VZCZCXYZ0000
PP RUEHWEB

DE RUCNDT #0982/01 3031427
ZNR UUUUU ZZH
P 291427Z OCT 08
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC PRIORITY 5197

UNCLAS USUN NEW YORK 000982 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNGA
SUBJECT: UNGA/C-6: UNGA,S SIXTH (LEGAL) COMMITTEE DISCUSSES 
SANCTIONS DURING THE DEBATE ON THE UN CHARTER. 
 
REF: 07 USUNNY 1125 
 
¶1.  Summary: The 63rd UNGA's Sixth Committee held its general 
debate on agenda item 78, "Report of the Special Committee on 
the Charter of the United Nations and on the Strengthening of 
the Role of the Organization," from October 22-23.  A 
prominent topic in the Report is UN sanctions.  Most speakers 
expressed the view that sanctions must be used as a tool of 
last resort, in accordance with the UN Charter and 
international law.  Many delegations expressed support for 
finalizing work on Russia's working paper on sanctions. 
Paragraph 6 lists the countries that spoke.  End Summary. 
 
IMPOSING SANCTIONS 
------------------ 
 
¶2.  Several speakers acknowledged that sanctions are an 
important tool for the maintenance of peace.  A large number 
argued that sanctions should only be applied within Charter 
provisions and in conformity with international law.  Sudan 
stated that sanctions have become a sword of attack rather 
than a last resort tool.  Similarly, Iran said the United 
Nations had shifted from the rule of law to the rule of 
power.  Countries advocated a number of recommendations for 
potential guidelines in invoking sanctions, including; 
specific objectives, time limits, clear reasons and 
justification for the sanctions, plans for periodic review, 
and a consideration of the potential consequences for 
civilians.  The EU stated that the procedures for listing and 
de-listing should be fair and clear.  Egypt, and other 
non-aligned movement (NAM) members, condemned the use of 
unilateral sanctions.  In its intervention, the United 
States, as instructed, said that the Charter Committee should 
not attempt to devise norms concerning the design and 
implementation of sanctions, and should not pursue activities 
that would be duplicative or inconsistent with the roles of 
the principal organs of the United Nations as set forth in 
the Charter, in particular Article 24, which gives the 
Security Council primary responsibility for the maintenance 
of international peace and security. 
 
¶3.  Russia referred to its revised working paper, "Standards 
and Fundamental Principles Governing the Adoption and 
Implementation of Sanctions by the United Nations," asking 
that the Charter Committee consider it again with an eye 
toward adoption by the UNGA Sixth Committee in the next 
session.  Iraq and China supported "further consideration" of 
Russia's proposal.  The Rio Group, Syria, Venezuela, Cote 
d'Ivoire, India, and Afghanistan supported Russia in aiming 
to finalize the working paper in order to recommend it to the 
64th General Assembly for adoption. (Comment.  The United 
States did not oppose further work on the Russian paper, but 
considers it to be seriously flawed. End Comment.) 
 
ASSISTANCE TO THIRD STATES 
-------------------------- 
 
¶4.  The EU stated that no requests for assistance had been 
submitted to any of the sanctions committees in the last six 
years by third states affected by sanctions.  For this 
reason, the EU argued that the question of assistance to 
third states is no longer relevant and could be removed from 
the agenda.  The United States added that Article 50 provides 
the right to consult; however, this does not require the 
Council to take action regarding effects on third states. 
India, however, opined that Article 50 does go beyond 
procedure and obligates the Security Council to find 
solutions to the effects of sanctions on third states. 
Egypt, China and others also said that the lack of formal 
requests for assistance by third states should not be 
understood as the lack of any effect on third states. 
 
OTHER THEMES 
------------ 
 
¶5.  Japan did not address the issue of sanctions but focused 
on the other aspects of the agenda item, including clearing 
the delay in publication of the Repertory of Practice of the 
United Nations and the Repertoire of Practice of the Security 
Council.  South Africa referred to a gentlemen's agreement 
regarding the "Group A" Security Council seats.  According to 
that agreement, three seats belong to Africa, two belong to 
Asia and one between the two belongs to an Arab nation.  The 
representative said that the Charter Committee is an 
appropriate forum to consider documenting this agreement, 
since, in the case of highly contested elections, that 
agreement could be thwarted. 
 
LIST OF SPEAKERS 
---------------- 
 
¶6.  The following delegations gave interventions: Kenya (on 
behalf of the African Group), Mexico (on behalf of the Rio 
Group), Cuba (on behalf of the NAM), France (on behalf of the 
EU), Afghanistan, Algeria, Belarus, Cameroon, China, Cuba, 
Egypt, India, Iraq, Iran, Japan, Libya, Nigeria, Russia, 
Senegal, Sudan, Syria, Trinidad and Tobago, South Africa, 
Turkey, United States, Venezuela, and Yemen. 
Khalilzad