VZCZCXYZ0003
PP RUEHWEB

DE RUCNDT #0989/01 3131920
ZNR UUUUU ZZH
P 091920Z NOV 07
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC PRIORITY 3038

UNCLAS USUN NEW YORK 000989 
 
SIPDIS 
 
SIPDIS 
 
DEPARTMENT FOR IO/UNP EDMONDSON 
 
E.O. 12958: N/A 
TAGS: UNGA UNGA
SUBJECT: ACTION REQUEST: SIXTH COMMITTEE DRAFT OMNIBUS 
RESOLUTION ON THE REPORT OF THE INTERNATIONAL LAW COMMISSION 
 
REF: A. KIINGI/WILCOX EMAIL 05 NOV 07 
 
     ¶B. LEIS/WILCOX EMAIL 05 NOV 07 
 
¶1. ACTION REQUEST: USUN requests instructions from the 
Department to join consensus on the Sixth Committee's draft 
omnibus resolution on the Report of the International Law 
Commission (agenda item 82) contained in para 3, or 
substantially similar text.  The text of all draft 
resolutions must be tabled before the Sixth Committee by 
November 9.  USUN expects the Sixth Committee to take action 
on draft resolutions shortly thereafter.  USUN point of 
contact for this resolution is Elizabeth Wilcox, (212) 
415-4220, WilcoxE@state.gov.  END ACTION REQUEST. 
 
¶2.  BACKGROUND/COMMENT: Per ref A, the text of the draft 
resolution in para 3 is an update of last year's resolution 
on the ILC Report.  USUN and the Department discussed in 
particular OP 19, which approves the recommendations in 
paragraphs 387 - 395 of ILC Report concerning publications. 
Per ref B, USUN discussed the potential budgetary impact of 
the publications with the Secretariat, which confirmed that 
all of the publications contemplated in the ILC's report have 
been provided for in the existing budget.  The Secretariat 
confirmed more generally that the resolution would have not 
extrabudgetary implications.  END BACKGROUND/COMMENT. 
 
¶3. Text of draft omnibus resolution on the Report of the 
International Law Commission: 
 
BEGIN TEXT: 
 
Sixty-second session 
Sixth Committee 
Agenda Item 82 
 
Draft Resolution 
Report of the International Law Commission on the work of its 
fifty-ninth session 
 
The General Assembly, 
 
Having considered the report of the International Law 
Commission on the work of its fifty-ninth session, 
 
Emphasizing the importance of furthering the progressive 
development of international law as a means of implementing 
the purposes and principles set forth in the Charter of the 
United Nations and in the Declaration on Principles of 
International Law concerning Friendly Relations and 
Cooperation among States in accordance with the Charter of 
the United Nations, 
 
Recognizing the desirability of referring legal and drafting 
questions to the Sixth Committee, including topics that might 
be submitted to the International Law Commission for closer 
examination, and of enabling the Sixth Committee and the 
Commission to enhance further their contribution to the 
progressive development of international law and its 
codification, 
 
Recalling the need to keep under review those topics of 
international law which, given their new or renewed interest 
for the international community, may be suitable for the 
progressive development and codification of international law 
and therefore may be included in the future programme of work 
of the International Law Commission, 
 
Welcoming the holding of the International Law Seminar, and 
noting with appreciation the voluntary contributions made to 
the United Nations Trust Fund for the International Law 
Seminar, 
 
Acknowledging the importance of facilitating the timely 
publication of the Yearbook of the International Law 
Commission and eliminating the backlog, 
 
Stressing the usefulness of focusing and structuring the 
debate on the report of the International Law Commission in 
the Sixth Committee in such a manner that conditions are 
provided for concentrated attention to each of the main 
topics dealt within the report and for discussions on 
specific topics, 
 
Wishing to enhance further, in the context of the 
revitalization of the debate on the report of the 
International Law Commission, the interaction between the 
Sixth Committee as a body of governmental representatives and 
the Commission as a body of independent legal experts, with a 
view to improving the dialogue between the two bodies, 
 
