GA/L/3150

LEGAL COMMITTEE DISCUSSES EFFORTS TO PROTECT DIPLOMATS, IMPORTANCE OF PROSECUTING PERPETRATORS OF ATTACKS

Yemen Says Criminal Act against British Embassy Being Investigated

The importance of prosecuting attacks against diplomats was stressed this afternoon in the Sixth Committee (Legal), as it met to discuss effective measures to ensure the security and safety of diplomatic and consular missions and representatives.

The speakers for Turkey and Iran, after recounting attacks on their diplomats, expressed concern that often those guilty of such heinous crimes were yet to be brought to justice. The representative of Norway pointed out that protection of diplomatic missions and their personnel was recognized very early in history as a necessary building stone for the system of international cooperation. Awareness and precautionary measures were still needed to enhance the security of the personnel and the unhindered conduct of diplomatic and consular relations.

The representative of Yemen said his country condemned all such attacks, whatever their source or their form. He emphasized that Yemen had taken all appropriate steps to investigate the recent criminal act against the United Kingdom Embassy.

The Committee had before it a report on the subject from the Secretary- General on the status of ratifications and accessions to the various relevant legal instruments, as well as reports from States on violations against diplomatic and consular missions and representatives. As the Committee concluded its consideration, it was announced that Finland would be coordinating a draft resolution on the matter.

Taking part in the discussion this afternoon were the representatives of France (on behalf of the European Union), Norway (on behalf of the Nordic countries), Turkey, Cuba, Iran, Saudi Arabia, Ukraine and Yemen.

The Committee will meet again tomorrow, 19 October, at 10 a.m. to continue its discussion on the establishment of the International Criminal Court.

Sixth Committee - 2 - Press Release GA/L/3150 10th Meeting (PM) 18 October 2000

Committee Work Programme

The Sixth Committee (Legal) met this afternoon to begin its consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (documents A/55/164 and Add.1 and Add.2).

The report from the Secretary-General responds to a request from the General Assembly for information on the status of ratifications and accessions to the various relevant legal instruments as well as reports from States on violations against diplomatic and consular missions and representatives.

Concerning violations, the report includes notifications from Turkey about acts of violence directed against its consulate premises and the car of the Turkish Counsellor in Greece; from Denmark about an incident at the Greek Embassy and another at the United States Embassy; from the Holy See about an incident in Papua New Guinea; and from Greece about burglary attempts on consulate employees in Istanbul and embassy employees in Ankara. Greece also sent in a report in response to the complaint by Turkey. Uruguay reported minor incidents and Austria, Burkina Faso, Germany and Saudi Arabia reported that there had been no violations during the reporting period.

The report also includes notices from Kuwait and Saudi Arabia concerning security considerations in their countries. Tables listing participation in the relevant international conventions are annexed to the report.

The first addendum to the report covers notices from Estonia about a phone threat received by the Russian Embassy; from the Holy See about a second incident in Papua New Guinea; from the Philippines about violations involving its embassies in Phnom Penh and from The Hague; and Sweden about an incident at the Honorary Consulate General of Austria. Bulgaria, Hungary and Ukraine reported that there had been no serious violations. Mexico, Bulgaria, Philippines and Sweden also reported on security considerations in their countries.

The second addendum contains notices from the Russian Federation about violations at its embassies or consulates in Denmark, Finland, Georgia, Germany, Lebanon, Poland and the United States.

Statements

FRANCOIS ALABRUNE (France), speaking on behalf of the European Union, its associated States, and Bulgaria and Cyprus, reasserted the crucial importance of effective protection of diplomatic and consular staff in the conduct of international relations. He said the privileges and immunities enjoyed by diplomatic and consular staff and premises formed an essential guarantee against various obstacles and pressures. They were mutually beneficial to all States. Any acceptance of lessened protection would endanger the establishment of trust among nations and concord among peoples.

The obligation of guaranteeing the physical safety of staff remained most important, and the European Union was prepared to participate in all efforts towards that end. As indicated by General Assembly resolution 53/97, the European Union reasserted that States must strictly observe and implement the provisions of international law relating to diplomatic and consular relations. More specifically, host States were responsible for ensuring the protection of diplomatic and consular staffs and missions against groups or organizations who might intend to threaten their security. That message, regularly reaffirmed by the international community, was a reminder of the absolute obligations incumbent on every State.

The European Union once more rejoiced in the large number of adherents to the multilateral instruments relating to diplomatic and consular protection. However, it considered that those norms deserved universal acceptance, and called upon all States to become party to them.

LENE N. LIND (Norway), speaking also for the other Nordic countries �- Denmark, Finland, Iceland and Sweden �- said those nations had introduced the item in the General Assembly agenda 20 years ago. They condemned all violations of the protection of diplomatic as well as consular representatives and premises. Such protection, recognized early in history, was a necessary building-stone for the very system of international cooperation.

