A/37/PV.49 General Assembly

I call first on the Under- Secretary-General for Political and General Assembly Affairs, Mr. William Buffum. 2. Mr. BUFFUM (Und~r-Secretary-General for Political and General Assembly Affairs): Representa- tives may recall that the General Assembly, at its thirty-fifth session, by resolution 35/2, accorded per- manent observer status to the Asian-African Legal Consultative Committee and invited it to participate in the sessions and the work of the General Assembly in the capacity of observer. In February 1981, the Consultative Committee established a Permanent Observer Mission to the United Nations. At the thirty-sixth session, the General Assembly, on the occasion of the commemoration of the Committee's twenty-fifth anniversary and in recognition of its highly commendable work in promoting interregional and international co-operation supportive of the efforts of the United Nations, further decided, by resolution 36/38, to include in the agenda of the thirty-seventh session the item entitled "Co-operation between the United Nations and the Asian-African Legal Con- sultative Committee". 3. In the same resolution, the General Assembly requested the Secretary-General to carry out consulta- tions with the Secretary-General of the Consultative Committee with a view to further strengthening the co-operation between the two organizations and widening its scope. It therefore gives me great pleasure, on behalf of the Secretary-General, to report on the progress made thus far in pursuance of reso- lution 36/38. 4. It is well known that over the last 25 years, the Legal Consultative Committee has not only acted as a major forum for Asian-African consultation and co- operation in the legal field, but has also oriented its activities to complement the work of the United Nations and the specialized agencies, and has made valuable contributions to such important United N ~tions conferences as those dealing with diplomatic relations, the law of treaties, State succession and the international sale of goods. Over the years, the Committee has also maintained close relations with the various bodies and organs of the United Na- tions and the specialized agencies-in particular, the ILC and UNCITRAL. Close collaboration with 6. It is gratifying to note some of the major areas in which the Committee has offered to assist in the work of the United Nations. These include, for example, giving publicity to the work of th~ United Nations in the field of the progressive development of inter- national law and regarding the implementation of the new international economic order and the United Nations Convention on the Law of the Sea; making available its good offices for the implementation of General Assembly resolutions on those matters and, as appropriate, for encouraging its member Govern- ments to ratify or accede to United Nations treaties and conventions. 7. The Consultative Committee will also make arrangements for consultations among its member Governments before each session of the General Assembly regarding agenda items relevant to the codification and progressive development of interna- tional economic and trade law, as well as legal aspects of items relating to the subject of the new international economic order. The Committee will also co-operate with the United Nations in organizing training pro- grammes and seminars on the above-mentioned sub- jects. Useful discussions have also been held on the subject of representation at meetings, the exchange of documentation and information and the co-ordination of work programmes. Clearly, a framework of co- operation is emerging from these consultations, and I am confident that a meaningful programme will work out to mutual satisfaction and benefit.

In accordance with General Assembly resolution 35/2, I now call on the Secretary- General of the Asian-African Legal Consultative Committee, Mr. Sen. NEW YORK 10. At the thirty-fifth session of the General As- sembly, the representative of India, the host country ofour organization, in introducing, at the 34th meeting, the draft resolution in which he proposed that observer status be accorded to the Asian-African Legal Con- sultative Committee, brought to the notice of the General Assembly the relationship that had been gradually developed over a period of 20 years between the United Nations and its various organs and agencies and the Consultative Committee. On behalf of the sponsors of the draft r~solution, he expressed the hope that, with the formalization of its observer status, relations between the Committee and the United Nations would be further strengthened. During its thirty-sixth session, in resolution 36/38, the General Assembly extended its congratulations to the Committee on its twenty-fifth anniversary for its highly commendable work in promoting interregional as well as international co-operation in support of the efforts of the United Nations in this regard. In the same resolution, the General Assembly requested the Secretary-General to carry out consultat~onswith the Secretary-General of the Committee with a view to fUfther strengthening the co-operation between the two organizations and widening the scope of such co- operation. In pursuance of that resolution, consulta- tions have been in progress, and it might be appro- priate for me to indicate some of the broad areas in which we envisage meeting the desired objectives. 