Welcoming initiatives to hold interactive debates, panel 
 
 
discussions and question time in the Sixth Committee, as 
envisaged in resolution 58/316 of 1 July 2004 on further 
measures for the revitalization of the work of the General 
Assembly, 
 
¶1. Takes note of the report of the International Law 
Commission on the work of its fifty-ninth session, and 
recommends that the Commission continue its work on the 
topics in its current programme, taking into account the 
comments and observations of Governments, whether submitted 
in writing or expressed orally in debates in the General 
Assembly; 
 
¶2. Expresses its appreciation to the International Law 
Commission for the work accomplished at its fifty-ninth 
session; 
 
¶3. Draws the attention of Governments to the importance for 
the International Law Commission of having their views on the 
various aspects involved in the topics on the agenda of the 
Commission, in particular on all the specific issues 
identified in chapter III of its report, regarding: 
 
(a) Reservations to treaties; 
 
(b) Shared natural resources; 
 
(c) Expulsion of aliens; 
 
(d) Responsibility of international organizations; 
 
(e) The obligation to extradite or prosecute (aut dedere aut 
judicare); 
 
¶4. Invites Governments, within the context of paragraph 3 
above, to provide information to the International Law 
Commission regarding practice with regard to the topics 
"Expulsion of aliens" and "the obligation to extradite or 
prosecute (aut dedere aut judicare); 
 
¶5. Reiterates its invitation to Governments, within the 
context of Chapter III of the 2005 report of the 
International Law Commission, to provide information to the 
Commission regarding State practice, in particular more 
contemporary practice on the topic " Effects of armed 
conflicts on treaties"; 
 
¶6. Draws the attention of Governments to the importance for 
the International Law Commission of having their comments and 
observations by 1 January 2008 on the draft articles and 
commentaries on law of transboundary aquifers adopted on 
first reading by the Commission at its fifty-eighth session; 
 
¶7. Takes note of the decision of the International Law 
Commission to include the topics "Protection of persons in 
the event of disasters" and "Immunity of State officials from 
foreign criminal jurisdiction" in its programme of work; 
 
¶8. Invites the International Law Commission to continue 
taking measures to enhance its efficiency and productivity 
and to consider making proposals to that end; 
 
¶9. Encourages the International Law Commission to continue 
taking cost-saving measures at its future sessions without 
prejudice to the efficiency of its work and in that regard 
notes with appreciation that, taking into account the 
requirements of the Commission's programme of work, the first 
part of the 2006 session of the International Law Commission 
was concluded on 5 July, three days earlier than originally 
scheduled; 
 
¶10. Takes note of paragraph 399 of the report of the 
International Law Commission, and decides that the next 
session of the Commission shall be held at the United Nations 
Office at Geneva from 5 May to 6 June and from July to 8 
August 2008; 
 
¶11. Welcomes the enhanced dialogue between the International 
Law Commission and the Sixth Committee at the sixty-second 
session of the General Assembly, stresses the desirability of 
further enhancing the dialogue between the two bodies, and in 
this context encourages, inter alia, the continued practice 
of informal consultations in the form of discussions between 
the members of the Sixth Committee and the members of the 
Commission attending the sixty-third session of the Assembly; 
 
¶12. Encourages delegations, during the debate on the report 
of the International Law Commission, to adhere as far as 
possible to the structured work programme agreed to by the 
Sixth Committee and to consider presenting concise and 
focused statements; 
 
 
 
¶13. Encourages Member States to consider being represented at 
the level of legal adviser during the first week in which the 
report of the International Law Commission is discussed in 
the Sixth Committee (International Law Week) to enable 
high-level discussions on issues of international law; 
 
¶14. Requests the International Law Commission to continue to 
pay special attention to indicating in its annual report, for 
each topic, any specific issues on which expressions of views 
by Governments, either in the Sixth Committee or in written 
form, would be of particular interest in providing effective 
guidance for the Commission in its further work; 
 
