A/RES/3103(XXVIII) GA

142 General Assembly-Twenty-eighth Session 7. Requests the Secretary-General to report to the General Assembly at its twenty-ninth session on relevant developments concerning human rights in armed con- flicts, in particular on the proceedings and results of the 1974 session of the Diplomatic Conference; 8. Decides to include in the provisional agenda of its twenty-ninth session the item entitled "Respect for human rights in armed conflicts". 2197th plenary meeting 12 December 1973 3103 (XXVIII). Basic principles of the legal sta- tus of the combatants struggling against colonial and alien domination and racist regimes The General Assembly, Recalling that the Charter of the United Nations reaffirms faith in the dignity and worth of the human person, Recalling resolution 2444 (XXIII) of 19 Decem- ber 1968 in which the General Assembly, inter alia, recognized the need for applying basic humanitarian principles in all armed conflicts, Recognizing further the importance of respecting the Hague Convention of 1907, 15 the Geneva Protocol of 1925,16 the Geneva Conventions of 194917 and other universally recognized norms of modern international law for the protection of human rights in armed con- flicts, Reaffirming that the continuation of colonialism in all its forms and manifestations, as noted in General Assembly resolution 2621 (XXV) of 12 October 1970, is a crime and that colonial peoples have the inherent right to struggle by all necessary means at their disposal against colonial Powers and alien domination in exer- cise of their right of self-determination recognized in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,18 Stressing that the policy of apartheid and racial op- pression has been condemned by all countries and peo- ples, and that the pursuing of such a policy has been recognized as un international crime, Reaffirming the declarations made in General Assem- bly resolutions 2548 (XXIV) of 11 December 1969 and 2708 (XXV) of 14 December 1970 that the prac- tice of using mercenaries against national liberation movements in the colonial Territories constitutes a criminal act, Recalling the numerous appeals of the General As- sembly to the colonial Powers and those occupying foreign territories as well as to the racist regimes set forth, inter alia, in resolutions 2383 (XXIII) of 7 No- vember 1968, 2508 (XXIV) of 21 November 1969, 2547 (XXIV) of 11 December 1969, 2652 (XXV) of 3 December 1970, 2678 (XXV) of 9 December 15 Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and 1907 (New York, Oxford University Press, I 9 I 5). 16 League of Nations, Treaty Series, vol. XCIV, No. 2138, p. 65. 17 United Nations, Treaty Series, vol. 75, Nos. 970-973. 18 Resolution 2625 (XXV), annex. 1970, 2707 (XXV) of 14 D;cember 1970, 2795 (XXVI) and 2796 (XXVI) of 10 December 1971 and 2871 (XXVI) of 20 December 1971, to ensure the application to the fighters for freedom and self-deter- mination of the provisions of the Genev .! Convention relative to the Treatment of Prisoners of War, of 12 August 1949, 19 and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August I 949,20 Deeply concerned at the fact that, despite the numer- ous appeals of the General Assembly, compliance with the provisions of the said Conventions has not yet been ensured, Noting that the treatment of the combatants strug- gling against colonial and alien domination and racist regimes captured as prisoners still remains inhuman, Recalling its resolutions 2674 (XXV) of 9 Decem- ber 1970 and 2852 (XXVI) of 20 December I 971, in which it pointed out the need for the elaboration of additional international instruments and norms envis- aging, inter alia, the increase of the protection of per- sons struggling for freedom against colonial and alien domination and racist regimes, Solemnly proclaims the following basic principles of the legal status of the combatants struggling against colonial and alien domination and racist regimes with- out prejudice to their elaboration in future within the framework of the development of international law applying to the protection of human rights in armed conflicts: 1. The struggle of peoples under colonial and alien domination and racist regimes for the imple- mentation of their right to self-determination and independence is legitimate and in full accordance with the principles of internatior.al law. 2. Any attempt to suppress the struggle against colonial and alien domination and racist regimes is incompatible with the Charter of the United Nations, the Declaration on Principles of International Law concerning F ricndly Relatio11s and Cn-opcwtinn among States in accordance with the Charter of the United Nations, the Universal Declaration of Human Rights and the Declaration on the Granting of Inde- pendence to Co:onial Countries and Peoples21 and constitutes a threat to international p:::ace and se- curity. 3. The armed conflicts involving the struggle of peoples against colonial and alien domination and racist regimes are to be regarded as international armed conflicts in the sense of the 1949 Geneva Con- ventions, and the legal status envisaged to apply to the combatants in the 1949 Geneva Conventions and other inte:-national instruments is to apply to the persons cng;,ged in armed struggle against colonial and alien domination and racist regimes. -\ The cnrnbaiants struggling against colonial and alien domination and raci,t regimes captured as prisoners arc to be accorded the status of prisoners of war and their treatment should be in accordance with the provisions of the Geneva Convention rela- tive to the Treatment of Prisoners of War, of 12 August 1949. 19 United Nations, Treaty Series, vol. 75, No. 972 p. 135. 