11. As I had occasion to mention in my statement to the Assembly last year [63rd meeting], the Asian- African Legal Consultative Committee, which had emerged as the only intergovernmental organization embracing the two sister continents of Asia and Africa as a tangible outcome of the historic Bandung Conference, had almost from its very inception oriented its activities in a manner which would be supportive of the work of the United Nations. To this end, the Committee has been working in close co- operation with the United Nations and its variolls organs and agencies since 1960. The areas of such co-operation have covered extensive fields, including law, economic relations, environment, the problem of refugees and resources of the ocean and outer space. The Committee has maintained close contacts with the Office of Legal Affairs, as also with the secre- tariat of the United Nations Conference on the Law of the -Sea. It has also collaborated on a number of specific problems and issues with various organs and 13. Since 1961, the Committee has been invited to participate as an observer in the plenipotentiary con- ferences convened by the United Nations. We have taken advantage of such invitations, and our main role has been to assist in the process through the preparation of studies and documentation and by arranging for exchanges of views in preparation for the conferences. Such assistance proved to be par- ticularly useful in regard to conferences on diplomatic relations, State succession and the law of treaties, but perhaps most of all on the law of the sea. Over the past decade, we have closely followed and assisted in the negotiations on this subject and have made our forum readily available for a continuing dialogue between the developing countries and the indus- trialized nations on a number of crucial issues. In fact, some of the major concepts, such as those of the exclusive economic zone and archipelagic States, have their origin in the deliberations within our organi- zation. Furthermore, on several occasions when the United Nations Conference on the Law of the Sea has been faced with difficulties in proceeding with the negotiations, the Committee has proved to be an important forum which has offered opportunities for informal consultations on resolving the differences. 14. It is therefore a matter of particular satisfaction for us that the Conference succeeded this year in adopting a Convention by an overwhelming majority, thus giving to the world a new order of the oceans representing a package which has emerged out of an arduous process of negotiations spread over a number of years. We feel confident that the Convention will be signed by a large number of States during the final session of the Conference next month in Jamaica, 15. Another area of the United Nations work pro- gramme 'in which we remain greatly interested is that of the global negotiations on international economic co-operation in the context of the Declaration on the Establishment ofa New International Economic Order [resolution 3201 (S-VI)] and the Charter of Economic Rights and Duties of States [resolution 3281 (XXIX)].. We consider that in almost every field of economic co-operation, legal, economic and political considera- tions are so inextricably interwoven that any reason- able and effective solution to the problems can be achieved only through a judicious blending of all three elements. Whilst political will remains the paramount factor in all negotiations, economic feasibility deter- mines the substance, and the legal framework is an essential instrument for carrying into effect the political will and determination of nations. Therefore, it seems to us that, while a dialogue at the political level for the commencement of the global negotiations is being pursued, adequate preparation for technical support is equally necessary. In this context, we have taken the initiative for the convening of an informal meeting for a £eneral exchange of views in March this year under the chairmanship of Mr. Taieb Slim, and I am happy to report that some fnHow-up action is already in progress. 16. Apart from our ongoing programme of work in support of the United Nations as I have just indicated it, another area in which we might be in a position to assist is in the matter of accession to or ratification of conventions which are adopted under the auspices of the United Nations and its various agencies. It has been noted that, even though a large number of mul- tilateral conventions have been adopted after a great deal of preparatory work and protracted debates, it is a time-consuming process before they can be brought into force through accession or ratification by the requisite number of States. This has often been frustrating, and there can be no doubt that some efforts are needed to remedy the situation. Judge