¶15. Takes note of paragraphs 400 to 405 of the report of the 
International Law Commission with regard to cooperation with 
other bodies, and encourages the Commission to continue the 
implementation of article 16, paragraph (e), and article 26, 
paragraphs 1 and 2, of its statute in order to further 
strengthen cooperation between the Commission and other 
bodies concerned with international law, having in mind the 
usefulness of such cooperation; 
 
¶16. Notes that the International Law Commission, in 
accordance with article 25, paragraph 1, of its statute, held 
a meeting during its fifty-ninth session with United Nations 
and other experts in the field of human rights, including 
representatives from human rights treaty bodies, and 
exchanged views on issues relating to reservations to human 
rights treaties; 
 
¶17. Also notes that consulting with national organizations 
and individual experts concerned with international law may 
assist Governments in considering whether to make comments 
and observations on drafts submitted by the International Law 
Commission and in formulating their comments and 
observations; 
 
¶18. Reaffirms its previous decisions concerning the 
indispensable role of the Codification Division of the Office 
of Legal Affairs of the Secretariat in providing assistance 
to the International Law Commission; 
 
¶19. Approves the conclusions reached by the International Law 
Commission in paragraphs 387 to 395 of its report; 
 
¶20. Approves the conclusions reached by the International Law 
Commission in paragraphs 382 and 383 of its report, and 
reaffirms its previous decisions concerning the documentation 
and summary records of the Commission; 
 
¶21. Takes note of paragraph 385 of the report of the 
International Law Commission and, without prejudice to the 
importance of ensuring necessary allocations in the regular 
budget, requests the Secretary General to establish a trust 
fund to address the backlog on the Yearbook of the 
International Law Commission; 
 
¶22. Takes note also of the Guidelines on the publication of 
documents of the International Law Commission as endorsed by 
the Commission in paragraph 381 of its report; 
 
¶23. Takes note of paragraphs 396 and 397 of the report of the 
International Law Commission and encourages legal advisers to 
participate in the commemorative meeting envisaged for the 
Sixtieth anniversary to be held in Geneva on 19 and 20 May 
2008 and invites Member States, in association with existing 
regional organizations, professional associations, academic 
institutions and members of the Commission to convene 
national or regional meetings, which would be dedicated to 
the work of the Commission; 
 
¶24. Notes with appreciation the expansion of the website of 
the International Law Commission to include all its 
documentation, and welcomes the continuous efforts of the 
Codification Division to maintain and improve the website; 
 
¶25. Expresses the hope that the International Law Seminar 
will continue to be held in connection with the sessions of 
the International Law Commission and that an increasing 
number of participants, in particular from developing 
countries, will be given the opportunity to attend the 
Seminar, and appeals to States to continue to make urgently 
needed voluntary contributions to the United Nations Trust 
Fund for the International Law Seminar; 
 
¶26. Requests the Secretary-General to provide the 
International Law Seminar with adequate services, including 
interpretation, as required, and encourages him to continue 
considering ways to improve the structure and content of the 
Seminar; 
 
 
 
¶27. Also requests the Secretary-General to forward to the 
International Law Commission, for its attention, the records 
of the debate on the report of the Commission at the 
sixty-second session of the General Assembly, together with 
such written statements as delegations may circulate in 
conjunction with their oral statements, and to prepare and 
distribute a topical summary of the debate, following 
established practice; 
 
¶28. Requests the Secretariat to circulate to States as soon 
as possible after the conclusion of the session of the 
International Law Commission, chapter II of its report 
containing the summary of the work of that session, chapter 
III containing the specific issues on which the views of 
Governments would be of particular interest to the Commission 
and the draft articles adopted on either the first or second 
reading by the Commission; 
 
¶29. Requests that the debate on the report of the 
International Law Commission at the sixty-third session of 
the General Assembly commence on 27 October 2008. 
 
END TEXT. 
Khalilzad