of the item at its thirty-first session on 16 November 1998.

The Legal Counsel, Mr. Hans Corell, provided the Committee with information on the efforts undertaken by the Office of Legal Affairs to facilitate access to information concerning United Nations activities in the field of international law. As the United Nations Decade of International Law is drawing to a close, many speakers stated that the activities undertaken within its framework had contributed to a greater awareness of the role that international law is designed to play in international relations. They all expressed appreciation for the actions taken by the Office of Legal Affairs in this respect, in particular through the issuance of several publications, the provision of electronic access to a wide range of information on international law and the organization of colloquia and seminars. Viet Nam (on behalf of ASEAN) and the Dominican Republic (also on behalf of the Central American States and Panama) suggested that given its success, the programme for the Decade be continued beyond the year 1999.

All delegations expressed their appreciation to the Netherlands and the Russian Federation for their efforts in preparation of the commemoration of the centennial of the Hague Peace Conference in 1999 and supported relevant initiatives. The two sponsors provided more detailed information in this respect. Algeria made the point that discussions should not be limited to the achievements of the past but should also address the challenges of the future.

Most speakers expressed support for the draft principles and guidelines for international negotiations elaborated by the Working Group under this item on the basis of a proposal by Mongolia.

At the Committee's thirty-second meeting, on 17 November 1998, all speakers underscored the significant achievements of the Decade. Suggestions were made that its programmes be continued beyond 2000. All speakers welcomed the programme of action for the 1999 Centennial of the First International Peace Conference. Australia announced the holding of the Asia-Pacific regional conference in February 1999, under the auspices of the "Friends of 1999".

As regards the promotion of the principles of international law, ICRC proposed expanding the agenda item on the Status of the Protocol Additional to the Geneva Conventions to include the promotion of other humanitarian treaties. Concerning the progressive development of international law and its codification, several speakers emphasized the significance of the preparation of a number of treaties during the Decade. One member State pointed out that the adoption of the Statute of the International Criminal Court was a major outcome of the Decade. Another commended the work of the International Law Commission in the field. Several speakers welcomed the preparation of the Draft principles and guidelines for international negotiations.

Regarding the dissemination of international law, most speakers welcomed the efforts of the Secretariat in this area through publications and in electronic format, and in particular, the establishment of the electronic treaty database. A member highlighted the needs of developing countries in this regard. Another insisted that States be given the opportunity to submit written comments to assist in the development of a final policy for Internet access to the database. Australia and New Zealand favoured free of charge Internet access to the treaty database for Member States, UN organizations, other international organizations and other non-commercial users. The Solomon Islands suggested the initiation of a project involving DPI and NGO's aimed at the wider popularization of international law.

With respect to the promotion of the peaceful settlement of disputes, two speakers underscored the role of the International Court of Justice in this area. Another highlighted the activities of the UN criminal tribunals and encouraged greater use of the Permanent Court of Arbitration.

The Committee adopted the draft resolution, entitled "United Nations Decade of International Law, contained in document A/C.6/53/L.8/Rev.1, (as orally revised) without a vote.

At its thirty-third meeting on 17 November 1998, the Committee adopted draft resolution, entitled "Action dedicated to the 1999 centennial of the first International Peace Conference and to the closing of the United Nations Decade of International Law", contained in document A/C.6/53/L.12 (as orally revised) without a vote.

With regard to sub-item (c), Draft guiding principles for international negotiations, a member State reiterated that it would join in the adoption of the draft resolution contained in document A/C.6/53/L.14 on the understanding that, according to its interpretation of operative paragraph 1 (e), an agreement is void, not only if its conclusion has been procured by the threat or use of force, but also by the use of any other coercive measure contrary to the norms and principles of the Charter of the United Nations. Another also indicated that it considered the reference to the threat of use of force in the above mentioned paragraph to be insufficient, since there were other forms of coercive measures.

