VZCZCXYZ0008
OO RUEHWEB

DE RUCNDT #0139/01 0511948
ZNR UUUUU ZZH
O 201948Z FEB 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1361
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE

UNCLAS USUN NEW YORK 000139 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PTER
SUBJECT: ELEVENTH SESSION OF THE UN SIXTH COMMITTEE AD HOC 
COUNTER-TERRORISM COMMITTEE 
 
 ¶1.  (SBU) BEGIN SUMMARY:  The eleventh session of the Ad Hoc 
Committee met on February 5, 6, and 15.  Delegations 
discussed completion of the comprehensive convention; the 
proposal to convene a high-level conference on 
counter-terrorism; and the status of intersessional informal 
negotiations; and adopted its report.  The Ad Hoc Committee 
recommended that the Sixth Committee 1) establish a working 
group at the sixty-second session of the Assembly with a view 
to finalizing the draft comprehensive convention and 2) 
continue to discuss the question of convening a high-level 
conference under the auspices of the United Nations.  END 
SUMMARY. 
 
¶2.  (SBU) During the first plenary meeting of the Ad Hoc 
Committee, delegations reiterated their condemnation of 
international terrorism in all its forms and the need for 
international cooperation to counter terrorism.  Delegations 
stressed that the fight against terrorism should be conducted 
in conformity with the Charter of the United Nations and 
relevant international law.  Concern was raised by some 
delegations regarding the use of a double standard in the 
fight against terrorism and some stressed the need to address 
terrorism's root causes. 
 
------------------------------ 
Draft Comprehensive Convention 
------------------------------ 
 
¶3.  (SBU) Delegations welcomed this session of the Ad Hoc 
Committee as an opportunity to agree upon outstanding issues 
in the text of the Comprehensive Convention.  Delegations 
said that the completion of the convention would be a 
significant contribution to the existing counter-terrorism 
legal framework.  Some delegations noted their commitment to 
reaching an agreement on the text of the draft convention. 
(European Union, United States, Japan).  Delegations 
reiterated the importance they attached to the convention, 
however, concerns were raised about the text and scope of the 
current draft.  The Democratic People's Republic of Korea 
noted that acts of state terrorism were a serious concern to 
the international community, and expressed the view that any 
comprehensive convention must include "state terrorism." As 
in previous years, some delegations emphasized the need for a 
legal definition of terrorism (Organization of Islamic 
Conference, Morocco, Cuba, Libya).  Some of these and other 
delegations underscored the importance of distinguishing 
between terrorism and the legitimate struggle of a people for 
self-determination (Organization of Islamic Conference, 
CARICOM, Libya). 
 
--------------------------------------------- 
Question of Convening a High-Level Conference 
--------------------------------------------- 
 
¶4.  (SBU) During the first plenary meeting of the Ad Hoc 
Committee, some delegations reiterated their full support for 
the convening of a high-level conference on counter-terrorism 
in Egypt. Other delegations said they would consider a 
conference after the completion of the comprehensive 
convention. 
 
¶5.  (SBU) Informal consultations were held on February 6 to 
discuss the Egyptian proposal to convene a high-level 
conference.  As in previous years, Egypt expressed a desire 
to hold this conference irrespective of the completion of the 
comprehensive convention.  The Egyptian delegation noted that 
the Movement of Non-Aligned Countries had endorsed the 
proposal for the conference in 2006.  Egypt urged that the 
convening of the conference not be tied to the completion of 
the convention, as some of the topics discussed at the 
conference would not be addressed by the Convention. 
Furthermore, Egypt submitted that the conference would 
present an opportunity for dialogue, through which 
differences of opinion might be eliminated. 
 
¶6.  (SBU) Some delegates supported the proposal to convene 
the conference notwithstanding completion of the convention 
(Pakistan and Indonesia).  Other delegates reiterated their 
support for the Egyptian proposal in principle; however, 
noted that the proposal should be considered only after the 
finalization of the draft convention (European Union and 
India). 
 
-------------------------------- 
Intersessional Informal Contacts 
-------------------------------- 
 
¶7.  (SBU) Ms. Maria Telalian (Greece), Committee 
Vice-Chairman, briefed the Committee on the informal 
intersessional bilateral contacts, which took place during 
January-February 2007.  Intersessional contacts took the form 
of informal meetings with individual delegations and focused 
 
 
on outstanding issues concerning the draft comprehensive 
convention.  The US delegation met with the Chairman and 
Vice-Chairman during the session and reiterated our position 
on the text.  Telalian informed the delegation that she 
planned to present a compromise text for delegations' 
consideration (paragraph 10). 
 
¶8.  (SBU) On February 9, the Vice-Chairperson presented the 
compromise text below, which she characterized as "elements 
of an overall package." She explained that the language of 
the preamble was based on language contained in the Terrorist 
Bombings and Nuclear Terrorism Conventions and is intended to 
affirm that there are existing rules of international law 
that are applicable to military forces of a state acting in 
official duties. 
 
¶9.  (SBU) Telalian affirmed that paragraph 3 of article 18 
was intended to cover both substantive and procedural 
aspects, and that the phrase "inasmuch as they are governed 
by other rules of international law" comprised both lawful 
and unlawful conduct under international law.  Together with 
paragraph 3, paragraph 4 was to be understood as meaning that 
it did not make lawful, otherwise unlawful acts.  Moreover, 
such conduct, if unlawful, did not preclude prosecution under 
other laws.  Telalian noted that to further clarify this 
prohibition against impunity, paragraph 4 had been amended to 
include the word "punishable." The addition was to underscore 
that that there is an inner core of offenses that remain 
punishable irrespective of the regime that would apply. 
 
¶10.  (SBU) Telalian explained that the newly added paragraph 
5 consisted of a general statement with regard to rules of 
international law applicable for certain acts that would be 
lawful under international humanitarian law.  TelalianQtressed that it would be up to the parties to the convention 
and the judicial authorities to interpret the paragraph in 
light of the circumstances of specific cases.  Parties would 
have to determine the relationship between the convention and 
international humanitarian law in accordance to the 
circumstances particular to each case. 
 
BEGIN TEXT 
Preamble 
Noting that the activities of military forces of States are 
governed by rules of international law outside the framework 
of this Convention and that the exclusion of certain actions 
from the coverage of this Convention does not condone or make 
lawful otherwise unlawful acts, or preclude prosecution under 
other laws, 
 
Text relating to article 18 of the draft comprehensive 
convention: 
 
¶1.  Nothing in this Convention shall affect other rights, 
obligations and responsibilities of States, peoples and 
individuals under international law, in particular the 
purposes and principles of the Charter of the United Nations, 
and international humanitarian law. 
 
¶2.  The activities of armed forces during an armed conflict, 
as those terms are understood under international 
humanitarian law, which are governed by that law, are not 
governed by this Convention. 
 
¶3.  The activities undertaken by the military forces of a 
State in the exercise of their official duties, inasmuch as 
they are governed by other rules of international law, are 
not governed by this Convention. 
 
¶4.  Nothing in this article condones or makes lawful 
otherwise unlawful acts, nor precludes prosecution under 
other laws; acts that would amount to an offense as defined 
in article 2 of this Convention remain punishable under such 
laws. 
 
¶5.  This Convention is without prejudice to the rules of 
international law applicable in armed conflict, in particular 
those rules applicable to acts lawful under international 
humanitarian law.  END TEXT. 
 
WOLFF