We have heard with great interest the statements made by the Under-Secretary- General of the United Nations and the Secretary- General of the Asian-African Legal Consultative Com- mittee. We are grateful for their report on the ongoing co-operative activities between the United Nations and the Consultative Committee. 19. The Asian-Mrican Legal Consultative Com- mittee, composed of experts from the member States, was established in 1956 with the primary objective of assisting the Asian and African countries in the field of international law. The work of the Committee in various areas of international law-the law of treaties, environment, outer space, international trade, economic relations, commercial arbitration and other areas, above all, in the law of the sea-has more than justified the expectations of its founding fathers. 20. By now, the Consultative Committee has acquired the status of a premier intergovernmental organization in the field of progressive development and codification of international law. under the dynamic leadership of its Secretary-General, Mr. Sen. 21. It is a recognition of the value and quality of the work of the Consultative' Committee that its annual sessions have been attracting, besides its own mem- ber States which now number about 40 in all, an increasing number of Stat~s from aH parts of the world and representatives from the United Nations and its specialized agencies and other intergovern- mental bodies. Furth~r, it .has become a welcome tra- dition for the Secretary-General of the Committee th~ cause of world peace and order. 25. Accordingly, I have great pleasure, on behalf of lhe sponsors, Egypt, India, Indonesia, Iraq, Japan, Mongolia and Sri Lanka, in introducing draft reso- lution A/37/L.I0. I commend it to the General As- sembly for adoption by consensus. 26. Mr. KOROMA (Sierra Leone): Some two years ago, the Asian-African Legal Consultative Com- mittee W8.S formally accorded observer status in this Organization, thereby consummating a fruitful relatnonship that had been going on for a period of 20 years between the United' Nations and the Con- sultatnve Committee. This year, thl': Committee enters its second quartet century after some 25 years of higiJt1y commendable contributions to the codifica- tion and progressive. development of international law. . , 27. During many of those yea~.s, the Consultative Committee haB been headed by Mr. Sen, a man of exceptional intellectuai and professioral talent who also combines idealism with action. My delegation would like to p2,y a warm tribute to him for his dis- tinguished ~md productive leadership of the Com- mittee and for the comprehensive report on the activities of the Committee that he has· so ably pre- sented. . 32. Thus, the Consultative Committee has been not only complementary to but supportive of the work of the Organization in its efforts at encouraging the pro- gressive development of international law and its codification, in its reaffirmation of faith in the dignity and worth of the human person aild in the promotion of social progress and better standards of life in larger freedom. 33. It is therefore in the interests of the Members of the Organization that the existing areas ofco-operation with the Consultative Committee be not only main- tained but further strengthened in tangible terms. as the S~cretary-General of the Committee has himself recommended.

The existing co-operation between the Asian-African Legal Consultative Committee and Hie United Nations and its various bodies concerned with legal matters is indeed fruitful and constructive. We thank the Secretary-General of the Consultative Com- mittee for his report in this respect and we hope that this co-operation will be increased and strengthened. 35. Mr. Sen. the Secretary-General of the Con- sultative Committee~ and others who have spoken before me have given their views on the various areas this co-operation should cover and on the ways and means of strengthening and intensifying it. We hope that these valuable comments will find a response, Phi1ippin~s and the United Republic of Tanzania [see A/37/L. ID/Add. I]. 39. As representatives will recall, the representative of India, speaking on behalf of the sponsors of this draft resolution, asked that the Assembly adopt the draft resolution by consensus. Can I assume that the General Assembly wishes to adopt the draft resolu- tion contained in document A/37/L.1O and Add.! by consensus? The draft resolution was adopted (resolution 37/8).

I should like to propose that the list of speakers be closed at 5 p.m. today. It was so decided. . 41. Mr. AL-ZAHAWI (Iraq): The international community has already strongly and unanimously condemned the Israeli armed attack on the Iraqi nuclear installations as an unprecedented act of aggression with far-reaching adverse consequences for the established international system. However, as the Secretary-General rightly pointed out in his report on the work of the Organization, the adoption of a resolution does not absolve the Members of the United Nations from further responsibility for the subject in question [see A/37/1, p. 3]. 42. As for the agenda item before us, it is incumbent upon the Assembly to look into the implications and consequences of this act of aggression, whiCh not only was an attack against the very principle ofinternational security, but also established a precedent which brought the world closer to the brink of a nuclear holocaust. prev~m the aggressor from repeating its act of aggression. 44. There is near-unanimous agreement that the Israeli act of aggression has gravely affected the functions of the IAEA, the Treaty on the Non- Proliferation of Nuclear Weapons, the development of nuclear energy for peaceful purposes, the security of peaceful nuclear facilities, the sovereign rights of States to scientific and technological progress, "the inalienable human rights to social and economic development, the foundations of the disarmament process 'and, above all, the sovereign viability of nations and the principle of international security. 