The Committee adopted the draft resolution contained in document A/C.6/53/L.14, entitled "Principles and guidelines for international negotiations", without a vote.

Following the adoption of the draft resolution, the United Kingdom indicated that it did not consider the draft principles and guidelines to be relevant to each and every negotiation, nor did it consider said principles and guidelines to be exhaustive. France, the United States and Australia associated themselves with the statement by the United Kingdom. Sweden and Japan expressed reservations about aspects of the draft resolution.

Report of the International Law Commission on the work of its fiftieth session [150]

The accomplishments of the International Law Commission was acknowledged on its fiftieth anniversary, and the Sixth Committee members considered the topics contained in the Commission's Report.

With regard to the topic "Prevention of transboundary damage from hazardous activities", most speakers welcomed the adoption, on the first reading, of the set of 17 draft articles. Some speakers expressed the opinion that more attention should be given in the draft articles to the specific needs of the developing countries. The final form the draft articles would take -- a model law; a framework convention, guidelines -- was also discussed.

Many speakers were of the view that as regards the topic of "Diplomatic protection" the Commission should limit itself to the classical approach that diplomatic protection was the prerogative of the State. There was also discussion on the need to separate the topic from that of international protection of human rights and of diplomatic relations which were separate matters.

Concerning the topic of "Reservations to treaties", many speakers expressed support for the guidelines on definitions of reservations adopted by the Commission to date and with the Commission's approach not to contradict the Vienna Conventions regime. The point also was made of the need to distinguish between reservations and interpretative declarations.

On the topic of "Unilateral acts of States", there were differing views on whether the topic should be restricted to unilateral acts of States having legal consequences, or expanded to include other kinds of unilateral acts, or acts of international organizations.

Regarding "State responsibility", the draft articles, on the second reading, was considered by the members of the Sixth Committee. A number of speakers expressed the opinion that the notion of State crimes should not be retained in the articles, as well as not distinguishing between the jure imperii or jure gestiones nature of acts of a State, for the purpose of determining whether such acts were attributable to a State.

With respect to "Nationality in relation to the succession of States, there was debate on whether or not to pursue the question of the nationality of the legal persons within the context of succession of States.

On the topic of "International liability for injurious consequences arising out of acts not prohibited by international laws", most speakers welcomed the adoption, on first reading, of a set of draft articles on prevention of transboundary damage from hazardous activities. While some speakers wished to limited the topic to prevention, other speakers spoke to the need also to include liability issues. There was also discussion what form the articles should ultimately take, e.g., a convention, a framework convention supported by guidelines, or a model law.

Before discussions ended on the Commission's Report, speakers also considered items to be included in the long-term programme of work of the ILC.

Draft resolution A/C.6/53/L.16, as orally revised, was adopted at the Committee's 34th meeting, on 19 November 1998.

Report of the United Nations Commission on International Trade Law (UNCITRAL) on the work of its thirty-first session [151]

During consideration of this topic, discussion took place regarding the preparation of rules concerning electronic signatures; the organization of the Uniform Commercial Law Information Colloquium; and the commemoration of the 40th anniversary of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The need to continue efforts aimed at the preparation of the legislative guide on privately financed infrastructure projects was also highlighted.

Also discussed was the importance of UNCITRAL's coordinating closely and cooperating with other international and regional organizations involved with international trade law. The need to increase the participation of developing countries in the work of UNCITRAL was also mentioned.

Importance was also attached to the continued strengthening of the training and assistance provided by the U.N. Secretariat in this area.

Draft resolution A/C.6/53/L.7, was adopted at the Committee's 26th meeting, on 11 November 1998.

Report of the Committee on Relations with the Host Country [152]

The Sixth Committee considered the report of the Committee on Relations with the Host Country at its thirty-third session on 17 November 1998. At meeting, the Chairman of the Committee on Relations with the Host Country introduced the report of the Committee. The speakers welcomed its recommendations, particularly with regard to increasing the membership of the Committee by four members following the principle of equitable geographic representation. A member State stressed its support for the increase in the membership of the Committee and expressed its hope that the subsequent consultations with the President of the General Assembly on the increased membership will take place soon and that his decision on the matter will fully reflect the will of regional groups.

