A/RES/3074(XXVIII) GA

78 General Assembly-Twenty-eighth Session of the General Assembly, and to submit, if possible, a single draft Declaration to the Assembly at its twenty- ninth session through the Economic and Social Council; 2. Invites Governments to transmit to the Secretary- General their additional comments and suggestions on the said articles and amendments in time for their con- sideration by the Commission on Human Rights at its thirtieth session; 3. Requests the Secretary-General to transmit all the documentation on the subject that was before the General Assembly at its twenty-eighth session to the Commission on Human Rights; 4. Decides to include in the agenda of the twenty- ninth session the ítem entitled "Elimination of all forms of religious intolerance" with a view to considering, completing and adopting, if possible, a Declaration on the Elimination of All Forms of Religious Intolerance. 2185th plerwry meeting 30 November 1973 3070 (XXVIII). lmportance of the universal real- ization of the right of peoples to self-deter- mination and of the speedy granting of independence to colonial countries and peo- ples for the effective guarantee and observ- ance of human rights The General Assembly, Faithful to its resolution 1514 (XV) of 14 Decem- ber 1960 containing the Declaration on the Granting of lndependence to Colonial Countries and Peoples, Mindful of the importance of the t:niversal realiza- tion of the right of peoples to self-determination and of the speedy granting of independence to colonial countries and peoples, Bearing in mina the Political Decla:ration adopted by the Fourth Conference of Heads of State or Govern- ment of Non-Aligned Countries, held at Algiers from 5 to 9 September 1973,2º Recalling its resolutions 2588 B (XXIV) of 15 De- cember 1969, 2787 (XXVI) of 6 December 1971, 2955 (XXVII) of 12 December 1972 and 2963 E (XXVII) of 13 December 1972, as well as resolution VIII adopted by the Intemational Conference on Human Rights held at Teheran in 1968,21 Noting with satisfaction the Secretary-General's re- port of 21 September 197322 ,and the assistance being given to dependent Territories by certain Governments, specialized agencies, intergovernmental organizations and non-govemmental organi21ations, Disturbed at the continued irepression and inhuman treatment inflicted on peoples still under colonial and foreign domination and alien subjugation, including inhuman treatment of people imprisoned because of their struggle for self-determination, Recognizing the imperative need to put an early end to colonial rule, foreign domination and alíen sub- jugation, 1. Reaf]irms the inalienable right of ali people under colonial and foreign domination and alien sub- jugation to self-determination, freedom and indepen- 20 A/9330 and Corr.l, p. 3. 21 Final Act of the lnternational Conference on Human Rights (United Nations publication, Sales No.: E.68.XIV.2), p. 9. 12 A/9154. dence in -accordance with General Assembly resolutions 1514 (XV) of 14 December 1960, 2649 (XXV) of 30 November 1970 and 2787 (XXVI) of 6 December 1971; 2. Also reaffirms the legitimacy of the peoples' struggle for liberation from colonial and foreign dom- ination and alien subjugation by all available meaos, including armcd struggle; 3. Calls upon ali States, in conformity with the Charter of the United Nations and with relevant reso- lutions of thc United Nations, to recognize the right of all peoples to self-determination and independence and to offer moral, material and any other assistance to ali peoples struggling for the ful! exercise of their inalienable right to self-determination and indcpen- dence; 4. Strongly condemns the Governments of Portugal and South Africa, as well as all others which continue to disregard United N ations resolutions bearing on the right of ali pcoples to self-determination and inde- pendence; 5. Further condemns the policies of those members of the North Atlantic Treaty Organization and other countries which assist Portugal and other racist régimes in Africa and elsewhere in their supprcssion of peoples' aspirations for, and enjoyment of, human rights; 6. Condemns ali Governments which do not recog- nize the right to self-determination and independence of peoples, notably the peoples of Africa still under colonial domination and the Palestinian people; 7. Expresses its appreciation for the efforts of Gov- ernments, United Nations agencies and intergovern- mental and non-govemmental organizations associated with the United Nations which have extended various forms of assistance to dependent Territories and ap- peals to them to increase fuirther such assistance; 8. Welcomes the initiative taken by the Sub-Com- mission on Prevention of Discrimination and Protection of Minorities in appointing a Special Rapporteur2:i at its twenty-scventh session to prepare a detailed study on the historical and current development of the right of pcoples to self-determination, on the basis of the Charter of the United Nations and othcr instruments adopted by Unitcd Nations organs, with particular reference to the promotion and protection of human rights and fundamental freedoms; 9. Requests the Secretary-General to continue to assist the specialized agencies and other organizations within the United Nations system in working out measures for the provision of increased international assistancc to the peoples _of colonial Territories; 1 O. Requests the Secretary-General to submit a report on thc implementation of the present resolution to the General Assembly at its twenty-ninth session. 