A/72/PV.67 General Assembly

The General Assembly will consider the reports of the Sixth Committee on agenda items 78 to 87, 109, 121, 137, 146 and 166 to 175. I request the Rapporteur of the Sixth Committee, Mr. Peter Nagy of Slovakia, to introduce the reports of the Committee in one intervention. Mr. Nagy (Slovakia), Rapporteur of the Sixth Committee: I have the honour to present the reports of the Sixth Committee on its work during the seventy- second session of the General Assembly. The Assembly allocated to the Committee 22 substantive and three procedural agenda items. Except for the item relating to the election of officers, all those agenda items fall under three of the headings corresponding to the priorities of the Organization, namely, “Promotion of justice and international law”, “Drug control, crime prevention and combating international terrorism in all its forms and manifestations” and “Organizational, administrative and other matters”. I will introduce the reports of the Sixth Committee on the various items in the order in which they fall under those three headings. I shall begin with the first heading, “Promotion of justice and international law”, under which the Sixth Committee considered 10 agenda items and adopted 11 draft resolutions recommended to the General Assembly for adoption. I first invite the Assembly to consider agenda item 78, “Criminal accountability of United Nations officials and experts on mission”. The report on this agenda item is contained in document A/72/457, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 7 thereof. The draft resolution affirms and further elaborates on the various measures, adopted in previous resolutions, aimed at ensuring the criminal accountability of United Nations officials and experts on mission and sets out a variety of mechanisms intended to increase and enhance the information enabling Member States to address the topic. The report on agenda item 79, “Report of the United Nations Commission on International Trade Law on the work of its fiftieth session”, is contained in document A/72/458. The Sixth Committee recommended two draft resolutions for adoption by the General Assembly, which are reproduced in paragraph 10 of the report. Under the terms of draft resolution I, the General Assembly would, inter alia, take note with interest of the decisions taken by the Commission with regard to its future work and the progress made by the Commission in its work in several areas. In particular, the General Assembly would commend the Commission for the finalization and adoption of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Transferable Records and of the Guide to Enactment of the UNCITRAL Model Law on Secured Transactions. Draft resolution II relates specifically to the Model Law on Electronic Transferable Records. By its terms, the General Assembly would, inter alia, recommend that all States give favourable consideration to the UNCITRAL Model Law when revising or adopting legislation relevant to electronic commerce and invite States that have used it to advise the Commission accordingly. The report on agenda item 80, “United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law”, is to be found in document A/72/459. The draft resolution is reproduced in paragraph 7 thereof. Under the terms of the draft resolution, the General Assembly would, inter alia, note with satisfaction that resources have been provided under the programme budget for the organization of the regional courses in international law on an annual basis and for the further development of the audiovisual library of international law. The Assembly would also authorize the Secretary-General to carry out the activities specified in his report on this item. The report on agenda item 81, “Report of the International Law Commission on the work of its sixty- ninth session”, is contained in document A/72/460, and the draft resolution is reproduced in paragraph 8 of the report. Under the draft resolution, the General Assembly would, inter alia, express its appreciation to the Commission for the work accomplished at its sixty-ninth session, including the completion, on first reading, of the draft articles on crimes against humanity, and recommend that it continue its work on the topics in its current programme. Furthermore, the General Assembly would decide that the next session of the Commission be held at United Nations Headquarters in New York from 30 April to 1 June 2018, and at the United Nations Office at Geneva from 2 July to 10 August 2018. It would also take note of the fact that the Commission is to commemorate its seventieth anniversary next year and encourage States to make voluntary contributions to the Trust Fund for the Office of Legal Affairs to Support the Promotion of International Law to facilitate the commemoration of the anniversary. The report on agenda item 82, “Expulsion of aliens”, is contained in document A/72/461. Under the terms of the draft resolution, which is reproduced in paragraph 6 of the report, the Assembly would, inter alia, take note of the articles on the expulsion of aliens presented by the International Law Commission, acknowledge the comments expressed by Governments in the Sixth Committee at the seventy-second session of the General Assembly on the subject, and decide to include the agenda item in the provisional agenda of its seventy-fifth session, with a view to examining, inter alia, the question of the form that might be given to the articles or any other appropriate action. The report on agenda item 83, “Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization”, is contained in document A/72/462. The related draft resolution is reproduced in paragraph 9 thereof. Under the terms of the draft resolution, the Assembly would, inter alia, request the Special Committee to consider the question of the maintenance of international peace and security in all its aspects and the question of the implementation of the provisions of the Charter of the United Nations relating to assistance to third States affected by the application of sanctions and to keep on its agenda the question of the peaceful settlement of disputes among States. Moreover, it would decide to undertake an annual thematic debate in the Special Committee to discuss the means for the settlement of disputes and invite Member States to focus their comments at the next session of the Special Committee on the subtopic “Exchange of information on State practices regarding the use of negotiation and enquiry”. The report on agenda item 84, “The rule of law at the national and international levels”, is contained in document A/72/463. Under the terms of the draft resolution, which is reproduced in paragraph 9 of the report, the Assembly would recognize the role of multilateral treaty processes in advancing the rule of law, recall the obligation of Member States, under Article 102 of the Charter, to register with the Secretariat every treaty and every international agreement they enter into, express appreciation for the efforts by the Secretariat and by Member States to support activities aimed at ensuring the implementation of this obligation, and invite Member States, as well as the Secretary-General, to suggest possible subtopics for future Sixth Committee debates for inclusion in the forthcoming annual report, with a view to assisting the Sixth Committee in choosing future subtopics. The report on agenda item 85, “The scope and application of the principle of universal jurisdiction”, is contained in