A/RES/2328(XXII) GA
Question of diplomatic privileges and immunities : resolution / adopted by the General Assembly
22
Session
101
Yes
0
No
1
Abstentions
| Draft symbol | A/RES/2328(XXII) |
|---|---|
| Adopted symbol | A/RES/2328(XXII) |
| P5 Positions |
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| UN Document | A/RES/2328(XXII) ↗ |
Vote Recorded Vote — A/PV.1637
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Afghanistan
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Algeria
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Argentina
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Australia
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Austria
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Belgium
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Plurinational State of Bolivia
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Brazil
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Bulgaria
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Myanmar
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Burundi
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Belarus
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Cambodia
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Cameroon
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Canada
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Central African Republic
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Sri Lanka
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Chad
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Chile
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China
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Democratic Republic of the Congo
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Cuba
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Cyprus
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Czechoslovakia
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Benin
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Denmark
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Dominican Republic
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Ecuador
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Ethiopia
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Finland
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France
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Gabon
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Ghana
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Guinea
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Guyana
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Haiti
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Honduras
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Hungary
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Iceland
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India
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Indonesia
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Islamic Republic of Iran
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Iraq
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Ireland
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Israel
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Italy
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Côte d'Ivoire
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Jamaica
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Japan
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Jordan
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Kenya
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Lao People's Democratic Republic
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Liberia
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Libya
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Luxembourg
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Madagascar
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Malawi
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Malaysia
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Malta
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Mauritania
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Mexico
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Mongolia
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Nepal
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Netherlands
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New Zealand
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Nicaragua
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Niger
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Nigeria
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Norway
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Panama
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Paraguay
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Peru
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Philippines
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Poland
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Portugal
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Romania
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Rwanda
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Senegal
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Sierra Leone
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Somalia
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South Africa
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Spain
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Sudan
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Sweden
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Syrian Arab Republic
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Thailand
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Togo
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Trinidad and Tobago
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Tunisia
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Türkiye
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Ukraine
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Union of Soviet Socialist Republics
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Egypt
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United Kingdom of Great Britain and Northern Ireland
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United Republic of Tanzania
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United States of America
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Burkina Faso
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Uruguay
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Bolivarian Republic of Venezuela
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Yugoslavia
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Zambia
Full text of resolution
Resolutiona adopted on the reports of the Sixth Committee
2327 (:XX:Il).
Consideration of principles of
international law concerning friendly rela-
tions and co-operation among States in
accordance with the Charter of the United
Nations
The General Assembly,
Recalling its resolutions 1815 (XVII) of 18 De-
cember 1962, 1966 (XVIII) of 16 December 1963,
2103 (XX) of 20 December 1965 and 2181 (XXI)
of 12 December 1966, which affirm the importance of
the progressive development and codification of the prin-
ciples of international law concerning friendly rela-
tions and co-operation among States,
Recalling further that among the fundamental pur-
poses of the United Nations are the maintenance of in-
ternational peace and security and the development of
friendly relations and co-operation among States,
Considering that the faithful observance of the prin-
ciples of international law concerning friendly relations
and co-operation among States in accordance with
the Charter of the United Nations is of paramount im-
porta!1ce for the maintenance of international peace and
securtty and the improvement of the international
situation,
Considering further that the progressive development
and codification of those principles, so as to secure
their more effective application, would promote the
realization of the purposes of the United Nations,
Bearing in mind that the Second Conference of Heads
of State or Government of Non-Aligned Countries,
which met at Cairo in 1964, recommended to the Gen-
eral Assembly the adoption of a declaration on these
principles as an important step towards the enhance-
ment. ?f the role of international law in present-day
conditions,
Convinced of the significance of continuing the effort
to achieve general agreement in the process of the
elaboration of the seven principles of international law
set fo~th in General Assembly resolution 1815 (XVII),
but without prejudice to the applicability of the rules
o_f procedure of th~ Asse~bly, with a view to the adop-
tion of a declaration which would constitute a land-
mark in the progressive development and codification
of those principles,
Having considered the report of the Special Commit-
tee on Principles of International Law concernin2
Friendly Relations and Co-operation among States "A
which met at Geneva from 17 July to 19 August 1967,
1. Takes note of the report of the Special Commit-
tee on Principles of International Law concerning
Friendly Relations and Co-operation among States ;
2. Expresses its appreciation to that Committee for
the valuable work it has performed;
3 .. Decides to ask the Special Committee, as re-
constituted by,the General Assembly in resolution 2103
(XX), t? meet in 1968 in New York, Geneva ·or any
other smtable place for which the Secretary-General
receives an invitation, in order to continue its work;
4. Requests the Special Committee, in the light of the
debate which took place in the Sixth Committee during
the seventeenth, eighteenth, twentieth, twenty-first and
twenty-second session of the General Assembly and in
the 1964, 1966 and 1967 sessions of the Special Com-
mittee, to complete the formulation of :
8 /bid., agenda item 87, document A/6799.