2185th plenary meeting 30 November 1973 3074 (XXVIII). Princip1es of intemational co• operation in the detection, arrest, extradi- tion and punishment of persona guilty of war crimes and crimes against humanity The General Assembly, Recalling its rcsolutions 2583 (XXIV) of 15 De- cember 1969, 2712 (XXV) of 15 December 1970, 23 See E/CN.4/1128, part B, resolution 5 (XXVI). Resolutions adopted on the reports of the Third Committee 79 2840 (XXVI) of 18 Deeember 1971 and 3020 (XXVII) of 18 December 1972, Taking into account the special need ~or internati~nal action in order to ensure the prosecution and pumsh- ment of persons guilty of war crimes and crimes against humanity, Having considered the draft principies of inte.I"?a- tional co-operation in the dete~tion, arrest, e~trad1t1on and punishment of persons gu1lty of war cnmes and crimes against humanity,24 Declares that the United Nations, in pursuance of the principies and purposes set forth in the Charter concerning the promotion of co-operation between peo- ples and the maintemmce of international peace and security, proclaims the following principles of int~r?a- tional co-operation in the detection, arrest, extrad1t1on and punishment of persoos guilty of war crimes and crimes against humanity: l. War crimes and crimes against humanity, wherever they ,are committed, shall be subject to investigation and the persons against whom t!tere is evidence that they have committed such cnmes shall be subject to tracing, arrest, trial and, if found guilty, to punishment. 2. Every State has the right to try its own na- tionals for war crimes or crimes against humanity. 3. States shall co-operate with each other on a bilateral and multilateral basis with a view to halt- ing and preventing war crirnes and crimes against hurnanity, and shall take the domestic and interna- tional rneasures necessary for that purpose. 4. States shaH assist each other in detecting, arresting and bringing to tria! peTsons suspected of having cornmitted such crimes and, if they are found guilty, in punishing thern. 5. Persons against whom there is evidence that they have committed war crimes and crirnes against humanity shrall be subject to tria! and, if found guilty, to punishment, as a general rule in the coun- tries in which they committed those crimes. In that connexion, States shall co-operate on questions of extrnditing such persons. 6. States shaU co-operate with each other in the collection of information and evidence which would he,lp to bring to tria! the persons indicated in paragraph 5 above and shall exchange such infor- rnation. 7. In accordance with article 1 of the Declara- tion on Territorial Asylum of 14 December 1967,25 States shall not grant asylum to any person with respect to whom there are serious reasons for con- sidering that he has committed a crirne against peace, a war crime or a crime against humanity. 8. States shal! not take any legislative or other measures which may be prejudicial to the interna- tional obligations they have assumed in regard to the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity. 9. In co-operating with a vicw to the detection, arrest and extradition of persons against whom there is evidence that they have cornmitted war crimes and crirnes against humanity and, if found guilty, their punishment, States shall act in conformity with the provisions of the Charter of the Unitcd Nations 24See A/9136. 25 Resolution 2312 (XXII). and of the Declaration on Principies of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.26 2187th plenary meeting 3 December 1973 3134 (XXVIII). Report of the Committee on the Elimination of Racial Discrimination The General Assembly, Recalling that, in its ,resoiution 3057 (XXVIII) of 2 November 1973 on the Decade for Action to Combat Racism and Racial Discrimination, the General Assem- bly has emphasized, in the prograrnme for the Deoade, the need far universal ratification of the International Convention on the Elirnination of Ali Forros of Racial Discrimination,27 as well as the need for giving full effect to all the provisions of the Convention, Having considered the repo:rt of the Committee on the Elimination of Racial Discrirnination on the fourth year of its activities,28 submitted under article 9, para- graph 2, of the International Convention on the Elim- ination of All Forros of Racial Discrimination, Noting the decisions of the Committee contained in chapter X of its report, l. Takes note with appreciation of the report of the Committee on the Elimination of Racial Discrim- ination; 2. Expresses its satisfaction at the increasing par- ticipation of StaLeS Parties to the International <;onve_n- tion on the Elimination of Ali Forros of Racial D1s- crimination in submitting their reports to the Committee and by sending representatives to the Com- mittee when it considers their reports; 3. Endorses the Comrnittee's request in its dccision 2 (VIII) of 21 August 1973 concerning specific in- formation to be made available to the Comrnittee by the Trusteeship Council and the Special Committce on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Co- lonial Countries and Peoplcs under articlc 15 of the Convention, on Trust Territories, N on-Self-Governing Territories ,and ali other Territories to which General Assernbly resolution 1514 (XV) of 14 Deccmber 1960 applies, and draws to the attention of these or- gans the conclusions and recommendations set out in the report of the Committee20 concerning inforrnation submitted by them; 4. Takes note of the Committee's decision 4 (VII) of 25 April 1973 relating to information supplicd by the Syrian Arab Republic and, in this connexwn, re- calls its endorscment of thi.: Committec's clccision 4 (IV) of 30 August 1971 in ~ection llJ of (icncral Assemblv resolution '2784 (XXVI) of 6 Dect:·rnbcr 1971; - 5. Endorses the request of the Committee cont.."nccl in its dccision 5 (VII) of 4 May 1973 ccnccm;ng th(; holding of one of its scssions in 1974 a t Geri !V'a; 26 Resolution 2625 (XXV), annex. ~. Rcsnlution 2106 A (XX), annex. 28 O/ficial Records of the General Assembly, T,venty-e:6 i11/¡ Session, Supp/ement No. I 8 (A/9018). ~9/bid.,pnr, 115.

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