ACTION REQUEST: SIXTH COMMITTEE DRAFT OMNIBUS

UNCLAS USUN NEW YORK 000989

SIPDIS

SIPDIS

DEPARTMENT FOR IO/UNP EDMONDSON

E.O. 12958: N/A
TAGS: UNGA UNGA
SUBJECT: ACTION REQUEST: SIXTH COMMITTEE DRAFT OMNIBUS
RESOLUTION ON THE REPORT OF THE INTERNATIONAL LAW COMMISSION

REF: A. KIINGI/WILCOX EMAIL 05 NOV 07


B. LEIS/WILCOX EMAIL 05 NOV 07


1. ACTION REQUEST: USUN requests instructions from the
Department to join consensus on the Sixth Committee's draft
omnibus resolution on the Report of the International Law
Commission (agenda item 82) 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: Per ref A, the text of the draft
resolution in para 3 is an update of last year's resolution
on the ILC Report. USUN and the Department discussed in
particular OP 19, which approves the recommendations in
paragraphs 387 - 395 of ILC Report concerning publications.
Per ref B, USUN discussed the potential budgetary impact of
the publications with the Secretariat, which confirmed that
all of the publications contemplated in the ILC's report have
been provided for in the existing budget. The Secretariat
confirmed more generally that the resolution would have not
extrabudgetary implications. END BACKGROUND/COMMENT.


3. Text of draft omnibus resolution on the Report of the
International Law Commission:

BEGIN TEXT:

Sixty-second session
Sixth Committee
Agenda Item 82

Draft Resolution
Report of the International Law Commission on the work of its
fifty-ninth session

The General Assembly,

Having considered the report of the International Law
Commission on the work of its fifty-ninth session,

Emphasizing the importance of furthering the progressive
development of international law as a means of implementing
the purposes and principles set forth in the Charter of the
United Nations and in the Declaration on Principles of
International Law concerning Friendly Relations and
Cooperation among States in accordance with the Charter of
the United Nations,

Recognizing the desirability of referring legal and drafting
questions to the Sixth Committee, including topics that might
be submitted to the International Law Commission for closer
examination, and of enabling the Sixth Committee and the
Commission to enhance further their contribution to the
progressive development of international law and its
codification,

Recalling the need to keep under review those topics of
international law which, given their new or renewed interest
for the international community, may be suitable for the
progressive development and codification of international law
and therefore may be included in the future programme of work
of the International Law Commission,

Welcoming the holding of the International Law Seminar, and
noting with appreciation the voluntary contributions made to
the United Nations Trust Fund for the International Law
Seminar,

Acknowledging the importance of facilitating the timely
publication of the Yearbook of the International Law
Commission and eliminating the backlog,

Stressing the usefulness of focusing and structuring the
debate on the report of the International Law Commission in
the Sixth Committee in such a manner that conditions are
provided for concentrated attention to each of the main
topics dealt within the report and for discussions on
specific topics,

Wishing to enhance further, in the context of the
revitalization of the debate on the report of the
International Law Commission, the interaction between the
Sixth Committee as a body of governmental representatives and
the Commission as a body of independent legal experts, with a
view to improving the dialogue between the two bodies,

Welcoming initiatives to hold interactive debates, panel


discussions and question time in the Sixth Committee, as
envisaged in resolution 58/316 of 1 July 2004 on further
measures for the revitalization of the work of the General
Assembly,


1. Takes note of the report of the International Law
Commission on the work of its fifty-ninth session, and
recommends that the Commission continue its work on the
topics in its current programme, taking into account the
comments and observations of Governments, whether submitted
in writing or expressed orally in debates in the General
Assembly;


2. Expresses its appreciation to the International Law
Commission for the work accomplished at its fifty-ninth
session;


3. Draws the attention of Governments to the importance for
the International Law Commission of having their views on the
various aspects involved in the topics on the agenda of the
Commission, in particular on all the specific issues
identified in chapter III of its report, regarding:

(a) Reservations to treaties;

(b) Shared natural resources;

(c) Expulsion of aliens;

(d) Responsibility of international organizations;

(e) The obligation to extradite or prosecute (aut dedere aut
judicare);


4. Invites Governments, within the context of paragraph 3
above, to provide information to the International Law
Commission regarding practice with regard to the topics
"Expulsion of aliens" and "the obligation to extradite or
prosecute (aut dedere aut judicare);


5. Reiterates its invitation to Governments, within the
context of Chapter III of the 2005 report of the
International Law Commission, to provide information to the
Commission regarding State practice, in particular more
contemporary practice on the topic " Effects of armed
conflicts on treaties";


6. Draws the attention of Governments to the importance for
the International Law Commission of having their comments and
observations by 1 January 2008 on the draft articles and
commentaries on law of transboundary aquifers adopted on
first reading by the Commission at its fifty-eighth session;


7. Takes note of the decision of the International Law
Commission to include the topics "Protection of persons in
the event of disasters" and "Immunity of State officials from
foreign criminal jurisdiction" in its programme of work;


8. Invites the International Law Commission to continue
taking measures to enhance its efficiency and productivity
and to consider making proposals to that end;