45. The consequences of the Israeli act of aggres- sion are far-reaching and wide-ranging; they comprise political, economic, technical, social and legal aspects which call for comprehensive study by qual- ified experts from each field. Then, too, there is unani- mous recognition of the necessity to ensure against the repetition of such an attack on nuclear facilities by Israel or any other State. The interna~ional com- munity should be called upon to adopt.whatever legal measures are necessary at the international level to prohibit attacks ,against nuclear facilities. 46. These wider aspects of the Israeli attack should in no way divert the attention of the United Nations and the international community at large from the specific consequences of Israel's act of aggression in the region and from the Zionist aims and policies which motivated that attack. Nor should we forget for an instant that Israel itself is a de facto nuclear Power which has persistently refused to place its nuclear facilities under international safeguards. 47. T!lere are numerous independent reports which validate Israel's stockpile of atomic weapons. For the present, I shall1imit myself to references to only two such reports. A lJnited States Central Intelligence Agency memorandum entitled "Prospects for Further Proliferation of Nuclear Weapons", dated 4 Septem- ber 1974 and released on 26 January 1978, coneluded that Israel had produced atomic weapons. The con-' elusion was based-in the wQrds of the memoran- dum-on "Israeli acquisition of large quantities of uranium, partly by clandestine means; the ambiguous nature of Israeli efforts in the field of uranium enrich- " ment; and Israel's large investment in a costly missile system designed to accommodate nuclear 'warheads." 48. Further evidence was disclosed in a book published in London earlier this year, entitled Two Minutes Over Baghdad. The authors of the book state that during the 1973 war there were indications that Dayan gave an order secretly to put in combat readiness, for the 'first time, Israeli-made Jericho SS missiles, carrying nuclear warheads, as well as Kfir and. Phantom bomber fighters equipped with nueleat: devices, and that, altogether, 13 Israeli-made nuclear weapons were put ,on alert. 59. Meanwhile, the same super-Power's protege, Israel, which has ovor the past 34 years flagrantly and persistently v!oiated all the rules of international law and bas~c human rights and reneged on its interna- tional commitments, continues to escalate its aggres- sion with impunity. The super-Power further indicates its readiness to wreck vital international organizations for the sake ofprotecting the presence ofits monstrous protege's delegations in those organizations, which the protege itself is destroying by its incessant attacks aga;nst them and all that they stand for. Was there ever a more blatant example of hypocrisy and double standards on the part of a great Power,vhich also proclaims itself to be an arbiter of the standards of international morality? 60. The position of the United States concerninr- the Security Council resolution on the Israeli attack on the Iraqi nuclear centre could be considered as a perfect case study of what the Secretary-General meant by the tendency "for Governments to act as though the passage of a resolution absolved them from further responsibility for the subject in ques- tion." He stressed that "reso~utions, particuiarly those unanimously adopted by the Security Council, should serve as a springboard for governmental support and determination and should motivate their policies outside the United Nations" [see .4/37/1, p.3]. 61. Security Council resolution 487 (1981) on the military attack by Israel was adopted unanimously. Israel totally rejected the provisions of the resolution. When the item before us was included in the agenda of the thirty-si~~h session of the Assembly, the United States alone stood with Israel in opposing its con- sideration. During the discussion of the item at that session, the representative of the United States stated [54th meeting], that since the Council had arrived at the satisfactory conclusion of a unanimous vote, her Government believed th"~ no useful purpose would be ~~rved ~y continuinE-~ .b.e debate iD the Assembly. The matter had alreal.;j .been dealt with in a construc- tive fashion in the Council, she said, and 8.!l members of the Security Council supported that procedure on this subject. In her Government's vi'ew. action by the General Assembly on this topic does not c'<J'ntribute to the "ause of peace in the Middle East. 62. Meanwhile, Israel still adamantly refuses to place its nuclear facilities under IAEA safeguards and refuses to entertain any consid~ration of appropr!ate redress for the damage its aggression has caused. Above all, its threat to repeat such attacks still stands. 63. Soon after the attack on the Iraqi centre, the Zionists bombed civilian areas in Beirut, killing 385 and wounding more than 600. Instead of honestly pursuing t'le investigation of whether Israel had violated the Un~ted States arms supply agreements by its attacks on Baghdad and Beirut, the United t~chnological edge explains the silence of the United States towards Israel's clandestine nuclear activities. 67. As for Israel's "defensive strength", that strength was put on full display, for the whole world to see how effective it was, in Israei's so-called defensive attack on the nuclear reactor and in Israel's "defensive" invasion of Lebanon. 68. In spite of all this, the representative of i:he United States is deeply concerned that action by the General Assembly on this item concernir: ": the Israeli attack does not contribute to the :"~ ....se of pe~ce in the Middle East.

