VZCZCXYZ0000
RR RUEHWEB

DE RUCNDT #0221/01 0681442
ZNR UUUUU ZZH
R 091442Z MAR 09
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC 6016

UNCLAS USUN NEW YORK 000221 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PTER UNGA UNSC
SUBJECT: 2009 MEETING OF THE SPECIAL COMMITTEE ON THE 
CHARTER OF THE UNITED NATIONS 
 
 ¶1.  Summary:  The Special Committee on the Charter of the 
United Nations and on the Strengthening of the Role of the 
Organization ("Charter Committee"), a sub-Committee of the 
General Assembly Legal Committee, held its annual meeting at 
UN Headquarters February 16-20, 23-25.  The Committee focused 
on the Russian working paper aimed at establishing basic 
conditions and criteria for the use of sanctions and made 
significant progress, but did not reach consensus.  The 
Committee's report to the General Assembly 
(A/AC.182/2009/CRP.1) can be found at 
http://www.un.org/documents.  End Summary. 
 
¶2.  During the Charter Committee's opening session, USUN 
delivered a brief statement addressing issues on the agenda. 
Among other things, USUN argued that many of the 
long-standing issues before the Committee have been addressed 
elsewhere and said the Charter Committee should not aim to 
devise norms concerning the design and implementation of 
sanctions.  Other delegations making formal opening 
statements were the Czech Republic (on behalf of the European 
Union), Cuba (on behalf of the Non-aligned Movement (NAM)), 
Senegal (on behalf of the African Union (AU)), Mexico (on 
behalf of the Rio Group), the Russian Federation, China, 
Azerbijan, Turkey, Japan, Iran, the Republic of Korea (ROK) 
and the Democratic Peoples Republic of Korea (DPRK).  The 
DPRK said that the U.S. and the ROK continue to violate the 
UN Charter due to the presence of U.S forces on the Korean 
peninsula.  The ROK responded by stating that the UN legally 
established its Unified Command on the Korean peninsula under 
UNSCR 84 adopted on July 7, 1950. 
 
----------------------- 
Russian Sanctions Paper 
----------------------- 
 
¶3.  (SBU) The Charter Committee focused its discussions on 
Russia's paper on the basic conditions for imposition of 
sanctions.  Much of the discussion on the paper involved Cuba 
(on behalf of the NAM), the Czech Republic (on behalf of the 
EU), the U.S. and Russia.  After several days of intense 
negotiations, NAM delegations supported the paper and pressed 
for its immediate adoption.  The EU also signaled its 
willingness to adopt the paper, but ultimately had issues 
with the way the subject of humanitarian assistance was 
captured and could not join consensus.  (Comment:  The EU's 
decision to engage reflected its assessment that, in light of 
significant amendments the Russians had made to accomodate 
delegation's concerns, it would be preferable to agree to the 
paper, rather than having to deal with Sudan in the future, 
(Cuba's successor representing the NAM.)  End Comment.)  Many 
of U.S. concerns were taken into consideration, although the 
NAM held strong to include language from General Assembly 
Resolution (51/242) "Agenda for Peace." 
 
¶4.  Although the Charter Committee did not reach consensus on 
the Russian paper, it did agree to recommend that the Sixth 
Committee consider it, with a view to adopt the paper at its 
next meeting.  The paper, without bracketed text, is annexed 
to the Charter Committee's report. 
 
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Other issues:  Maintenance of International Peace and Security 
--------------------------------------------- --------------- 
 
¶5.  The Charter Committee also briefly addressed, but reached 
no conclusions on, the implementation of the provisions of 
the UN Charter relating to assistance to third States 
affected by sanctions, Libya's 2002 working paper on 
sanctions, and Cuba's 2009 working paper 
(A/AC.182/L.93/Rev.1) on strengthening the role of the UN and 
enhancing its effectiveness. 
 
¶6.  Belarus reiterated the importance of its 2005 working 
paper, prepared with the Russian Federation, recommending 
that the General Assembly request an advisory opinion from 
the International Court of Justice (ICJ) on the legal 
consequences of the use of force by states without prior 
authorization by the Security Council, except in the exercise 
of the right to self-defense.  A number of NAM delegations 
supported the proposal, but the Committee did not reach 
consensus and it will remain on its agenda for future 
discussion. 
 
--------------------------------------------- ----- 
Repertory of Practice of UN Organs, 
Repertoire of the Practice of the Security Council 
--------------------------------------------- ----- 
 
¶7.  The Secretariat briefed the Committee on the status of 
the preparation of the Repertory and the Repertoire, and its 
ongoing efforts to reduce their respective backlogs.  The 
Secretariat advised that advance versions of supplements 14 
and 15 were available on the Internet and that groundwork for 
 
 
the preparation of supplement 16 was already under way with 
the systematic tracking and recording of the most 
contemporary practice of the Security Council.  At the 
conclusion of the meeting, the Committee agreed, among other 
things, to recommend that the General Assembly reiterate its 
call for voluntary contributions to the trust funds for the 
Repertoire and the Repertory and call upon the 
Secretary-General to continue his efforts to update the two 
publications. 
 
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Working Methods 
--------------- 
 
¶8.  Mexico, on behalf of the Rio Group, took the proposal by 
the Group entitled "Consideration of the legal aspects of the 
reform of the United Nations" off the table for consideration 
by the Committee.  Mexico reiterated that the aim of the 
concrete proposal was to consider the relevant aspects of the 
reform of the General Assembly. Mexico also stated that the 
Rio Group would reserve its right to revert to this proposal 
at future sessions of the Committee, if conditions were 
deemed appropriate. 
Rice