9. Encourages the International Law Commission to continue
taking cost-saving measures at its future sessions without
prejudice to the efficiency of its work and in that regard
notes with appreciation that, taking into account the
requirements of the Commission's programme of work, the first
part of the 2006 session of the International Law Commission
was concluded on 5 July, three days earlier than originally
scheduled;


10. Takes note of paragraph 399 of the report of the
International Law Commission, and decides that the next
session of the Commission shall be held at the United Nations
Office at Geneva from 5 May to 6 June and from July to 8
August 2008;


11. Welcomes the enhanced dialogue between the International
Law Commission and the Sixth Committee at the sixty-second
session of the General Assembly, stresses the desirability of
further enhancing the dialogue between the two bodies, and in
this context encourages, inter alia, the continued practice
of informal consultations in the form of discussions between
the members of the Sixth Committee and the members of the
Commission attending the sixty-third session of the Assembly;


12. Encourages delegations, during the debate on the report
of the International Law Commission, to adhere as far as
possible to the structured work programme agreed to by the
Sixth Committee and to consider presenting concise and
focused statements;




13. Encourages Member States to consider being represented at
the level of legal adviser during the first week in which the
report of the International Law Commission is discussed in
the Sixth Committee (International Law Week) to enable
high-level discussions on issues of international law;


14. Requests the International Law Commission to continue to
pay special attention to indicating in its annual report, for
each topic, any specific issues on which expressions of views
by Governments, either in the Sixth Committee or in written
form, would be of particular interest in providing effective
guidance for the Commission in its further work;


15. Takes note of paragraphs 400 to 405 of the report of the
International Law Commission with regard to cooperation with
other bodies, and encourages the Commission to continue the
implementation of article 16, paragraph (e),and article 26,
paragraphs 1 and 2, of its statute in order to further
strengthen cooperation between the Commission and other
bodies concerned with international law, having in mind the
usefulness of such cooperation;


16. Notes that the International Law Commission, in
accordance with article 25, paragraph 1, of its statute, held
a meeting during its fifty-ninth session with United Nations
and other experts in the field of human rights, including
representatives from human rights treaty bodies, and
exchanged views on issues relating to reservations to human
rights treaties;


17. Also notes that consulting with national organizations
and individual experts concerned with international law may
assist Governments in considering whether to make comments
and observations on drafts submitted by the International Law
Commission and in formulating their comments and
observations;


18. Reaffirms its previous decisions concerning the
indispensable role of the Codification Division of the Office
of Legal Affairs of the Secretariat in providing assistance
to the International Law Commission;


19. Approves the conclusions reached by the International Law
Commission in paragraphs 387 to 395 of its report;


20. Approves the conclusions reached by the International Law
Commission in paragraphs 382 and 383 of its report, and
reaffirms its previous decisions concerning the documentation
and summary records of the Commission;


21. Takes note of paragraph 385 of the report of the
International Law Commission and, without prejudice to the
importance of ensuring necessary allocations in the regular
budget, requests the Secretary General to establish a trust
fund to address the backlog on the Yearbook of the
International Law Commission;


22. Takes note also of the Guidelines on the publication of
documents of the International Law Commission as endorsed by
the Commission in paragraph 381 of its report;


23. Takes note of paragraphs 396 and 397 of the report of the
International Law Commission and encourages legal advisers to
participate in the commemorative meeting envisaged for the
Sixtieth anniversary to be held in Geneva on 19 and 20 May
2008 and invites Member States, in association with existing
regional organizations, professional associations, academic
institutions and members of the Commission to convene
national or regional meetings, which would be dedicated to
the work of the Commission;


24. Notes with appreciation the expansion of the website of
the International Law Commission to include all its
documentation, and welcomes the continuous efforts of the
Codification Division to maintain and improve the website;


25. Expresses the hope that the International Law Seminar
will continue to be held in connection with the sessions of
the International Law Commission and that an increasing
number of participants, in particular from developing
countries, will be given the opportunity to attend the
Seminar, and appeals to States to continue to make urgently
needed voluntary contributions to the United Nations Trust
Fund for the International Law Seminar;


26. Requests the Secretary-General to provide the
International Law Seminar with adequate services, including
interpretation, as required, and encourages him to continue
considering ways to improve the structure and content of the
Seminar;




27. Also requests the Secretary-General to forward to the
International Law Commission, for its attention, the records
of the debate on the report of the Commission at the
sixty-second session of the General Assembly, together with
such written statements as delegations may circulate in
conjunction with their oral statements, and to prepare and
distribute a topical summary of the debate, following
established practice;


28. Requests the Secretariat to circulate to States as soon
as possible after the conclusion of the session of the
International Law Commission, chapter II of its report
containing the summary of the work of that session, chapter
III containing the specific issues on which the views of
Governments would be of particular interest to the Commission
and the draft articles adopted on either the first or second
reading by the Commission;


29. Requests that the debate on the report of the
International Law Commission at the sixty-third session of
the General Assembly commence on 27 October 2008.

END TEXT.
Khalilzad