Israelis military attack in June 1981 on the nuclear installations of Iraq is an issue that, despite the passagt; of time, has main- tained its s!gn!ficance and all its relevance. We speak today to emphasize once again the principles that in . our view were involved in the destruction of Iraqi nuclear facilities by Israel more than a year ago. 70. In reiteration of our position, which we have had the occas!on before to present in detail both in the Security Council4 and in the Assembly at the last session [53rd meetingl, I should like to recall the main elements uf the Government of Turkey's re- sponse to Israel's unprovoked military attack on Iraq's nuclear research centre. 71. Turkey condemned Israel's attack uncondi- tionally and characterized it as completely unjustified and as contiary to and a serious violation of the Charter of the United Nations and of international law. Turkey perceived Israel's use of force as con- stituting a grave danger to security in the already turbulent region, and as yet another act of aggression by Israel, further impairing the fragile prospects for peace in the Middle East. Turkey rejected the validity of all arguments presented by Israel purporting to explain and justify its military attack on the Iraqi nuclear centre. We found Israel's clatm to have acted in self-defence under Article 51 of the Charter espe- cially unacceptable. Turkey demanded that Israel make prompt and adequate reparations to Iraq for the damage it had ,caused as a result of its military attack. W theeapToTnesaty[ onI t~hen 2N37.°'3n-p(XroXI[ifi1e)raatinonnexo]f wNeUcnleoat~ abpYatrhthee'?dthree'rg].mstreatweghil~ChalluYsl.onfg tthhee sI!:nmitee~aSr'gtautmese'nttsh,~ , reso U 10 '."-1 ., i;1, that Iraq adheres to that TreatY" and submits all its as its Zionist partners, illegally occupies Namibia and activities in the field of nuclear energy to IAEA part of the territory of the People's Republic of safeguards. Angola and practises a systematic policy of aggres- 77. The fraternal people ofIraq have been victimized, sion against its neighbours, the front-line States. and we support their cause and their right to use 84 ' When the international community asked that nuclear energy for peaceful purposes. We know that the sanctions provided for in the Charter of the United the industrious people of Iraq wiH not be deterred in Nations be -imposed against the obstinate Zionist their determination to put nuclear energy to peaceful aggressors, the leaders of the United States opposed c~ntre could have extremely serious consequences regarding the utilization of nuclear energy for peace- ful purposes, the non-proliferation of nuclear weapons and international peace and security. The Israeli raid on the Iraqi research centre, which is under IAEA safeguards, was clearly an attempt t<, jeopardize the Treaty on the Non-Proliferation of Nuclear Weapons, to which Iraq is a party and to which Israel obstinately refuses to accede. 99. Israel's assertions to the effect that lAEA controls are not sufficiently effective or reliable are simply a strategem of the Israeli military and have been roundly rejected by world public opinion. The statements made by a number of countries in the United Nations and IAEA have clearly indicated that the piratical action of Tei Aviv was aimed at under- mining the effectiveness of international control. 100. The Soviet delegation would like to emphasize once again that the Treaty on the Non-Proliferation of Nuclear Weapons, which is the foundation of the international non-proliferation regime, has proved its viability and its effectiveness. It helps to maintain stability in contemporary international relations, and it provides a basis for the development of broad international cOEoperation in the peaceful use of nuclear energy. We should also emphasize that a sound system of non-proliferation guarantees is indispensable to the future successful development of this co-operation. 101. . We believe that Israel's aggression against the Iraqi nuclear centre has brought into sharp relief the danger inherent in Isra.el's refusal to adhere to the Treaty on the Non-Proliferation of Nuclear Weapons. Israel's nuclear ambitions have for more than a year now been on the agenda of the United Nations. They were categorically condemned by the General As- sembly, which declared it imperative that Israel place all its nuclear installations,under IAEA safeguards and requested the Secnrity Council to take effective steps to ensure implementation of the resolutions relating to Israel's nuclear armaments. 102. Israel's stubborn refusal to comply with those United Nations resolutions eloquently demonstrates that its real purpose is to establish its own nuclear superiority in the Middle East region. NOTES I United Nations publication, Sales No. E.77.V.6.