CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ ACTIVITIES OF THE SIXTH COMMITTEE OF THE UN GENERAL ASSEMBLY … The discussion in the working group, chaired by the Permanent Representative of the Philippines, showed a high-level of interest in the topic among delegations (a total of 144 delegations intervened, including the EU). While many delegations expressed support for the elaboration of a convention on this matter (Croatia, Italy and Portugal among the EU Member States), some (including the Czech Republic) remained hesitant or reserved, preferring a soft law instrument (e.g. Canada, Australia, New Zealand, Ireland, Japan, the Netherlands, the United States). Russia even expressed the view that DAPPED should be sent back to the ILC for further refinement. The CANZ group (Canada, Australia, New Zealand) stressed that there were different views on the content of some the draft articles (e.g. lack of unanimity on the definition of a disaster as they considered the definition in the draft to be too broad). They also pointed out that there were already numerous international legal instruments in this field and it might be useful to carry out a “mapping exercise” before starting negotiations on a convention (the Czech Republic supported this view). Some countries also stressed the need to clarify the relationship between DAPPED and the norms of International Humanitarian Law, as the current draft definition of disaster could include armed conflicts, economic crises, etc. The working group is mandated to meet again during the 79 th session of the General Assembly in 2024, at which time the Sixth Committee should also take a decision on any action to be taken with respect to DAPPED. It is expected that many States will draw parallels with the Draft Articles on Prevention and Punishment of Crimes Against Humanity. In general, and notwithstanding differences of opinions, it was felt that the ILC had fulfilled its role in producing a draft that generated a substantive discussion in the Sixth Committee (as opposed to merely procedural discussions on many other topics). The level of engagement in the discussion was, according to some, reminiscent of the “good old days of the Sixth Committee”. For the 79 th session, the Secretariat will prepare a report outlining various procedural options with respect to DAPPED, as mandated by the resolution adopted in 2021. Peremptory norms of general international law ( jus cogens) In 2022, during the 77 th session of the General Assembly, delegations were unable to reach consensus on the draft resolution on Draft Conclusions on Identification and Legal Consequences of Peremptory Norms of General International Law ( Jus Cogens ) 25 . 26 Negotiations resumed in 2023, coordinated by the representative of Slovakia. After many rounds of informal consultations, during which one group of States favored annexing the draft conclusions to the resolution, while the other group opposed it ( tertium non datur ), the facilitator presented a draft resolution in which every single word was carefully weighed in order to strike the right balance and reach consensus. The discussions were so detailed that, for example, the text “[The General Assembly] [c]ommends the conclusions /…/ to the attention of States /…/” had to be replaced by “[The General Assembly] [b]rings the conclusions /…/ to the

25 Draft Conclusions on Identification and Legal Consequences of Peremptory Norms of General International Law ( Jus Cogens ), adopted by the International Law Commission at its seventy-third session, in 2022. Available here: https://legal.un.org/ilc/texts/instruments/english/draft_articles/1_14_2022.pdf. 26 See ZUKAL, Marek and Anna MATOUŠKOVÁ, op. cit.

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