document A/72/464. Under the terms of the draft resolution reproduced in paragraph 9 of the report, the General Assembly would decide that the Sixth Committee shall continue its consideration of the matter next year, including in the context of a working group of the Sixth Committee, which would further undertake a thorough discussion of the item. The report on agenda item 86, “Effects of armed conflicts on treaties”, is contained in document A/72/465, and the draft resolution is reproduced in paragraph 6 of the report. Under the terms of this draft resolution, the Assembly would express its appreciation to the International Law Commission for its continuing contribution to the codification and progressive development of international law, emphasize the value of the articles on the effects of armed conflicts on treaties in providing guidance to States, invite States to use the articles as a reference whenever appropriate, and decide to revert to the question of the effects of armed conflicts on treaties at an appropriate time. The report on agenda item 87, “Responsibility of international organizations”, is contained in document A/72/466, and the draft resolution is reproduced in paragraph 7 thereof. Under the terms of the draft resolution, the General Assembly would, inter alia, request the Secretary-General to update the compilation of decisions of international courts, tribunals and other bodies referring to the articles and invite Governments and international organizations to submit information on their practice in this regard well in advance of its seventy-fifth session. The General Assembly would also decide to include the item in the provisional agenda of its seventy-fifth session, with a view to examining, inter alia, the question of the form that might be given to the articles. I shall now turn to the second heading, “Drug control, crime prevention and combating international terrorism in all its forms and manifestations”, under which the Sixth Committee considered agenda item 109, “Measures to eliminate international terrorism”. The relevant report is contained in document A/72/467, and the draft resolution recommended to the General Assembly for adoption is reproduced in paragraph 9 thereof. Under the terms of the draft resolution, the General Assembly would, inter alia, decide to recommend that the Sixth Committee, at the seventy- third session, establish a working group with a view to finalizing the process on the draft comprehensive convention on international terrorism, as well as discussions on the item included in its agenda by resolution 54/110, concerning the question of convening a high-level conference under the auspices of the United Nations. The General Assembly would also recognize the valuable dialogue and efforts of Member States towards resolving any outstanding issues and encourage all Member States to redouble their efforts during the intersessional period. Under the third and final heading, “Organizational, administrative and other matters”, the Sixth Committee considered 11 substantive and 2 procedural items. Agenda item 146, “Administration of justice at the United Nations”, was allocated to the Fifth and Sixth Committees. The views of the Sixth Committee on this item were transmitted to the Fifth Committee in a letter from the President of the General Assembly dated 26 October and are annexed to document A/C.5/72/10. The report on agenda item 166, “Report of the Committee on Relations with the Host Country”, is contained in document A/72/469. Under the draft resolution recommended to the General Assembly for adoption, which is reproduced in paragraph 9 of the report, the Assembly would, inter alia, urge the host country to address the alleged violations and to remove any restrictions inconsistent with those privileges and immunities applied to the premises of a Permanent Mission, and in that regard ensure respect for such privileges and immunities, and request the Committee to continue its work in conformity with resolution 2819 (XXVI). Furthermore, the Sixth Committee considered nine requests for observer status in the General Assembly. It recommended that the Assembly grant observer status in the General Assembly to the International Network for Bamboo and Rattan, agenda item 170; the Association of Southeast Asian Nations plus China, Japan and the Republic of Korea (ASEAN+3) Macroeconomic Research Office, agenda item 171; the Eurasian Group on Combating Money Laundering and Financing of Terrorism, agenda item 172; and the Fund for the Development of the Indigenous Peoples of Latin America and the Caribbean, agenda item 175. The reports concerning those requests are found in documents A/72/473, A/72/474, A/72/475 and A/72/468, respectively, and the relevant draft resolutions are reproduced in paragraph 7 thereof. The Committee recommended further that the Assembly defer to the seventy-third session the taking of a decision on the requests for observer status in the General Assembly for the Cooperation Council of Turkic-speaking States, agenda item 167; the Eurasian Economic Union, agenda item 168; the Community of Democracies, agenda item 169; the Ramsar Convention on Wetlands Secretariat, agenda item 173; and the Global Environment Facility, agenda item 174. The reports on those requests are contained in documents A/72/470, A/72/471, A/72/472, A/72/476 and A/72/477, respectively, and the relevant draft decisions are reproduced in paragraph 8 thereof. Concerning the two procedural items, namely, agenda item 121, “Revitalization of the work of the General Assembly”, and agenda item 137, “Programme planning”, the report under agenda item 121, containing the provisional programme of work of the Sixth Committee for the seventy-third session, is to be found in document A/72/482. The draft decision, by which the Assembly would adopt the provisional programme of work, is reproduced in paragraph 6 of the report. The report on agenda item 137 is contained in document A/72/487, and no further action by the Assembly is recommended. The draft resolutions and the draft decisions relating to the agenda items under all three headings were adopted by the Sixth Committee without a vote, and it is my hope that the General Assembly will be in a position to do the same. Finally, I wish to inform the Assembly that there is no report in respect of agenda item 5, “Election of the officers of the Main Committees”. Consistent with previous practice, the election of the officers of the Sixth Committee for the seventy-third session will be taken up at a later stage in the course of the current session. That concludes my introduction of the reports of the Sixth Committee. Let me take this opportunity to express my gratitude to the Chairperson of the Sixth Committee, Ambassador Burhan Gafoor of Singapore, for his dedicated work and for the commendable leadership that he provided to the Committee, as well as the other members of the Bureau, Mr. Duncan Laki Muhumuza of Uganda, Ms. Carrie McDougall of Australia and Mr. Ángel Horna of Peru, for their cooperation. It has been a privilege to have been a member of this Bureau. I also wish to thank all representatives and colleagues for their valuable contributions to the success of the session. Finally, I would like to express my gratitude and appreciation to the secretariat of the Sixth Committee and to the Codification Division of the Office of Legal Affairs for its efficient and valuable support and for the competent and professional advice provided throughout the session.