20 Ibid., No. 973, p. 287. ' 21 Resolution 1514 (XV). Resolutions adopted on the reports of the Sixth Committee 143 -----------------------------~----:--:~-~-----:--:----------- above to the desirability of appointing as their repre- sentatives persons especially competent in the field to be considered; 5. The use of mercenaries by colonial and racist regimes against the national liberation movements struggling for their freedom and independence from the yoke of colonialism and alien domination is c~n- sidered to be a criminal act and the mercenanes should accordingly be punished as criminals. 6. The violation of the legal status of the com- batants struggling against colonial and alien dom- ination and racist regimes in the course of armed conflicts entails full responsibility in accordance with the norms of international law. 2197th plenary meeting 12 December 197 3 3104 (XXVIII). United Nations Conference on Prescription (Limitation) in the Interna- tional Sale of Goods The General Assembly, Recalling its resolution 2929 (XXVII) of 28_ No- vember 1972 by which it decided that an internat1on~l conference of plenipotentiaries should b~ ~onve~ed_ m 197 4 to consider the question of prescnpt10n (limita- tion) in the international sale of goods and to emb~dy the results of its work in an international convention and such other instruments as it may deem appropriate, Recalling further that, in the foregoing resolution, it referred to the conference, as the basis for its consider- ation, the draft convention on prescription (limitation) in the international sale of goods as contained in chapter II of the report of the United Nations Commission on International Trade Law on the work of its fifth ses- sion,2~ together with the commentary thereon and such comments and proposals as may be submitte_d by Gov- ernments and interested international orgamzat10ns, Reaffirming the conviction, expressed in the forego-- ing resolution, that the harmoniz_ati?n an_d :,1nipcati~n of national rules governing prescnptton (hm1tation) m the international sale of goods would contribute to the removal of obstacles to the development of world trade, Requests the Secretary-General: (a) To convene the United Nations Conference on Prescription (Limitation) in the International Sale of Goods at United Nations Headquarters in New York, from 20 May to 14 June 1974; ( b) To provide summary records of the proceedings of the plena1y meetings of the Conference and of meet- ings of committees of the whole which the Conference may wish to establish; (c) To invite, in full compliance with General _As- sembly resolution 2758 (XXVI) of 25 October 1971, States Membern of the United Nations or member~ of speci:ilize<l agencies or the International Atomic Energy Agency and States parties to the Statute of the Intc:·- national Court of Justice, as well as the Democratic Repuhlic of Viet-Nam, to participate in the Conference; ( d) To invite interested specialized .igencies and international organizations, as well as the United Nations Council for Namihia, t0 attend the Conference as observers; ( e) To draw the attention of the States and other participants, referred to in suhparagraphs (c) and (d) 22 Official ReL·ords of the General Assembly, Twenty-seventh Session, Supplement No. 17 (A/8717), paras. 21 and 22. (f) To place before the Conference all relevant doc- umentation and recommendations relating to methods of work and procedure, and to arrange for adequate staff and facilities required for the Conference; ( g) To report on the results achiev_ed by the ~on- ference to the General Assembly at 1ts twenty-mnth session. 2197th plenary meeting 12 December 197 3 3105 (XXVIII). Report of the Special f:ommittee on the Question of Defining Aggression The General Assembly, Having considered the report of the Special Com- mittee on the Question of Defining Aggression on the work of its sixth session/:1 held at Geneva from 25 April to 30 May 1973, Noting the progress so far achieved by the Special Committee in its consideration of the question of defin- ing aggression and on the draft definition, as reflected in its report, Believing that such progress makes it a practical pos- sibility for the Special Committee to elabor~te a ge?- erally acceptable draft definition of aggression at 1ts next session, Considering that it was not possible for the Special Committee to complete its task at its sixth session, Considering that, in its resolutions 2330 (XXIT) of 18 December 1967, 2420 (XXIII) o[ 18 December 1968, 2549 (XXIV) of 12 December 1969, 2644 (XXV) of 25 November 1970, 278 I (XXVI) of 3 December 1971 and 2967 (XXVJI) of 14 December 1972, the General Assembly recognized the widespread conviction of the need to expedite the definition of aggression, Considering the urgency of bringing tlw work of the Special Committee to a succc,sful conc-lusion and the desirability of achieving the dcfinitinn of aggression as soon as possible, Noting also the common desire of the members of the Special Committee to continue their work on the basis of the results achieved and ,(1 arrive with due speed at a draft definition in a spirit of mutual under- standing and accommodatio!J, I. Decides that the Special Committee on the Ques- tion of Defining Aggression shall resume its work, in accordance with Gener:il As~embly resolution '::!330 (XXII), early in 1974 in New York, with a view to completing its task and to submitting to the A~scP1bly a_t the twenty-ninth session a draft definition of aggre~- ~1011; 2. Requests the Secretary-General to provide th,; Special Committee with the necessary facilitic:- and ~er vices; 3. Decides to include in the provisional agend:i of its twentv-ninth session the item entitled '"Report of the Special Committee on the Question of Defining Ag- gression". 2197th plenary meeting 12 Deceml,er 1973 2:, lbicl., Twenty-eighth Session, Supplement No. 19 (A/9019).

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