(a) The principle that States shall refrain in their
international relations from the threat or use of force
against the territorial integrity and political indepen-
d~nce of any State, or in any other manner inconsistent
with the purposes of the United Nations;
( b) The principle of equal rights and self-determina-
tion of peoples;
5. Requests_ the Special Committee to consider pro-
posals compatible with General Assembly resolution
2131 (?CX) of 21 December 1965 on the principle
concernmg the duty not to intervene in matters within
th_e domestic jurisdiciton of any State, in accordance
with the Charter of the United Nations with the aim
of widening the area of agreement alr;ady expressed
in that resolution ;
6. Calls upon the members of the Special Committee
to devote th~ir utmost efforts to ensuring the success
of the ~pec1~l Commit_tee's session, in particular by
undertakmg, m the penod preceding the session such
consultations and other preparatory measures a~ they
may deem necessary ;
7. Requests the Special Committee to submit to the
General Assembly at its twenty-third session a com-
prehensive report on the principles entrusted to it;
_8. Requests the Secretary-General to co-operate
with the Special Committee in its task and to provide
all the services, documentation and other facilities
necessary for its work;
. 9. Decide~ to include in the provisional agenda of
its twenty-th1rd session an item entitled "Consideration
of P:inciples of international law concerning friendly
re!ahons and co-operation among States in accordance
with the Charter of the United Nations".
1637th plenary meeting,
18 December 1967.
2328 (XXII). Question of diplomatic privilegee
and immunities
The General Assembly,
H (11Jing considered the item entitled :
"Question of diplomatic privileges and immunities:
"(a) Measures tending to implement the privileges
and immunities of representatives of Member
States to the principal and subsidiary organs
of the United Nations and to conferences con-
vene~ by th_e_ United Nations and the privileges
and 1mmumhes of the staff and of the Organi-
zation i!self, as well as the obligations of States
concerning the protection of diplomatic per-
sonnel and property ;
"(b) R ffi
.
ea rmatl?n of an important immunity of
r~presentahves of Member States to the prin-
cipal and subsidiary organs of the United
Nations and to conferences convened by the
United Nations",
Recognizing the importance of the work of the organs
?f the United Nations. an~ of conferences convened by
1t an~ also ~f the contribu_tion of the Organization itself
and its officials to the mamtenance of peaceful relations
and co-operation among States,
. Consc~s that the unimpeded functioning of the
d1plomat1c channels for communication and consultation
between Governments is vital to avoid dangerous mis-
understanding and friction,
~ecogniz_ing t~at! for th~ independent exercise of
their functions, 1t 1s essential that representatives of
84
General Auembly-Twenty-second SeHion
Member States, the United Nations itself and its offi-
cials, as well as diplomatic agents, shall enjoy the nec-
essary privileges and immunities,
Recalling that Article 105 of the Ch~rte~ of the
United Nations provides that the Orgamzatto:1. shall
enjoy in the territory of its Members such pnv1leges
and immunities as are necessary for the fulfilment of
its purposes and that represen~atives of the M~m~rs
of the United Nations and officials of the Orgam1..a.t1on
shall similarly enjoy such privileges and in:ununities ~s
are necessary for the independent ex~rc1~e of their
functions in connexion with the Orgamzat10n,
Recalling further that the 1946 Convention on the
Privileges and Immunities ~f _the United_ Nations9 con-
firms and specifies the proV1s1ons of Article 105 of the
Charter and lays down rules, inter alia, regarding the
immunity of the property and the in:71olabili~~ . of the
premises of the Organization, regar~mg fac1lt~1e~ for
its official communications and regardmg the pnv1leges
and immunities of representatives of Members t-0 orga~s
of the United Nations and conferences convened by 1t
while exercising their functions and during their journey
to and from the place of meeting,
Recalling that the rules of i~ter~ational l~w govern-
ing diplomatic relations embodt~d m_ the V~en~ ~n-
vention of 196110 aim at protectmg d1plomat1c m1ss10ns
and diplomatic representatives and otherwise facilitating
their functions,
Conscious of its duty to strengthen by every means
peaceful relations and co-operation among States,
1. Deplores all departures from the rules of interna-
tional law governing diplomatic privilege;; and immu-
nities and the privileges and immunities of the Organi-
zation;
2. Urges States Members of the United Nations
which have not yet done so to accede to the Con-
vention on the Privileges and Immunities of the UniteJ
Nations, adopted by the General Assembly of the United
Nations on 13 February 1946;