Most speakers also welcomed the efforts of the Host Country to accommodate the interests of the diplomatic community, particularly concerning the parking of diplomatic vehicles. The point was made that further progress was needed in this regard and that the introduction of new parking regulations by the city authorities should take into account the needs of the diplomatic community. A delegation highlighted the fact that it had taken costly steps to ensure the respect of city parking regulations, but that there had been no reciprocity on the part of the Host Country, especially by city authorities. It also noted that the regulations concerning security issues sometimes hindered the normal work of delegations and that it would be useful for the Committee to address these concerns.

Speakers also expressed their hope that the problem of financial indebtedness could be further addressed by the Committee, since this matter affects the image of the entire diplomatic community.

Two speakers called for the lifting of travel restrictions imposed by the Host Country on the staff of certain missions and staff members of the Secretariat of certain nationalities, since this impedes the functions of those diplomats and Secretariat staff and is not consonant with international law. The host country indicated that it complied with its obligations under international law to grant unrestricted access to the Headquarters area and that it was under no obligation to permit travel to other areas, except in the case of official visits. One of the speakers also called upon the Committee to address the problem of increased refusal of apartment owners to rent to diplomats. Speakers also expressed the need to disseminate among commercial establishments the relevant information concerning the tax exempt status of diplomats, as well as the validity of State Department drivers licences as a means of identification, especially beyond the regions of New York City and Washington D.C.

At the meeting, the Sixth Committee adopted draft resolution A/C.6/53/L.13 without a vote.

Establishment of an International Criminal Court [153]
 
The adoption of the Rome Statute of the International Criminal Court (ICC), although recognized by some speakers as not a perfect document, was welcomed by most speakers as a means to fill the gap in the international legal order. There were others who expressed what they perceived as serious flaws in the Statute as well as in the process of its deliberation. One speaker found the automatic jurisdiction of the ICC inconsistent with the principle of complementarity and judicial sovereignty of States; and another expressed reservations over the provisions concerning the jurisdiction of the Court which would apply to non-States Parties while providing the possibility for States Parties to avoid jurisdiction for the same crime.

There was strong support for the establishment of the Preparatory Commission, which would be convened in 1999. Many speakers also supported the establishment of a fund for the participation of the least developed and developing States in the work of the Preparatory Commission.
 
There was discussion on the Preparatory Commission's elaborating a definition of the crime of aggression, so that the ICC would have jurisdiction over such crime, and a definition of the crime of terrorism. Views were also expressed that the concerns of those States which had not supported the Statute at the Rome Conference could be addressed within the framework of the Preparatory Commission, but not to the extent of undermining the integrity of the ICC.

Draft resolution A/C.6/53/L.9/Rev.1, was adopted at the Committee's 35th meeting, on 24 November 1998.

Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization [154]

The Sixth Committee began its consideration of the item at its 5th meeting on 16 October 1998. All speakers emphasized the importance of implementing the provisions of the Charter related to assistance to third States affected by sanctions and welcomed the report of the Secretary-General on the issue (A/53/312). Some stressed that a special responsibility of high-income countries in providing assistance to affected third countries still had to be determined. Some other speakers supported the establishment of a permanent mechanism, including a fund, to assist affected States.

As regards the proposals on the strengthening of the role of the Organization and on the legal basis for its peace-keeping operations, Austria (on behalf of the European Union and associated States) expressed doubt as to the necessity for codification work in these areas. This view was opposed by some other delegations. Some support was expressed for the proposal by Cuba on strengthening the Organization, highlighting the need for its reform and the Russian proposals regarding peace-keeping and criteria for imposing sanctions.

