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...COMMUNICATIONS LTD
RDATE:10282002
The Sixth Committee (Legal) this morning began its consideration of the International Law Commission's report on its fifty-fourth session, and then approved draft resolution related to the functioning of the International Criminal Court.
By the draft, approved without a vote, the General Assembly would spell out the steps enabling the Assembly of States Parties to the Court's Statute to resume its first session from 3 to 7 February and from 21 to 23 April 2003. The Assembly of States Parties was scheduled to elect judges, a prosecutor and other officials of the Court during its February session. The Court had come into being on 1 July this year.
Also by the text, the committee on budget and finance of the Assembly of States Parties would meet from 4 to 8 August 2003 on the finances for the Court's first year of operation. A second session of the Assembly of States Parties would be held from 8 to 12 September 2003, according to the text. All the meetings would take place at Headquarters.
Speaking in explanation of vote before action on the text, the United States representative said he could not join the consensus on the draft because of his country's well known position on the Court. However, in the desire for consensus, he would not call for a vote.
Before starting its debate on the International Law Commission's report, the Committee held a moment of silence in memory of Valery Kuznetsov of the Russian Federation, who died recently. The Committee Chairman, Arpad Prandler of Hungary, noted that Mr. Kuznetsov was elected to the Commission last year and had served as its Rapporteur during the fifty-fourth session.
The report itself concerned the Commission's work during that session, which had been held in two parts this year, from 29 April to 7 June and from 22 July to 16 August.
Introducing the report, the Chairman of the Commission, Robert Rosenstock, United States, said a substantial part of the session had been devoted to the topic of diplomatic protection. The first seven draft articles on it had been adopted on first reading.
Work had also begun on four additional topics: international liability in case of loss from transboundary harm arising out of hazardous activities; responsibility of international organizations; fragmentation of international law, and shared natural resources.
The Committee Chairman noted that three Special Rapporteurs of the Commission were attending the debate. They were Christopher John Robert Dugard, Pemmaraju Sreenivasa Rao and Victor Rodriguez Cedeno.
The representative of Norway, speaking for the Nordic countries, said the work carried out by the Special Rapporteur on diplomatic protection represented a solid basis for codification on the topic. The Nordic countries fully supported the provisionally adopted draft articles on diplomatic protection, concerning refugees and stateless persons, as well as the requirements of continuous nationality which constituted useful and important clarifications.
The representatives of Australia, Germany and China also spoke this morning on the Commission's report.
The Committee will meet again at 10 a.m. on Wednesday, 30 October, to continue its consideration of the International Law Commission's report.
Background
The Sixth Committee met this morning to begin a two-week debate on the report of the International Law Commission, on its fifty-fourth session which was held in Geneva in two parts, from 29 April to 7 June and 22 July to 16 August this year. The Committee was first to examine the...
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