I thank the Rapporteur of the Sixth Committee. The positions of delegations regarding the recommendations of the Sixth Committee have been made clear in the Committee and are reflected in the relevant official records. Therefore, if there is no proposal under rule 66 of the rules of procedure, I shall take it that the General Assembly decides not to discuss the reports of the Sixth Committee that are before the Assembly today.

May I remind members that, under paragraph 7 of decision 34/401, the General Assembly agreed that when the same draft resolution is considered in a Main Committee and in plenary meeting, a delegation should, as far as possible, explain its vote only once, that is, either in the Committee or in plenary meeting, unless that delegation’s vote in plenary meeting is different from its vote in the Committee. May I also remind delegations that explanations of vote are limited to 10 minutes and should be made by delegations from their seats. Before we begin to take action on the recommendations contained in the reports of the Sixth Committee, I should like to advise representatives that we are going to proceed to take decisions in the same manner as was done in the Committee, unless the Secretariat is notified otherwise in advance. I therefore hope that we may proceed to adopt without a vote those recommendations that were adopted without a vote in the Committee. Members are reminded that additional sponsors are no longer accepted now that draft resolutions and decisions have been adopted by the Committee. Any clarification about sponsorship should be addressed to the Secretary of the Committee.

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 78?

The Assembly has before it two draft resolutions recommended by the Sixth Committee in paragraph 10 of its report. We first turn to draft resolution I, entitled “Report of the United Nations Commission on International Trade Law on the work of its fiftieth session”. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

We now turn to draft resolution II, entitled “Model Law on Electronic Transferable Records of the United Nations Commission on International Trade Law”. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 79?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I consider that the Assembly wishes to do likewise?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 80?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 8 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 81?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 6 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted the draft resolution without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 82?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 9 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 83?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 9 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

I now call on the representative of the Syrian Arab Republic, who wishes to speak in explanation of position on the resolution just adopted.

