CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ ACTIVITIES OF THE SIXTH COMMITTEE OF THE UN GENERAL ASSEMBLY … In fact, Russia used the problems with visa issuance as one of the reasons to oppose the establishment of an ad hoc committee to discuss draft articles on prevention and punishment of crimes against humanity, as mentioned earlier. In the debate, some Member States criticized expulsions by the United States of diplomats accredited to the United Nations as unjustified. 40 In paragraph 15 of the resolution, the General Assembly also recommended to the Secretary General to “give most serious consideration [to] take any appropriate steps under section 21 of the Headquarters Agreement”. Section 21 of the Headquarters Agreement 41 deals with resolution of disputes between the UN and the United States concerning its interpretation and application. Under this provision, the Secretary-General may refer a dispute for decision to a tribunal of three arbitrators if the dispute was not settled by negotiation or by other means. Some delegations have sought this referral by the Secretary-General for several years now. Some progress was achieved in relation to the topic “Protection of persons in the event of disasters”. The agenda item has been on the agenda of the General Assembly since its 73 rd session in 2018, following the recommendation by the ILC to elaborate a convention on the basis of the draft articles on the issue. During the debate in the Committee, some delegations expressed the view that development of means to prevent and mitigate the effects of disasters was necessary due to increasing number and severity of disaster, especially those related to climate change. This topic was not a key priority for the Czech Republic, as it was of the view that current international law framework regulated these issues sufficiently and that the issues of protection of persons were best addressed through guidelines and practical cooperation instead of a convention. The result of numerous rounds of informal consultations, led by the Legal Adviser of Indonesia, is a resolution 42 establishing a working group of the Sixth Committee during its 78 th and 79 th sessions. These working groups should further consider the recommendation of the ILC to elaborate a convention on the basis of the draft articles. This outcome represents very modest progress in consideration of the ILC draft articles. In the debate under the agenda item “Measures to eliminate international terrorism”, more than 80 delegations intervened. The Committee established a working group with a view to finalizing the process on the draft comprehensive convention on international terrorism (CCIT). 43 Although some delegations stated that the lack of progress in negotiations on the CCIT was unjustified and called on all States to exhibit flexibility and compromise, no progress has been made on elaboration of the CCIT. The resolution 44 , facilitated by the Legal Adviser of Canada, recommended the Sixth Committee to establish a working group again during the 77 th session of the General Assembly. 40 The last case of expulsions took place on February 28, 2022, soon after the Russian aggression against Ukraine, when the United States expelled 12 diplomats of the Permanent Mission of Russia to the United Nations, accusing them of “espionage activities”. 41 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success in 26 June 1947, and approved by the General Assembly of the United Nations on 31 October 1947, with an Exchange of Notes, dated 21 November 1947, bringing this Agreement into effect (available here: https://treaties.un.org/doc/Publication/UNTS/Volume%2011/volume-11-I-147-English.pdf ). 42 Resolution No. A/RES/76/119 adopted by the General Assembly on December 9, 2021. 43 For explanation of outstanding issues in the process of negotiations (especially the definition of terrorism) see: VÁLEK, P., op. cit., p. 302 et seq. 44 Resolution No. A/RES/76/121 adopted by the General Assembly on December 9, 2021.

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