United Nations Sixth Committee on Aggression
Encyclopedia
The United Nations General Assembly Sixth Committee (Legal) is one of the main committees of the United Nations General Assembly
. The Sixth Committee is the primary forum for the consideration of legal questions in the General Assembly.
, and accession. While international law-making negotiations take place in a variety of specialized bodies of the United Nations, depending on their actual subject-matter, those negotiations related to general international law are usually held at the Sixth Committee.
such as Switzerland
, before its ascension to the UN, and the Holy See
may attend and participate in the discussions.
The Sixth Committee is led by a chairman assisted by three vice-chairmen and a rapporteur. The chairman must conduct the formal meetings, propose the program of work, and solve any procedural hurdles that may rise. The Bureau seeks to ensure that the negotiations conclude with a positive outcome.
The Sixth Committee meets every year from late September to late November, in parallel with the General Assembly’s annual session. At the beginning of the session, the General Assembly assigns to the Sixth Committee a list of agenda items to be discussed. Those items usually include the annual reports of the International Law Commission
, the United Nations Commission on International Trade Law, the Ad Hoc Committee established by Resolution 51/210 of 17 December 1996 on Terrorism, the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization and the Host Country Committee, as well as the item Measures to Eliminate International terrorism. Following a formal discussion and the negotiation of any proposals, any recommendation adopted by the Sixth Committee is then submitted to the Plenary of the General Assembly for its final adoption. If a particular issue is of great technical complexity, the Sixth Committee may refer it to the International Law Commission
or it may create a special subsidiary body to discuss it. The Sixth Committee follows a "mixed decision-making rule, where consensus is preferred but were a vote is still possible," that is, that while the Committee may take its decisions by voting
, most resolutions are adopted though without a formal vote, by acclamation
, unanimity
, or consensus.
have been negotiated, as a whole or in part, at the Sixth Committee:
Since 2000, and up to date, the Sixth Committee has been elaborating a Comprehensive Convention on International Terrorism
to complement the existing counter-terrorism instruments. That propose treaty has not yet been adopted.
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
. The Sixth Committee is the primary forum for the consideration of legal questions in the General Assembly.
Mandate
The UN General Assembly has an express mandate to promote the progressive development of public international law. Article 13 of the UN Charter establishes, in particular, that the “General Assembly shall initiate studies and make recommendations for the purpose of: (…) encouraging the progressive development of international law and its codification." Subsequent practice has interpreted this provision as a broad authorization to elaborate new treaties on the widest range of issues, to adopt them, and to recommend them to states for their subsequent signature, ratificationRatification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
, and accession. While international law-making negotiations take place in a variety of specialized bodies of the United Nations, depending on their actual subject-matter, those negotiations related to general international law are usually held at the Sixth Committee.
Composition and method of work
The Sixth Committee has universal membership, that is, all states member of the United Nations are de iure members of the Sixth committee. Non member states with observer status in the General AssemblyUnited Nations General Assembly observers
In addition to the current 193 member states, the United Nations welcomes many international organizations, entities, and non-member states as observers. Observer status is granted by a United Nations General Assembly resolution...
such as Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
, before its ascension to the UN, and the Holy See
Activities of the Holy See within the United Nations system
The activities of the Holy See within the United Nations system officially began on April 6, 1964, when the Holy See was granted the status of permanent observer state...
may attend and participate in the discussions.
The Sixth Committee is led by a chairman assisted by three vice-chairmen and a rapporteur. The chairman must conduct the formal meetings, propose the program of work, and solve any procedural hurdles that may rise. The Bureau seeks to ensure that the negotiations conclude with a positive outcome.
The Sixth Committee meets every year from late September to late November, in parallel with the General Assembly’s annual session. At the beginning of the session, the General Assembly assigns to the Sixth Committee a list of agenda items to be discussed. Those items usually include the annual reports of the International Law Commission
International Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
, the United Nations Commission on International Trade Law, the Ad Hoc Committee established by Resolution 51/210 of 17 December 1996 on Terrorism, the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization and the Host Country Committee, as well as the item Measures to Eliminate International terrorism. Following a formal discussion and the negotiation of any proposals, any recommendation adopted by the Sixth Committee is then submitted to the Plenary of the General Assembly for its final adoption. If a particular issue is of great technical complexity, the Sixth Committee may refer it to the International Law Commission
International Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
or it may create a special subsidiary body to discuss it. The Sixth Committee follows a "mixed decision-making rule, where consensus is preferred but were a vote is still possible," that is, that while the Committee may take its decisions by voting
Voting
Voting is a method for a group such as a meeting or an electorate to make a decision or express an opinion—often following discussions, debates, or election campaigns. It is often found in democracies and republics.- Reasons for voting :...