With regard to resolution 72/119, under agenda item 84, “The rule of law at the national and international levels”, my delegation once again expresses its reservation with regard to the text of paragraph 3, which refers to the report of the Secretary- General issued as document A/72/268. Our reservation primarily concerns the reference in paragraph 60 of the report, under subsection C, “Other international accountability mechanisms”, of section III, “Promotion of the rule of law at the international level”. My delegation believes that what is stated in subsection C, paragraph 60 — that is, the establishment of the so-called International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 — is a grave legal error that should be corrected. The delegation of the Syrian Arab Republic addressed to the Secretary- General a letter, contained in document A/71/799, which sets out the serious legal weaknesses in resolution 71/248, which was not adopted by consensus, and in the process of the adoption of the resolution. The letter also sets out the serious repercussions of the dubious insistence on establishing such an unlawful Mechanism, which is a breach of the rule of law at the national and international levels. It is a deliberate distortion of jurisdictions and their principles and provisions. The Sixth Committee is also well aware that the United Nations provides legal or judicial technical assistance to a Member State following a request for such assistance submitted by the Member State concerned. Since the Mechanism has been established, no such request has been made. Finally, the Syrian Arab Republic and many other Member States have not recognized and will not recognize or cooperate with the Mechanism, and that is the case for many legal reasons. I will now highlight the most important of them. First, the Mechanism cannot be considered to be a subsidiary body established by the General Assembly because the Assembly does not have the authority to establish such bodies. The Security Council alone has this authority. Secondly, the Mechanism cannot be deemed a legal entity, nor can the decisions to appoint a president and vice-president and to establish a secretariat for the Mechanism be anything but illegal and void. Thirdly, the Mechanism cannot conclude agreements with States Members of the United Nations or other entities. The United Nations cannot accept donations or allocate a budget to support its establishment and functioning. Furthermore, information or evidence collected, preserved and analysed by the Mechanism will not be admissible in any future criminal proceedings. My delegation requests that the paragraph be deleted from the report and that no references be made to the illegitimate Mechanism in reports issued by the Sixth Committee. It also requests that the Sixth Committee and the General Assembly disassociate themselves from the issue altogether. We call on the Chairperson of the Sixth Committee, the Secretariat and the Office of Legal Affairs to halt the unjustifiable and inconsistent insertion of references to the Mechanism in reports, documents, resolutions, draft resolutions and potential draft resolutions to be issued by the Committee. In conclusion, I would like to take this opportunity to again express my delegation’s appreciation to the Chairperson of the Sixth Committee, the Permanent Representative of Singapore, for his acumen and leadership in guiding the work of the Committee during the current session.

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 84?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 9 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 85?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 6 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 86?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 87?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 9 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 109?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 9 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do likewise?

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 166?

The Assembly has before it a draft decision recommended by the Sixth Committee in paragraph 8 of its report. We will now take action on the draft decision. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 167?

The Assembly has before it a draft decision recommended by the Sixth Committee in paragraph 8 of its report. We will now take action on the draft decision. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 168?

The Assembly has before it a draft decision recommended by the Sixth Committee in paragraph 8 of its report. We will now take action on the draft decision. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 169?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 7 of its report. We will now take action on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 170?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 7 of its report. We will now take action on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 171?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 172?

The Assembly has before it a draft decision recommended by the Sixth Committee in paragraph 8 of its report. We will now take action on the draft decision. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 173?

The Assembly has before it a draft decision recommended by the Sixth Committee in paragraph 8 of its report. We will now take action on the draft decision. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 174?

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 7 of its report. We will now take a decision on the draft resolution. The Sixth Committee adopted it without a vote. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 175?

The Assembly has before it a draft decision recommended by the Sixth Committee in paragraph 6 of its report. We will now take action on the draft decision, entitled “Provisional programme of work of the Sixth Committee for the seventy-third session”. The Sixth Committee adopted it. May I take it that the Assembly wishes to do the same?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 121?

May I take it that the General Assembly wishes to take note of the report of the Sixth Committee? It was so decided (decision 72/529).

The Assembly has thus concluded this stage of its consideration of agenda item 137. On behalf of the General Assembly, I would like to thank His Excellency Mr. Burhan Gafoor, Permanent Representative of Singapore, Chairperson of the Sixth Committee, members of the Bureau and delegations for a job well done. The General Assembly has thus concluded its consideration of all the reports of the Sixth Committee before it. Before adjourning the meeting, I would like to inform members that the consideration of the following agenda items, originally scheduled for Monday, 11 December, has been postponed to a later date to be announced: agenda item 12, “Improving global road safety”; agenda item 31, “Elimination of unilateral extraterritorial coercive economic measures as a means of political and economic compulsion”; agenda item 32, “Support by the United Nations system of the efforts of Governments to promote and consolidate new or restored democracies”; agenda item 33, “The role of diamonds in fuelling conflict”; agenda item 34, “Prevention of armed conflict”; agenda item 35, “Protracted conflicts in the GUAM area and their implications for international peace, security and development”; agenda item 36, “Zone of peace and cooperation of the South Atlantic”; agenda item 40, “The situation in the occupied territories of Azerbaijan”; sub-item (b) of agenda item 114, “Election of the Executive Director of the United Nations Human Settlements Programme”; sub-item (c) of agenda item 114, “Election of two members of the Organizational Committee of the Peacebuilding Commission”; sub-item (g) of agenda item 115, “Appointment of members of the Board of the 10-Year Framework of Programmes on Sustainable Consumption and Production Patterns”; sub-item (i) of agenda item 115, “Appointment of the judges of the United Nations Dispute Tribunal”; agenda item 125, “Cooperation between the United Nations and regional and other organizations: cooperation between the United Nations and the African Union”; and agenda item 128, “International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991”.