THE UN GENERAL ASSEMBLY CHARTER COMMITTEE WILL

UNCLAS USUN NEW YORK 000092 SIPDIS E.O. 12958: N/A TAGS: PREL UNSC SUBJECT: THE UN GENERAL ASSEMBLY CHARTER COMMITTEE WILL MEET 1 TO 9 MARCH 2010 ¶1. (U) This is an action request, see paragraph five below. ¶2. (U) Summary. Last December the Sixth (legal) Committee of the General Assembly (GA) adopted resolution A/RES/64/115 titled "Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization". Paragraph 3 of the resolution decided that the Special Committee would hold its next session from 1 to 9 March 2010. The resolution also requested that the Special Committee continue to consider the items in paragraphs 4 and 5 and the items listed in the Special Committee's 2008 Report A/64/33. The items included in paragraphs 4 and 5 of the resolution and the additional items that are still on the agenda are described below. During the last ten years, the Committee's discussion revolved around negotiating the Russian sanctions paper that was adopted as an annex to resolution A/RES/64/115. It is not clear where the focus will be in the March Committee meeting. End Summary. ¶3. (U) Paragraphs 4 and 5 of resolution A/RES/64/115 contains the following: "4. Requests the Special Committee, at its session in 2010, in accordance with paragraph 5 of General Assembly resolution 50/52 of 11 December 1995: a. To continue its consideration of all proposals concerning the question of the maintenance of international peace and security in all its aspects in order to strengthen the role of the United Nations, and, in this context, to consider other proposals already submitted or which may be submitted to the Special Committee at its session in 2010; b. To continue to consider, on a priority basis and in an appropriate substantive manner and framework, the question of the implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions under Chapter VII of the Charter based on all of the related reports of the Secretary General and the proposals submitted on the question; c. To keep on its agenda the question of the peaceful settlement of disputes between States; d. To consider, as appropriate, any proposal referred to it by the General Assembly in the implementation of the decisions of the High-level Plenary Meeting of the sixtieth session of the Assembly in September 2005 that concern the Charter and any amendments thereto; e. To continue to consider, on a priority basis, ways and means of improving its working methods and enhancing its efficiency with a view to identifying widely acceptable measures for future implementation; ¶5. Invites the Special Committee at its session in 2010 to continue to identify new subjects for consideration in its future work with a view to contributing to the revitalization of the work of the United Nations;" ¶4. (U) The additional items that are still considered to be on the agenda of the Charter Committee are described below; a. The revised working paper submitted by the Libyan Arab Jamahiriya on the strengthening of certain principles concerning the impact and application of sanctions. (A/AC.182/L.110/Rev.1) b. The Cuban working paper entitled "Strengthening of the role of the Organization and enhancing its effectiveness". (A/AC.182/L.93/Rev.1) c. The revised proposal submitted by the Libyan Arab Jamahiriya with a view to strengthening the role of the United Nations in the maintenance of international peace and security. d. The revised working paper submitted by Belarus and the Russian Federation (at the 2005 session of the Special Committee) which recommended that an advisory opinion be requested from the International Court of Justice as to the legal consequences of the resort to the use of force by States without prior authorization by the Security Council, except in the exercise of the right to self-defense. e. Repertory of Practice of United Nations Organs and Repertoire of the Practice of the Security Council. ¶5. (U) USUN requests that the Department provide instructions on the U.S. position on the items listed above that are on the agenda for the 1 to 9 March meeting by February 26. We also ask that the Department try to formulate ideas/suggestions as to new agenda items we might propose that might take the focus off the items listed above, ideally by next Friday, February 19, so that we would have an opportunity to shop the ideas around in advance of the meeting. USUN legal point of contact is James Donovan, 212-415-4300. RICE