CYIL vol. 14 (2023)

CYIL 14 (2023) ACTIVITIES OF THE SIXTH COMMITTEE OF THE UN GENERAL ASSEMBLY … States’ positions on and participation in a future convention. However, this was not reflected in the text of the zero-draft itself. In the course of the initial informal consultations, it became clear that the zero-draft would be unacceptable for a number of critical delegations, while EU Member States agreed that it represented the lowest acceptable threshold of progress for them. After complaining about the initiation of the country-led process, China proposed some amendments to the zero-draft, during the second round of informal consultations, including (a) adding the “without prejudice” clause, (b) also taking note of the divergent views on the substance and further possible action on the CAH, (c) holding a resumed session of the Sixth Committee in 2023 instead of establishing an ad hoc committee and (d) inviting States to submit written comments and observations on the CAH. The Chinese approach represented a shift towards constructive engagement, demonstrating the positive impact of the country-led process. The co-facilitators then prepared a revised draft based in part on China’s proposal. In the revised draft, the ad hoc committee was indeed replaced by two resumed sessions of the Sixth Committee in 2023 and 2024, and the “without prejudice” clause was included. The resumed session was supposed to take place in the format of a working group in order to allow for more interactivity. States were also invited to submit written comments and observations. However, after this draft was published, a number of critical delegations circulated a letter emphasizing that it “[did] not objectively and comprehensively reflect comments in previous discussions and is far from reaching a balance of interest or compromise” . Russia, in its separate letter, added that the draft “ still [contained] a number of elements completely unacceptable to [their] delegation such as disregarding methods of work of the Committee, imposition of artificial deadlines and non-equal treatment of topics on the agenda” . After further tough negotiations, the co-facilitators proposed a final draft that seemed too little ambitious for the progress-supporting delegations and too much for the critical delegations. This draft was co-sponsored by more than 80 States. Under pressure from China and other critiques, the working group format was dropped and there was only a vague mention that the resumed session should take place “including in an interactive format”. Surprisingly, the silence procedure on this draft was not broken. The final draft resolution recommended that the General Assembly (a) take note of all views, comments and concerns expressed in the debate, (b) decide that the Sixth Committee shall resume its session twice for a week in spring of 2023 and 2024 including in an interactive format, (c) decide that written summary of these two sessions shall be prepared and (d) invite states to submit their written comments and observations on the CAH by the end of 2023. The Sixth Committee will again examine the CAH and the recommendation of the ILC during the 79 th session of the General Assembly in the light of the views expressed in discussions and written comments and observations. Resumed session of the Sixth Committee in April 2023 The first resumed session of the Sixth Committee was held in New York from April 10 to 14, 2023, to “exchange substantive views on all aspects of the Draft Articles” , and to “ further consider the recommendation of the ILC to elaborate a convention on the basis of the Draft Articles ” 15 . Overall, it was a very different exercise from what States are used to in regular sessions.

15 Ibidem .

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