, most resolutions are adopted though without a formal vote, by acclamation
Acclamation
An acclamation, in its most common sense, is a form of election that does not use a ballot. "Acclamation" or "acclamatio" can also signify a kind of ritual greeting and expression of approval in certain social contexts in ancient Rome.-Voting:...
, unanimity
Unanimity
Unanimity is agreement by all people in a given situation. When unanimous, everybody is of the same mind and acting together as one. Though unlike uniformity, it does not constitute absolute agreement. Many groups consider unanimous decisions a sign of agreement, solidarity, and unity...
, or consensus.
Treaties and resolutions negotiated at the Sixth Committee
The following treaties and resolutionsUnited Nations General Assembly Resolution
A United Nations General Assembly Resolution is voted on by all member states of the United Nations in the General Assembly.General Assembly resolutions usually require a simple majority to pass...
have been negotiated, as a whole or in part, at the Sixth Committee:
- The 1961 Vienna Convention on Diplomatic RelationsVienna Convention on Diplomatic RelationsThe Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. It specifies the privileges of a diplomatic mission that enable diplomats to perform their function without fear of coercion or...
- The 1969 Vienna Convention on the Law of TreatiesVienna Convention on the Law of TreatiesThe Vienna Convention on the Law of Treaties is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 111 states as of November...
- The 1970 Declaration on Principles of International Law, Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations
- The 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons (Diplomatic agents Convention)
- The 1978 Vienna Convention on Succession of States in respect of TreatiesVienna Convention on Succession of States in respect of TreatiesThe Vienna Convention on Succession of States in respect of Treaties is an international treaty promulgated in 1978 to set rules on succession of states...
- The 1979 International Convention against the Taking of Hostages(Hostages Convention)
- The 1994 UN Convention on the Safety of United Nations and Associated Personnel
- The 1994 United Nations Declaration on Measures to Eliminate International Terrorism annex to UN General Assembly resolution 49/60 ,"Measures to Eliminate International Terrorism," of December 9, 1994
- The 1996 United Nations Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism, annexed to UN General Assembly Resolution 51/210 of 17 December 1996
- The 1997 International Convention for the Suppression of Terrorist BombingsInternational Convention for the Suppression of Terrorist BombingsThe 1997 United Nations International Convention for the Suppression of Terrorist Bombings is a multilateral treaty open to the ratification of all states designed to criminalize the unlawful and intentional use of explosives in public places with intention to kill, to injure, or to cause...
(Terrorist Bombing Convention) - The 1997 Convention on the Law of Non-Navigational Uses of International WatercoursesConvention on the Law of Non-Navigational Uses of International WatercoursesThe Convention on the Law of Non-Navigational Uses of International Watercourses is a document adopted by the United Nations on May 21, 1997 pertaining to the uses and conservation of all waters that cross international boundaries, including both surface and groundwater...
- The 1998 Rome Statute of the International Criminal CourtRome Statute of the International Criminal CourtThe Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
- The 1999 International Convention for the Suppression of the Financing of TerrorismInternational Convention for the Suppression of the Financing of TerrorismThe 1999 United Nations International Convention for the Suppression of the Financing of Terrorism is a multilateral treaty open to the ratification of all states designed to criminalize acts thos who finance terrorist activities and to promote police and judicial cooperation to prevent,...
(Terrorist Financing Convention) - The 2001 Draft Articles on the Responsibility of States for Internationally Wrongful Acts
- The 2005 International Convention for the Suppression of Acts of Nuclear TerrorismInternational Convention for the Suppression of Acts of Nuclear TerrorismThe 2005 United Nations International Convention for the Suppression of Acts of Nuclear Terrorism is a multilateral treaty open to the ratification of all states designed to criminalize acts of nuclear terrorism and to promote police and judicial cooperation to prevent, investigate and punish...
(Nuclear Terrorism Convention) - The 2005 United Nations Declaration on Human Cloning
Since 2000, and up to date, the Sixth Committee has been elaborating a Comprehensive Convention on International Terrorism
Comprehensive Convention on International Terrorism
The Comprehensive Convention on International Terrorism is a proposed treaty which intends to criminalize all forms of international terrorism and deny terrorists, their financiers and supporters access to funds, arms, and safe havens...
to complement the existing counter-terrorism instruments. That propose treaty has not yet been adopted.
See also
- International conventions on terrorism
- International Law CommissionInternational Law CommissionThe International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
- United Nations Commission on International Trade Law
- United Nations Office of Legal AffairsUnited Nations Office of Legal AffairsThe United Nations Office of Legal Affairs is a United Nations agency, established in 1946, that performs several key functions in the area of international law....
- Definition of terrorismDefinition of terrorismThere is neither an academic nor an international legal consensus regarding the proper definition of the word "terrorism". Various legal systems and government agencies use different definitions of "terrorism". Moreover, the international community has been slow to formulate a universally agreed...