Sixth Committee: terrorism 'unjustifiable' in any circumstances.

The General Assembly on 17 December, in strongly condemning "all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomsoever committed", decided to establish an ad hoc committee to elaborate an international convention for the suppression of terrorist bombings and, subsequently, an international convention for the suppression of acts of nuclear terrorism.

By adopting resolution 51/210, on the recommendation of its Sixth Committee (Legal), the Assembly also declared that "criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstance unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or any other nature that may be invoked to justify them".

The world body called upon States to adopt further measures in accordance with relevant provisions of international law, including international standards of human rights, to prevent terrorism and strengthen international cooperation to combat it. In particular, it called on them to recommend that relevant security officials undertake consultations to improve the capability of Governments to prevent, investigate and respond to terrorist attacks on public facilities, such as public transport.

Also, all States were called upon to: accelerate research and development of methods of detecting explosives and other harmful substances; develop, if necessary, mutual legal assistance procedures to facilitate speedy investigations and evidence collection, as well as cooperation between law enforcement agencies to detect and prevent terrorist acts; employ domestic measures to prevent and counteract the financing of terrorists and terrorist organizations; intensify the exchange of information on facts related to terrorism; and refrain from financing, encouraging, training or otherwise supporting terrorist activities.

Annexed to the resolution was a "Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism", which: reaffirmed that Member States should take appropriate measures, before granting refugee status, "for the purpose of ensuring that the asylum-seeker has not participated in terrorist acts"; emphasized that asylum-seekers awaiting the processing of their asylum applications "may not thereby avoid prosecution for terrorist acts"; and addressed questions relating to extradition and the sharing of information about terrorists.

With regard to the establishment of an International Criminal Court, the Assembly decided that the Preparatory Committee on the issue would complete a draft convention for submission to a diplomatic conference of plenipotentiaries, which would be held in 1998, with a view to finalizing and adopting the convention (51/207).

The Assembly also urged participation in the Preparatory Committee by the largest number of States, "so as to promote universal support for an international criminal court", and asked the Secretary-General to establish a special fund for the participation of the least developed countries.

Under its mandate, the Preparatory Committee was to deal with: the definition and elements of crimes; principles of criminal law and penalties; organization of the court; procedures; complementarity and mechanisms to trigger the court's involvement; cooperation with States; establishment of the court and its relationship with the United Nations; final clauses and financial matters; and other matters.

On 16 December, the Assembly expressed appreciation to the International Law Commission for completing the final draft articles of the draft Code of Crimes against the Peace and Security of Mankind and the provisional draft articles on State responsibility (51/160).

Peace and security, sanctions

By resolution 51/209, the Assembly asked the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization to, among other things, consider all proposals concerning the maintenance of international peace and security, and continue its work on the peaceful settlement of disputes between States, including a proposal for the establishment of a dispute-settlement service to be used early in a dispute, as well as proposals on enhancing the role of the International Court of Justice.

With regard to the implementation of Charter provisions on assistance to third States affected by the application of sanctions, the Assembly invited the Security Council to consider the establishment of further mechanisms or procedures for consultation on the solution of special economic problems faced by affected third States, and strongly recommended that the Council continued its efforts to enhance the effectiveness and transparency of its sanctions committees (51/208). The Secretary-General was asked to continue efforts aimed at developing a possible methodology for assessing the adverse consequences actually incurred by third States as a result of sanctions.

The Assembly decided to convene, from 24 March to 4 April 1997, a session of the Sixth Committee working group of the whole to elaborate a framework convention on the non-navigational uses of international watercourses (51/206).

Some other resolutions adopted by the Assembly on the recommendation of the Sixth Committee dealt with: efforts aimed at developing electronic access to treaty information (51/158); the United Nations Commission on International Trade Law (51/160; 51/161); a programme of action for the closing years (1997-1999) of the United Nations Decade of International Law (51/157); the 1999 centennial of the first International Peace Conference (51/159); status of the Protocols Additional to the 1949 Geneva Convention on the protection of victims of armed conflicts (51/155); protection, security and safety of diplomatic and consular missions and representatives (51/156); and relations with the host country (51/163).

In closing remarks on 29 November, at the conclusion of the Committee's 1997 session, Chairman Ramon Escovar-Salom of Venezuela said the Committee's work had proceeded in a spirit of compromise, making a "valuable contribution to the progressive development of international law".

In plenary, the Assembly adopted resolutions dealing with: the observer status for the International Seabed Authority in the General Assembly (51/6); credentials of representatives to the fifty-first General Assembly session (51/9); law of the sea (51/34); Agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks (51/35); large-scale pelagic drift-net fishing, unauthorized fishing in zones of national jurisdiction, and fishing by-catch and discards (51/36); and observer status for the International Tribunal for the Law of the Sea in the General Assembly (51/204).

RELATED ARTICLE: Assembly Acts on Regional Situations

The General Assembly on 17 December, in commending the efforts of the Central American countries to "consolidate peace and promote sustainable development", supported their decision to declare Central America a "region of peace, freedom, democracy and development".

By adopting resolution 51/197, the Assembly also emphasized the work accomplished by the Central American Integration System in favour of subregional integration to "promote economic growth oriented towards human development", and in the strengthening of democracy and the consolidation of peace in the region. It called upon Member States and international organizations to "provide effective cooperation, to the strengthening of subregional integration".

In resolution 51/4, the Assembly expressed its satisfaction at the close cooperation between the United Nations and the Organization of American States (OAS) and, in particular, the support which they had given to the elections in Haiti. By resolution 51/196, the Assembly extended the UN component of the International Civilian Mission to Haiti until 31 July.

Some other resolutions relating to Central America and the Caribbean dealt with: the United Nations Mission for the Verification of Human Rights and of Compliance with the Commitments of the Comprehensive Agreement on Human Rights in Guatemala (51/198); the United Nations Office of Verification in El Salvador (51/199); the Universal Congress on the Panama Canal (51/5); international assistance for the rehabilitation and reconstruction of Nicaragua: aftermath of the war and natural disasters (51/8); cooperation between the United Nations and the Caribbean Community (51/16); and the necessity of ending economic, commercial and financial embargo imposed by the United States against Cuba (51/17).

By resolution 51/195, all Afghan parties were called upon to place the "highest priority on national reconciliation": cease immediately all armed hostilities, renounce the use of force, put aside their differences and engage in a political dialogue aimed at achieving a "lasting political settlement of the conflict and establishing a fully representative and broad-based transitional government of national unity".

With regard to Bosnia and Herzegovina, the Assembly, among other things, stressed the "importance of the full, comprehensive and consistent implementation" of the 1995 Peace Agreement, including cooperation and compliance with the International Tribunal for the Former Yugoslavia, the establishment of the necessary conditions for the voluntary return of refugees and displaced persons, and for freedom of movement (51/203).