As regards the Secretary-General's report on the International Court of Justice (A/53/326), some support was given to the Court's demands for budgetary resources to respond to a significant increase of its workload. On the proposal by Guatemala to extend the ICJ jurisdiction to disputes between States and international organizations it was said that the proposed extension would place and added burden on the ICJ, and that such disputes should be settled in accordance with the constituent provisions of international organizations.

Concerning the Secretary-General's report on the Repertory of Practice of the United Nations Organs and the Repertoire of Practice of the Security Council (A/53/386) most speakers expressed concern about the increasing backlog and stressed the importance of speeding up the work on both publications, one noting that the Secretary-General should accord higher degree of priority to the Repertory. Cuba pointed out that these publications should not be given priority among other publications of the Organization.

At the Sixth Committee's 6th meeting on 19 October 1998, the importance of implementing the Charter provisions related to assistance to third States affected by sanctions, as well as of the findings of the ad-hoc expert group on the issue (A/53/312), was emphasized by all speakers. Some highlighted a special responsibility of major industrial countries in this field, as well as the timeliness of the creation of a permanent mechanism, including a fund, to assist affected States. Consideration of these issues in the framework of a Working Group of the Sixth Committee was also suggested.

Most speakers supported consideration of the Russian proposals regarding peace-keeping and criteria for imposing sanctions and the proposal by Cuba on strengthening the Organization. Some support was expressed for the Libyan proposal on redefining the role and relations of the principal organs of the Organization in the context of its reform. Some other speakers cautioned against the duplication of work of other fora in these areas and suggested better coordination with them.

Concerning the proposals on the ICJ (A/53/326), most speakers supported the Court's demands for financial and logistical resources to respond to a significant increase of its workload. Some supported the proposal by Guatemala to extend the ICJ jurisdiction to disputes between States and international organizations.

As regards the issue of updating the Repertory of Practice of the United Nations Organs and the Repertoire of Practice of the Security Council (A/53/386), Pakistan proposed placement of these documents on the Worldwide Web in addition to producing hard copies.

At the 7th and 8th meetings of the Sixth Committee, on 20 October 1998, most delegations stressed the need to implement the Charter provisions related to assistance to third States affected by sanctions effectively and expeditiously and welcomed the recommendations by the ad hoc expert group on the issue, found in the respective Report of the Secretary-General (A/53/312). Some of the recommendations would require action by the Secretariat to, inter alia, prepare advanced assessments of the effect of sanctions on third States and assist States invoking article 50 of the Charter. Some delegations were of the view that such recommendations were insufficient and reiterated the Non-Aligned Movement's call for the establishment of a permanent mechanism and a trust fund to address the problem adequately and definitively; these delegations highlighted the special responsibility for the major industrial countries to provide the required assistance to third States. The developed countries emphasized that the task of addressing the adverse impact of the sanctions upon third States was best addressed through the international financial institutions. A suggestion was also made to the effect that the Security Council and the Secretary-General should promote the creation of new trading relations to serve as a framework for mutual support in the enforcement of sanctions. The idea of establishing a working group of the Sixth Committee to discuss these issues was suggested. Others felt that such a working group would not be productive ans that States' views should be sought on the Report.

Many delegations supported the further consideration of proposals submitted by the Russian Federation on the topic of criteria for imposing sanctions and on peacekeeping, as well as the proposal by Cuba on strengthening the Organization, particularly the role of the General Assembly. However, several delegations considered that the issues covered by said proposals fell within the mandate of other bodies and thus cautioned against duplication of work.

Some support was expressed for the continuation of consideration of the proposal of the Libyan Arab Jamahiriya on strengthening the role of the United Nations in the maintenance of international peace and security. Further consideration of the proposal of Sierra Leone for the establishment of a dispute prevention and early settlement service also received the backing of some delegations; others underlined the need to safeguard the free choice of means for dispute settlement.

