CYIL 2012

PETR VÁLEK CYIL 3 ȍ2012Ȏ soon. These Articles have already been considered by the GA five times, i.e., in the 54 th , 55 th , 59 th , 63 rd and now in the 66 th session. It is hard to imagine, therefore, how another consideration of this item, e.g., in three or four years, could bring any new elements in the debate, in particular when taking into account the relatively slow development of State practice. After I had introduced this draft resolution (the “L” document 45 ) to the Sixth Committee, it was approved by consensus. Two States, however, made their “explanations of vote”. 46 Russian Federation thanked the coordinator for his efforts; nevertheless, it still believed that a convention should be elaborated on the basis of these Articles and that the Sixth Committee should return to this issue in the future. France recalled that it had doubts on some of the rules contained in these Articles; therefore, it would prefer if this item remained on the agenda of the Sixth Committee and was further discussed. Subsequently, the draft resolution was adopted by the GA. 47 As the operative paragraph 4 of this resolution contains new language, this resolution – at least in my opinion – does not fall under the category of “business as usual”. In this context, I believe that it may serve as a model for the Sixth Committee in dealing with other articles prepared by the ILC and annexed to the GA resolution, when there is no prospect of moving towards the form of a treaty. 3. Negotiations on the Draft Comprehensive Convention on International Terrorism: Another Missed Opportunity Perhaps one of the most important tasks that the Sixth Committee currently has, is to bring to a successful end the negotiations on the draft Comprehensive Convention on International Terrorism (hereinafter the “CCIT”). The international community benefits already from the thirteen sectoral counter-terrorism conventions and, as such, the practitioners from the judicial organs, Ministries of Justice and law enforcement agencies may not feel an urgent need for the CCIT. The fact is, however, that there is no general treaty on international terrorism. If finalized and entered in force, the CCIT would cover possible lacunae iuris and send a political message that the States have the will to fight international terrorism. As I will explain below, this will probably not happen in the near future. I have to admit that this topic would deserve – due to its complexity – a separate article; nevertheless, I will try to focus at least on its most important aspects. The draft CCIT is considered by the Sixth Committee under the item “Measures to Eliminate International Terrorism” which was included in the agenda of the GA in 1972 48 and, since its 49 th session, the Sixth Committee has considered this item annually. Another important forum that deals with the CCIT is the Ad Hoc

45 UN Doc. A/C.6/66/L.18. 46 Rules of Procedure of the GA, Rule 128, UN Doc. A/520/Rev.17. 47 Resolution of the GA No. 66/92 of December 9, 2011, UN Doc. A/RES/66/92. 48 Resolution of the GA No. 3034 (XVII) of December 18, 1972.

302