General Assembly

87th Plenary Meeting of General Assembly: 50th Session

General Assembly establishes a Preparatory Committee to draft convention for the International Criminal Court at 87th meeting.
Description

The General Assembly this morning established a Preparatory Committee to draft a widely acceptable convention for an international criminal court, by the terms of one of 14 texts adopted on the recommendation of its Sixth Committee (Legal).

Under the terms of the resolution, which was adopted without a vote, the Preparatory Committee will meet in 1996 from 25 March to 12 April and from 12 to 30 August to consider major issues arising out of the draft statute of the court, which has been prepared by the International Law Commission.

Also this morning, the Assembly expressed its intention to initiate procedures to delete the "enemy State" clauses from the Charter, by the terms of a resolution adopted by a recorded vote on the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. Also by that text, the Assembly decided that membership in the Special Committee should be open to all Member States and that it should continue to operate on the basis of consensus. The draft was adopted by a vote of 155 in favour to none against, with 3 abstentions (Cuba, Democratic People's Republic of Korea and Libya). (For details see Annex I.)

By the terms of a resolution on the implementation of Charter provisions relating to assistance to third States affected by the application of sanctions, which was adopted without a vote, the Secretary-General, at the request of the Security Council, would analyze the effects of sanctions regimes on third States and advise the Council on adjustments that may be made with a view to mitigating their adverse effects.

The Assembly also adopted the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit and opened it for signature or accession, by the terms of a resolution adopted without a vote on that topic. The Assembly also recognized the uncertainty and lack of uniformity prevailing in that financial field and expressed the conviction that adoption of the Convention would overcome the problem and facilitate the use of such instruments.

The Assembly urged the host country to consider lifting travel controls on certain diplomatic missions and Secretariat staff members of certain nationalities, by the terms of a resolution on the report of the Committee on Relations with the Host Country, also adopted without a vote. The Assembly expressed the hope that the host country would continue to take the necessary measures to prevent interference with the functioning of diplomatic missions. It also approved a series of recommendations of the Host Country Committee regarding the problem of diplomatic indebtedness.

By the terms of another resolution on the work of the Charter Committee, also adopted without a vote, the Assembly commended the Committee for having completed the final text of the Model Rules for the Conciliation of Disputes between States, which had originally been proposed by Guatemala. The Model Rules, in 10 chapters, are annexed to the resolution.

The Assembly urged the International Law Commission to complete its second reading of the draft code of crimes against the peace and security of mankind and the first reading of the draft articles on State responsibility during its next year's session, by the terms of a resolution on the Commission's report adopted without a vote. The Commission was also urged to complete its first reading of the draft articles on activities causing transboundary harm.

By the terms of a resolution on the review of the role of the Trusteeship Council, also approved without a vote, the General Assembly requested the Secretary-General to invite Member States to submit their written comments on the future of the Council and to report to it before the end of its fiftieth session.

By another draft resolution adopted without a vote, the General Assembly decided to delete article 11 from the statute of the Administrative Tribunal of the United Nations, while continuing to apply any judgements made by the Tribunal prior to 1 January 1996.

By the terms of a draft resolution on the work of the United Nations Commission on International Trade Law (UNCITRAL), the Assembly commended that body's work on the draft Model Law on Legal Aspects of Electronic Data Interchange and Related Means of Communications and welcomed its decision to commence work on the subjects of receivables financing and cross-border insolvency. The text was adopted without a vote.

The Assembly decided to bring the draft articles on the diplomatic courier and diplomatic bag not accompanied by diplomatic courier to the attention of Member States, by the terms of a draft decision adopted without a vote on that subject.

The Assembly also requested the Secretary-General to follow up on the implementation of the Declaration on Measures to Eliminate International Terrorism, which it adopted last year, by adopting a resolution without a vote on measures to eliminate international terrorism. The Assembly also urged States to promote the Declaration, strengthen their cooperation, implement their obligations under existing international conventions and fully observe international law.

By the terms of a text on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, also adopted without a vote, the Assembly authorized the Secretary- General to provide in 1996 and 1997 fellowships and scholarships in international law, and to provide travel grants to participants from developing counties for regional courses. In that connection, the Assembly approved the appointment of 25 Member States as members of the Advisory Committee on the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law.

By the terms of a draft resolution on the United Nations Decade of International Law, also adopted without a vote, the General Assembly expressed its appreciation for the work done on the Decade and expressed its appreciation to the Secretary-General for the successful organization this year of the United Nations Congress on Public International Law. The Assembly welcomed the progress made in the computerization of the multilateral treaties deposited with the Secretary-General and of the United Nations Treaty Series and encouraged the Office of Legal Affairs to continue its efforts to bring up to date the publications of the United Nations Treaty Series and the United Nations Juridical Yearbook.

The rapporteur of the Committee introduced its reports. The representative of Turkey made a statement on the text on international terrorism.

Also this morning, the Assembly adopted a resolution on the return or restitution of cultural property by a vote of 124 in favour to none against, with 24 abstentions. (See Annex II.) By the resolution, it reaffirmed that the restitution to a country of its objects d'art, monuments, museum pieces, archives, manuscripts, documents and any other cultural or artistic treasures contributes to the strengthening of international cooperation and to the preservation and flowering of universal cultural values through fruitful cooperation between developed and developing countries.

The Assembly also requested the Secretary-General, in collaboration with the United Nations Educational, Scientific and Cultural Organization (UNESCO), to continue to develop all possibilities for bringing about the attainment of the purposes of its resolution 48/15 of 2 November 1993 on promotion of the return of cultural property to the countries of origin as well as its restitution in case of illicit appropriation.

The Assembly will meet again at 3 p.m. today to consider the situation of democracy in Haiti, and cooperation between the United Nations and the Organization of African Unity.

For further details please see source:
MEETINGS COVERAGE

For further details please see official record:
A/50/PV.87

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