It was suggested that the Committee adopt some form of decision regarding the consideration of the future role of the Trusteeship Council in the light of the recommendations of the Environmental Forum to be held under the auspices of UNEP. Some delegations were of the view that further consideration of the various proposals on the matter was called for. Still others felt that no action was required for the time being.

The Committee adopted draft resolution A/C.6/53/L.6/Rev.1 entitled "Report of the Special Committee on the Charter of the United Nations and on the strengthening of the Role of the Organization" at its 32nd meeting on 17 November 1998.

The Committee adopted draft resolution A/C.6/53/L.3/Rev.1 entitled "Implementation of Provisions of the Charter of the United Nations related to the assistance of third States affected by the application of Sanctions" at the Committee's 34th meeting on 19 November 1998.

Measures to Eliminate International Terrorism [155]

Working Group established by General Assembly resolution 51/210 of 17 December 1996

The General Assembly, in resolution 52/165 of 15 December 1997, recommended that the Ad Hoc Committee established pursuant to resolution 51/210 of 17 December 1996, hold its second session from 17 to 27 February 1998 to elaborate an international convention for the suppression of acts of nuclear terrorism. It further recommended that the work continue during the fifty-third session of the General Assembly, from 28 September to 9 October 1998, within the framework of a working group of the Sixth Committee.

Accordingly, the Sixth Committee, at its 2nd meeting, on 16 September 1998, established such a Working Group and elected Mr. Philippe Kirsch (Canada) as its Chairman. The Sixth Committee decided, at its 2nd meeting, on 16 September 1998, to open the Working Group to all States Members of the United Nations or members of the specialized agencies or of the International Atomic Energy Agency (IAEA). The Working Group held 13 meetings, from 28 September to 9 October 1998. The Working Group had before it the report of the Ad Hoc Committee on the work of its second session, containing a draft text of the convention on the suppression of acts of nuclear terrorism submitted by the Russian Federation. At its first meeting, on 28 September 1998, a discussion paper prepared by the Friends of the Chairman (A/C.6/53/WG.1/CRP.1), composed of the members of the Bureau of the Ad Hoc Committee established by General Assembly resolution 51/210 of 17 December 1996, was tabled before the Working Group for its consideration. The Working Group also had before it several oral and written proposals submitted during its meetings.

It was explained that, although the text prepared by the Friends of the Chairman was based on the draft convention proposed by the Russian Federation, as contained in document A/AC.252/L.3, it had been aligned with the International Convention for the Suppression of Terrorist Bombings adopted in 1997. The rationale for doing so arose out of the discussions during the second session of the Ad Hoc Committee, held from 17 to 27 February 1998, in which many delegations observed that the Russian text had been completed before the International Convention for the Suppression of Terrorist Bombings had been adopted and that the new instrument should be aligned on the text of the International Convention for the Suppression of Terrorist Bombings as much as possible.

The Chairman pointed out that the new text could be divided into three types of articles: those which the Friends of the Chairman did not feel appropriate to redraft without further discussion among interested States (the preamble, and articles 1, 1 bis, 2 and 10); those articles simply repeating the provisions contained in the Russian proposal (A/AC.252/L.3), or including substantive departures from provisions of the International Convention for the Suppression of Terrorist Bombings (articles 4, 4 bis, 6 (1) and (7), 11, 12 and 17); and those clauses contained in the International Convention for the Suppression of Terrorist Bombings and which were common to the instrument under consideration (articles 3, 5, 6, 7, 8, 9, 14, 15, 16, 18 and 20). The discussion paper was received favourably by many States and it was agreed to use it as a basis for the discussions of the Working Group on the draft Convention.

