ACTION REQUEST: SIXTH COMMITTEE DRAFT RESOLUTION

UNCLAS USUN NEW YORK 000987

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: UNGA UNGA
SUBJECT: ACTION REQUEST: SIXTH COMMITTEE DRAFT RESOLUTION
ON RESPONSIBILITY OF STATES

REF: A. KIZER/WILCOX EMAIL 09 NOV 07

B. GROSH/KIZER/BETTAUER EMAILS 08 NOV 07


1. ACTION REQUEST: USUN requests instructions from the
Department to join consensus on the Sixth Committee's draft
resolution on Responsibility of States for internationally
wrongful acts (agenda item 78) contained in para 3, or
substantially similar text. The text of all draft
resolutions must be tabled before the Sixth Committee by
November 9. USUN expects the Sixth Committee to take action
on draft resolutions shortly thereafter. USUN point of
contact for this resolution is Elizabeth Wilcox, (212)
415-4220, WilcoxE@state.gov. END ACTION REQUEST.


2. BACKGROUND/COMMENT: As discussed with the Department in
refs, the text of the draft resolution in para 3 reflects the
compromise proposal tabled by UKUN. The UK proposal calls
for the establishment of a Working Group in the Sixth
Committee to consider State responsibility, which would
revisit this item during the sixty-fifth session. END
BACKGROUND/COMMENT.


3. Text of draft resolution on Responsibility of States for
internationally wrongful acts:

BEGIN TEXT:

Sixty-second session
Sixth Committee
Agenda Item 78

Draft Resolution
Responsibility of States for internationally wrongful acts

The General Assembly,

Recalling its resolution 56/43 of 12 December 2001, the annex
to which contains the text of the articles on responsibility
of States for internationally wrongful acts and further
recalling its resolution 59/135 of 2 December 2004 commending
these articles to the attention of Governments,

Emphasizing the continuing importance of the codification and
progressive development of international law as referred to
in Article 13, paragraph 1(a),of the Charter of the United
Nations,

Noting that the subject of responsibility of States for
internationally wrongful acts is of major importance in
relations between States,

Noting with appreciation the compilation of decisions of
international courts, tribunals and other bodies referring to
the articles prepared by the Secretary-General (A/62/62,
Corr.1 and Add.1),


1. Commends once again the articles on responsibility of
States for internationally wrongful acts to the attention of
Governments, without prejudice to the question of their
future adoption or other appropriate action;


2. Requests the Secretary-General invite Governments to
submit their written comments on any future action regarding
the articles and update his compilation of decisions of
international courts, tribunals and other bodies referring to
the articles and invite Governments to submit information on
their practice in this regard, and further requests the
Secretary-General to submit this material well in advance of

SIPDIS
its sixty-fifth session;


3. Decides to include in the provisional agenda of its
sixty-fifth session the item entitled "Responsibility of
States for internationally wrongful acts" and to further
examine, within the framework of a Working Group of the Sixth
Committee, the question of a convention on State
responsibility or other appropriate action on the basis of
the above-mentioned articles.

END TEXT.
Khalilzad