Respect for the principles and rules of international law governing diplomatic and consular relations was a basic prerequisite for the normal conduct of relations among States, and for the fulfilment of the purposes and principles of the Charter. While �sending� States were entitled to the best possible protection of their representatives, the duty of those representatives to respect the laws and regulations of the �receiving� States must be strictly observed. Awareness and precautionary measures were still needed to enhance the security of the personnel and the unhindered conduct of diplomatic and consular relations.

The Nordic countries emphasized the need for close cooperation between the sending and receiving States to prevent violations of the security and safety of diplomatic and consular missions and representatives. They drew attention to reporting procedures on violations which were very important in promoting efforts to enhance protection.

TEOMAN UYKUR (Turkey) said his country�s diplomatic and consular missions had been the targets of terrorism, and many Turkish diplomats had lost their lives in vicious terrorist attacks in the past. The attacks against Turkish diplomats had particularly escalated after 1974, and their perpetrators had been tolerated in some countries because of political expediencies. The protection provided by some States did not correspond to the nature and level of the threat posed by those who bred terrorism.

States should take all measures, including those of a preventive nature, to prohibit the illegal activities of persons, groups or organizations that encouraged or instigated the perpetration of such acts. Protection of diplomatic and consular missions and representatives was an essential principle of human conduct and was a legal obligation under various legal documents. When reporting events and responding to reports, States should keep in mind their serious nature and put forward the concrete measures that had been taken to prevent them. The reporting mechanism should give a clear picture of the measures taken, actions implemented and results achieved.

SORAYA ELENA ALVAREZ NUNEZ (Cuba) said respect for the principles and norms of international law governing diplomatic relations was a basic requirement for the normal development of relations between States. Cuba noted with concern the letters from the Yugoslav Mission and called for respect for all provisions of the Vienna Convention of 1961 on diplomatic relations, as well as for customary law that recognized that important connection to security and certainty in international relations.

She said that analysing the issue in the Sixth Committee offered an opportunity to promote and guarantee respect for the observance of diplomatic and consular laws in both bilateral diplomatic relations and multilateral relations. She called upon States to consider becoming parties to the relevant legal instruments, in particular, the Vienna Convention of 1975 covering relations with international organizations.

MOHAMMAD HASAN FADAIFARD (Iran) said that, despite the measures adopted so far, several instances of violence had occurred in the past two years. The recent terrorist attack against the United Kingdom Embassy in Sanaa was yet another indication that such threats had not abated. Iran was concerned that, in certain cases, the perpetrators of such heinous crimes had yet to be brought to justice.

He recalled two cases out of many incidents of violence against Iranian diplomats in the past years. In spite of the good offices of the former and current Secretary-Generals, Iran had not received any credible information on the fate of the Charg� d�affaires and three other staff members of the Iranian Embassy in Beirut who were abducted in 1982. Family members of the diplomats had been painfully waiting for years for reliable news on their fate. The second case concerned the massacre of all members of the Iranian Consulate and an Iranian journalist by Taliban Forces in 1998 in Mazar-e-Sharif. He said the Taliban leaders had yet to heed the demand of the international community and the call by the Security Council for cooperation with the United Nations in investigating those outrageous crimes and bringing the perpetrators to justice.

ABDULWAHAB SHEIKH (Saudi Arabia) said his Government guaranteed the security and safety of diplomatic missions and their representatives as a duty, and as stated by Islam. Saudi Arabia had undertaken to protect all diplomatic missions and to create the environment that allowed them to carry out their activities in peace. The head of the country�s security services coordinated activities regarding security and protection with the various diplomatic and consular missions. He reiterated that the competent authorities were doing everything to prevent any acts against diplomatic missions.

VOLODYMYR KROKHMAL (Ukraine) said the international regime on protection, security and safety of diplomatic and consular missions, and their representatives, should be enhanced. Ukraine called upon all States that had not yet ratified, accepted or acceded to the Vienna Conventions on diplomatic and consular relations or the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, to do so as soon as possible.

He said Ukraine strongly condemned acts of violence against diplomatic and consular missions and their representatives. Those guilty of such acts should be prosecuted and punished. Ukraine supported practical measures by States to prevent and prohibit the use of their territory for illegal activities against the security and safety of diplomatic and consular missions, their personnel and other internationally protected persons. Ukraine supported the retention of the item on the agenda of the General Assembly.

ALI AHMED MOHAMED AL-DAILMI (Yemen) said his country shared most of the opinions expressed in the discussion on providing full protection for diplomatic and consular missions and their personnel. Yemen condemned all such attacks, whatever their source or their form. He emphasized that Yemen had taken all appropriate steps to investigate the recent criminal act against the United Kingdom Embassy. All the competent authorities had done everything to provide protection and safety to all diplomatic missions. In that context, he said, what had happened in his country occurred all over the world.

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