Discussions were held both in the Working Group and in informal consultations. On the basis of those discussions and written proposals and amendments tabled before the Working Group, a new discussion paper was prepared by the Friends of the Chairman for consideration by the Working Group (A/C.6/53/WG.1/CRP.1/Rev.1). The Chairman limited his remarks to those articles that had undergone some change during the meetings of the Working Group and were thus different from document A/C.6/53/WG.1/CRP.1. Article 1 of the paper contained a text negotiated during informal consultations (see A/C.6/53/WG.1/CRP.26). Paragraphs 1 and 2 of article 1 bis also incorporated the results of informal consultations on the provision, contained in document A/C.6/53/WG.1/CRP.27. Paragraphs 3 and 4 of article 4 bis, were based on document A/C.6/53/WG.1/CRP.2. No text for article 2 was included in the paper, pending the conclusion of informal consultations. New article 4 contained a negotiated text (A/C.6/53/WG.1/CRP.10/Rev.1) amalgamating articles 4 and 11 contained in document A/C.6/53/WG.1/CRP.1. It was decided to defer the inclusion of the text of paragraph 4 of article 4 until the conclusion of the informal consultations on article 10. Article 4 bis was redrafted by the Friends of the Chairman on the basis of informal consultations. Paragraph 7 of article 6 was moved to article 5 as new paragraph 6, on the basis of a suggestion made in the Working Group. With regard to article 6, paragraph 1 was amended on the basis of the informal consultations held on the article. It was decided not to include a text for article 10, pending the results of informal consultations. Article 11 had previously been deleted. Article 12 was redrafted by the Friends of the Chairman on the basis of informal discussions. Article 13 had previously been deleted. A new article 17 was formulated on the basis of a text formulated during informal consultations (A/C.6/53/WG.1/CRP.23). Article 19 had been previously deleted. With regard to paragraphs 1 (a) (i) and 1 (b) (i) of article 1 bis, the Chairman announced that there was an understanding among delegations that reference to "serious bodily injury" should be interpreted broadly so as to include serious harm to health.

The Friends of the Chairman subsequently prepared a further revised text of the draft convention (A/C.6/53/WG.1/CRP.35/Add.1), based on comments by delegations on the revised discussion paper (A/C.6/53/WG.1/CRP.1/Rev.1), and proposals on those articles not contained in the paper, i.e. articles 2, 4 (4) and 10, and the preamble. It was stressed that the revised text was prepared for referral to the Sixth Committee and not for adoption by the Working Group. The revised text was based on the revised discussion paper previously prepared by the Friends of the Chairman (A/C.6/53/WG.1/CRP.1/Rev.1). It differed from the revised discussion paper in the following respects: a preamble was included, paragraph 3 (a) of article 1 was modified, new paragraphs 5 and 6 of article 1 were added, paragraph 4 of article 4 was included, a finalized article 18 was included, and article 25 had been modified. Paragraph 6 of article 5, as contained in document A/C.6/53/WG.1/CRP.1/Rev.1 (article 9 in document A/C.6/53/WG.1/CRP.35/Add.1), was deleted by the Friends of the Chairman, following the suggestion of the Working Group.

At its 13th meeting, on 9 October 1998, the Working Group decided to refer to the Sixth Committee the consideration of its report. The Working Group forwarded its report to the Sixth Committee on the understanding that several delegations had expressed their concerns on certain provisions of the draft convention for the suppression of nuclear terrorism contained in the report, including its scope of application.

Sixth Committee

The Sixth Committee began its consideration of the item at its 25th meeting on 11 November 1998. It had before it the draft international convention for the suppression of nuclear terrorism elaborated by Ad Hoc Committee and the Working Group of the Sixth Committee.

 All speakers reiterated their condemnation of continued acts of international terrorism in all its forms and manifestations, and expressed support for the draft convention.

 Some States, while expressing general support for the draft Convention, also expressed concern about certain provisions of the draft convention. Pakistan affirmed its reservations including, inter alia, the omission of reference to State crimes in the scope of the draft convention, the inclusion of provisions from the Non-Proliferation Treaty, the role awarded to the IAEA, and the number of ratifications required for the entry into force of the draft convention. Pakistan reiterated the position contained in the final document of the recent Durban Summit of the NAM, that a distinction should be made between terrorism and the legitimate struggle of peoples under colonial or alien domination or foreign occupation for national liberation and self-determination. Yemen, the Republic of Korea and the United Republic of Tanzania also raised reservations regarding specific provisions. The Republic of Korea underscored the potential role of the IAEA in the implementation of the draft convention. Austria (on behalf of the EU and associated States), while expressing support for the draft convention, recognized the need to address the concerns of various States regarding certain provisions of the draft convention.

