International Convention against terrorist bombings adopted.

The adoption by the General Assembly on 15 December of an International Convention for the Suppression of Terrorist Bombings crowned the work of the Sixth Committee (Legal) in 1997. The Convention, which will be open for signature from 12 January 1998 to 31 December 1999, will enter into force 30 days after the twenty-second State party has ratified it.

The Convention provides that States either prosecute or extradite those accused of terrorist bombings within their territory, and also calls on States to adopt further measures to prevent terrorism and strengthen international cooperation in combating such crimes.

While States expressed reservations to some of the Conventions provisions, the adopted text was seen by many to represent the best possible compromise. The main issues in the debate were whether the Convention should exempt the acts of those struggling against foreign occupation and whether some acts of State military forces could be considered terrorism. In its final form, the Convention made no distinction between terrorist acts and the activities of national liberation movements. It also said the activities of military forces of States were not governed by the Convention. Despite those differences, the Sixth Committee approved the Convention by consensus.

The 24-article Convention defines a terrorist bomber as a person who unlawfully and intentionally delivers, places, discharges or detonates a bomb, explosive, lethal or incendiary device in, into or against a place of public use, a State or government facility, a public transportation system or an infrastructure facility, with the intent to cause death or serious bodily injury or the destruction of such a place resulting in major economic loss. The Convention specifies crimes which are extraditable under treaties which States parties sign among themselves. It explicitly does not govern the military activities of States in armed conflict or in exercise of their official duties.

States which ratify the Convention must take steps to establish their jurisdiction over terrorist bombings committed in their territories. They can also have jurisdiction when the offences are committed against their nationals or facilities abroad.

International Criminal Court 

In a somewhat related resolution, the Assembly decided to convene a diplomatic conference of plenipotentiaries in Rome, from 15 June to 17 July 1998, to finalize and adopt a convention to establish a permanent international criminal court. The court would investigate and bring to justice individuals who commit crimes of the most serious concern to the international community, including war crimes and crimes against humanity.

Other issues

Other issues dealt with by the Sixth Committee included the effects of the application of sanctions on third States under Chapter VII of the UN Charter. Many delegations expressed the view that the United Nations had a legal obligation under Article 50 to assist third States. In the resolution adopted by the Assembly, the Security Council was requested to consider establishing further mechanisms or procedures to resolve the special economic problems of third States affected as a consequence of sanctions.

In recognition of the United Nations Decade of International Law (1990-1999), the Committee made a number of recommendations, accepted by the Assembly, to recognize the spirit and purpose of the Decade. Among them, it encouraged States to consider ratifying or acceding to the Vienna Convention on the Law of Treaties between States and international organizations. It also underlined the importance of effective negotiations in the management of international relations, peaceful settlement of disputes and the creation of new international norms of conduct of States.

The Committee welcomed the programme of action dedicated to the 1999 centennial of the fast International Peace Conference, which was presented by the Governments of the Netherlands and the Russian Federation. The programme included a centennial peace conference planned for 17 to 19 May 1999 in The Hague and other activities. The year 1999 also marks the fiftieth anniversary of the four 1949 Geneva Conventions for the protection of victims of war, which will also be commemorated.

Another resolution adopted by the Assembly related to a proposed increase in the membership of the Committee on Relations with the Host Country. The 15-member Host Country Committee was requested to review its membership and composition to make it more representative of the United Nations. The Sixth Committee also recommended that the United States, as the host country, should continue to take ali measures to prevent any interference with the functioning of United Nations missions. In particular, it should review measures and procedures relating to the privileges and immunities of delegates, and especially to the parking of diplomatic vehicles, and to consult with the Host Country Committee on that issue in order to maintain appropriate conditions for the functioning of delegations and missions in a way that was fair, non-discriminatory, efficient and consistent with international law.

On the work of the International Law Commission, the Assembly invited Governments to submit comments and observations on the practical problems raised by nationality in relation to the succession of States. It also recommended that the Commission continue its work on such topics as diplomatic protection, the unilateral acts of States and reservations to treaties.

Finally, under the auspices of the Sixth Committee, a colloquium was held at Headquarters on 28 and 29 October to mark the fiftieth anniversary of the Commission.

Committee Chairmen Speak

Mothusi Nkgowe (Botswana) of the First Committee (Disarmament and International Security): "To say that we scored success ... speaks volumes about the interest, commitment and the resolute determination of the world's nations, especially the developing countries, to ultimately rid this planet of most weapons systems - nuclear, chemical, biological, conventional, etc."

Oscar de Rojas (Venezuela) of the Second Committee (Economic and Financial): "I believe we had an especially productive session, not only in terms of the official resolutions adopted by the Second Committee (a total of 32), but also with regard to the realization of 'special events' to make the Committee proceedings more interesting and lively, much of it in keeping with the letter and the spirit of Assembly resolution 50/227 on the restructuring and revitalization of the United Nations in the economic, social and related spheres".

Machisnijkos Tobias Mapuranga (Zimbabwe) of the Fourth Committee (Special Political and Decolonization): "The deliberations had been characterized by a 'discernible lack of polemics and a palpable absence of rancour' all these attesting to a 'new spirit of compromise and consensus in the post-cold-war era'."

Ambassador Anwarul Karim Chowdhury (Bangladesh) of the Fifth Committee (Administrative and Budgetary): "Spirit of accommodation and understanding prevailed all through the session."

Peter Tomka (Slovakia) of the Sixth Committee (Legal): "The Convention for the Suppression of Terrorist Bombings represents an instrument aiming at combating the terrorist activities using bombs and other explosive devices against innocent peoples."

Alessandro Busacca (Italy) of the Third Committee (Social, Humanitarian and Cultural): "Human rights and drugs were, as always, issues of great importance, also in light of the 1998 fiftieth anniversary of the Declaration on Human Rights and the upcoming special session of the General Assembly devoted to drugs in June."