3. Urges States Members of the United Nations.
whether or not they have acceded to the Convention
on the Privileges and Immunities of the United Nations,
to take every measure necessary to secure the imple-
mentation of the privileges and immunities accorded
under Article 105 of the Charter to the Organization.
to the representatives of Members and to the officials
of the Organization ;
4. Urges States which have not yet done so to ratify
or accede to the Vienna Convention on Diplomatic-
Relations of 18 April 1961;
5. Urges States, whether or not they are parties
to the Vienha Convention on Diplomatic Relations, to
take every measure necessary to secure the implementa-
tion of the rules of international law governing diplo-
matic relations, and in particular to protect diplomatic
missions and to enable diplomatic agents to fulfil their
tasks in conformity with international law.
1637th plenary meeting,
18 December 1967.
9 United Nations, Treat_v Series, vol. 1 (1946), No. 4, p. 15.
10 United !.\fations Coni'.'"':,,,c on Diplomatic Intercourse
and Immunities, Official Recor-ds, vol. II (United Nations
publication, Sales No.: 62.X .1:, p 82
2329 (XXII). Question of methods of fact-finding
The General Assembly,
l?ecalling its resolutions 1967 (XVIII) of 16 De-
cember 1963, 2104 (XX) of 20 December 1965 and
2182 (XXI) of 12 December 1966 on the question of
methods of fact-finding.
Noting the comments submitted by M_ember States
pursuant to the above-mentioned resolutions, and the
views expressed m the United Nations,
Noting with appreciation the two reports submitted
by the Secretary-Ceneral11 in pursuance of the above-
mentioned resolutions,
Recvgni:::ing the usefulness of impartial fact-finding as
a means towards the settlement of disputes,
B eliwng that an important contribution to the peace-
ful settlement of disputes and to the prevention of
disputes could be made by providing for impartial
fact-finding within the framework of international or-
ganizations and in bilateral and multilateral conventions
or through other appropriate arrangements,
Affirming that the possibility of recourse to impartial
methods fo fact-finding is without prejudice to the
right of States t(, seek other peaceful means of settle-
ment of their vwn choice,
Reaffenm:ng the importance of impartial fact-finding,
in approprfr1te cases, for the settlement and the pre-
vention of disputes,
Recalling the possibility of the continued use of exist-
ing facilities for fact-finding,
I. Urges Member States to make more effective
u,:;e of the existing methods of fact-finding;
2. Imn'tcs Member States to take into consideration,
in choosing means for the peaceful settlement of dis-
putes, :.he possibility of entrusting the ascertainment
of facts, whenever it appears appropriate, to competent
international organizations and bodies established by
agreement between the parties concerned, in conformity
with the principles of international law and the Charter
vf the United Nations or other relevant agreements;
3. Draws speri.al attention to the possibility of re-
course by States in particalar cases, where appropriate,
to procedures for the ascertainment of facts, in accord-
,lllce with Article 33 of the Charter;
4. Requests the Secretary-General to prepare a reg-
ister of experts i11 legal and other fields, whose services
the States parties to a dispute may use by agreement
for fact-finding in relation to the dispute, and requests
Member States to nominate up to five of their nationals
to be included in such a register.
1637th plenary meeting,
18 December 1967.
2330 (XXII). Need to expedite the drafting of
a definition of aggression in the light of the
present international situation
The General Assembly,
Considering that in conformity with the Charter of
the United Nations all Members of the United Nations
must refrain in their international relations from the
threat or use of force against the territorial integrity
, 11 Official Records of _the General Assembly, Twentieth
,\ rsswn_, A,in,',res, agenda items 90 and 94, document A/5694;
tl>!d., 7 wrnly-/ir-. .-t S,•ssi,m. Annrxes, agenda item 87, document
\/622X.
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