 Tanzania, Qatar and Pakistan supported the call of the Durban Summit for an International Summit Conference to be held under United Nations auspices to formulate a joint response by the international community to international terrorism. The Secretary-General was invited to consider the matter and present a report to the 54th session of the General Assembly.

 Austria (on behalf of the EU and associated States), Russia, and Algeria supported the finalization of the draft convention during the current session of the Sixth Committee. Zimbabwe (on behalf of the NAM), supported by Pakistan, Yemen and Tanzania, expressed a preference for more time for further consideration of the draft convention.

 With regard to the Ad Hoc Committee's next phase of work, France proposed the elaboration of an international  convention for the suppression of terrorist financing. Austria (on behalf of the EU and associated States), Yemen and Tanzania welcomed the French initiative. Austria also expressed support for a proposal by the United Kingdom that a conference be held in London to consider this initiative and further international action against terrorist fund-raising.
 
Concerning the publication of a compendium of national laws and regulations concerning terrorism, Austria (on behalf of the EU and associated States) supported the Secretary-General's request that those States which have not provided such information do so.

Discussion on the item was continued at the Committee's 26th meeting on 11 November 1998. At the meeting, all speakers expressed appreciation for the outcome of the work of the Ad Hoc Committee and of the Working Group of the Sixth Committee, most of them endorsing the draft convention on nuclear terrorism as contained in the report of the Working Group (A/C.6/53/L.4). Bangladesh, South Africa, Libya and Tunisia expressed concern about the scope of the draft convention, especially the exclusion of the use by military forces of nuclear weapons from the scope of application of the convention. It was pointed out that such exclusion would compromise the on-going efforts regarding nuclear disarmament, non-proliferation and prohibition of use or threat of use of nuclear weapons. In their view, further consultations were necessary to achieve a consensus text. A large number of speakers expressed the hope that the draft convention be adopted by the General Assemby during the current session. As regards the future work programme, there was general support for the French proposal that the ad hoc committee commence in 1999 work on the elaboration of a universal convention against the financing of terrorism. Turkey, Bangladesh, South Africa, Tunisia, Kuwait, Libya and Bahrain, noting the importance of a comprehensive approach, favoured the elaboration of a comprehensive global convention on the suppression of terrorism and the holding of an international conference on the issue under the United Nations auspices.

Some speakers cautioned against the abuse by terrorists of the refugee status and of the concept of asylum. A point was made that the crime of terrorism, as well as the crime of illicit drug-trafficking linked to it, should be included in the Statute of the International Criminal Court. Some speakers further reiterated the need to distinguish betwen terrorism and the legitimate fight for self-determination against foreign occupation and aggression and called for the formulation of the legal definition of terrorism. Some viewed State terrorism as its most dangerous form. The need to take into account the root causes of terrorism, as well as the dangers posed by the use of mercenaries, was also stressed by some speakers.

Debate continued at the Committee's 27th and 28th meetings on 12 November 1998, at which time all speakers unequivocally condemned all acts of terrorism as criminal and unjustifiable and stressed the importance of international cooperation in combating this scourge. India and Croatia characterized terrorism as a crime against humanity.

India, Indonesia, Cuba, Syria and Egypt reminded the Committee that the Non-Aligned Movement, at the Durban Summit, had called for the holding of an international conference under United Nations auspices to deal with the question of international terrorism. Egypt added that the Secretary-General should play an essential role in coordinating international efforts in this regard. The United States, however, expressed reservations on the convening of a conference that would attempt to define international terrorism. On the question of the definition, Syria and the Philippines stressed that terrorism should be distinguished from the struggle of peoples for national liberation. Many speakers expressed the hope that outstanding issues on the draft convention on the suppression of acts of nuclear terrorism would be resolved as soon as possible and that the text would be adopted by the General Assembly at this session. Mexico, Egypt, Indonesia, Uganda, Ukraine, Syria and Cuba, nevertheless emphasized that sufficient time should be allocated to seriously addressing the various concerns expressed by many delegations, in particular, as regards the convention's scope of application, so as to arrive at a universally acceptable instrument.

Regarding the further development of a legal framework to combat terrorism, most speakers supported the French proposal on the elaboration of a convention for the suppression of the financing of terrorism. India, Egypt, Niger, Cuba, Uganda, Iran and Syria were of the view that a global convention on international terrorism should also be elaborated, with India reminding delegations that it had presented a written proposal to that effect. Such comprehensive approach was opposed by the United States, Japan and Israel, which favoured instead the continuation of the step-by-step elaboration of international instruments dealing with specific aspects of terrorism. Croatia, Angola and Brazil pointed out that the two approaches were not incompatible. Hungary pointed out that, in the course of the discussions on terrorist financing, the question of the definition of terrorism will have to be addressed - a view also shared by Iran -, which would enable States to decide whether the time is ripe for the elaboration of a comprehensive convention.

India, Sri Lanka and Uganda expressed support for the work of the Centre for International Crime Prevention in the area of international terrorism.

At the Committee's 35th meeting, on 24 November 1998, the coordinator of the informal consultations on the draft convention for the suppression of acts of nuclear terrorism, Mr. John Holmes (Canada), orally reported that the consultations did not result in the successful elaboration of the a consensus text, and that efforts would continue to resolve the outstanding issues, particularly that of the scope of the draft convention, with a view to completing the work before the closure of the 53rd session of the General Assembly.

The representative of Argentina introduced draft resolution A/C.6/53/L.20/Rev.1. Reflecting the outcome of the informal consultations on the draft convention against nuclear terrorism, draft resolution A/C.6/53/L.20/Rev.1 contains provisions requesting the Ad Hoc Committee on the topic to continue to elaborate the draft convention at its next session in March 1999 and to report to the General Assembly at its next session in the event of the completion of the draft convention, or otherwise to report on progress at the 54th session of the Assembly. The draft resolution, as revised was adopted without a vote.

Review of the Statute of the Administrative Tribunal of the United Nations [156]

It may be recalled that at the previous session, the General Assembly, on the recommendation of the Sixth Committee, amended the statute of the Administrative Tribunal, which extended the competence of the Tribunal: a) to the staff of the Registry of the International Court of Justice; b) to cases involving the alleged non-observance of the Regulations of the U.N. Joint Staff Pension Fund arising out of a decision of the U.N. Joint Staff Pension Board; and c) with the approval of the General Assembly, to certain other international organizations and treaty bodies.

At the current session, proposals were made to amend the statute of the Administrative Tribunal:

- to delineate clearly in the statute the legal qualifications of the Members of the Tribunal;
- to extend the term of of the Members beyond the three years stipulated in the statute (article 3, para. 2), in order to both reflect the need to take advantage of the expertise accumulated by the Members and the practice of other international courts and tribunals;
- to amend article 3, para. 1, which requires only three Members to sit in any particular case, to allow all seven Members to sit on an important case; and
- to change the title of the Members of the Tribunal to "Judge", and possibly create a "Registry" for the Tribunal.

It was further suggested that this matter be placed on the agenda of the fifty-fourth session, to allow other Member States to reflect on these proposals and to possibly come up with more proposals in order to further improve the Tribunal's statute and, thus, to enhance its work..

The draft decision A/C.6/53/L.10 was adopted at the Committee's 31st meeting, on 16 November 1998.

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53rd session of the General Assembly (Sixth Committee)