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1992-11-16
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un-security-council

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  1. I should like to remind the Council that, under Article 10, paragraph 1, of the Statute of the International Court of Justice, "Those candidates who obtain an absolute majority of votes in the General Assembly and in the Security Council shall be considered as elected." The required majority in the Security Council is eight votes. If more than five candidates obtain the required majority, according to the procedure which has been followed in the past and which is set forth in paragraph 14 of the Secretary-General's memorandum, a new vote will be held on all the candidates. This rule will also apply to any subsequent ballots, if the number of candidates obtaining the absolute majority is greater than the number of vacancies remaining.

    1999-11-03 · UN Security Council · Security Council, S/PV.4059 (1999) · source

  2. I should like to draw the attention of the Council to the fact that the Permanent Mission of the Democratic Republic of the Congo informed me that the national group of the Democratic Republic of the Congo had decided to withdraw its nomination of Mr. Balanda Mikuin-Leliel for election to the International Court of Justice. Since Mr. Balanda Mikuin-Leliel was nominated by the national group of the Democratic Republic of the Congo, his name has thus been removed from the ballot papers. The Security Council also has before it a memorandum by the Secretary-General, contained in document S/1999/939, describing the present composition of the Court and setting out the procedure to be followed in the conduct of the election.

    1999-11-03 · UN Security Council · Security Council, S/PV.4059 (1999) · source

  3. The consolidated and updated list of candidates nominated by national groups is contained in documents S/1999/940/Rev.l, which reflects all the information concerning notifications received regarding such nominations in order to facilitate the election for all representatives. Members of the Council will note, in this connection, that the Secretariat reissued document S/l999/940/Add.1 for technical reasons in order to correct the references to the United States of America by replacing them with references to New Zealand. Therefore, it is the national group of New Zealand and not the national group of the United States of America which has nominated Mr. Christopher G. Weeramantry. This correction has been reflected in document S/l999/940/Rev.l. Document S/ 1999/941 contains the curricula vitae of the candidates.

    1999-11-03 · UN Security Council · Security Council, S/PV.4059 (1999) · source

  4. Election of five members of the International Court of Justice (S/1999/939, S/1999/940/Rev.1 and Add.1* and S/1999/941) The President: The Security Council will now proceed to the election of five members of the International Court of Justice, in accordance with Article 13 of the Statute of the International Court of Justice, to fill the five seats which will become vacant on 5 February 2000 on the expiry of the terms of office of the following Judges: Mr. Gilbert Guillaume (France), Ms. Rosalyn Higgins (United Kingdom of Great Britain and Northern Ireland), Mr. Gonzalo Parra-Aranguren (Venezuela), Mr. Raymond Ranjeva (Madagascar) and Mr. Christopher G. Weeramantry (Sri Lanka).

    1999-11-03 · UN Security Council · Security Council, S/PV.4059 (1999) · source

  5. As this is the first meeting of the Security Council for the month of November, I should like to take this opportunity to pay tribute, on behalf of the Council, to His Excellency Mr. Sergey V. Lavrov, Permanent Representative of the Russian Federation to the United Nations, for his service as President of the Security Council for the month of October 1999. I am sure I speak for all members of the Security Council in expressing our deep appreciation to Ambassador Lavrov for the great diplomatic skill and effectiveness with which he conducted the Council's business last month. Adoption of the agenda The agenda was adopted.

    1999-11-03 · UN Security Council · Security Council, S/PV.4059 (1999) · source

  6. We are pleased that the draft resolution to be adopted today underlines the importance of including in UNTAET personnel with appropriate training in international humanitarian, human rights and refugee law, including child- and gender-related provisions, negotiation and communication skills, cultural awareness and civilian-military coordination. Last but not least, the atrocities against the civilian population need to be fully investigated. The Security Council should be informed in due time about the progress of investigations. Truth is always the way towards reconciliation and justice is its guarantee. We hope that activities in the coming months will enable the United Nations to close a chapter of East Timorese history in dignity and to open a new one in a spirit of confidence, trust and realistic hope for a decent future.

    1999-10-25 · UN Security Council · Security Council, S/PV.4057 (1999) · source

  7. As in several instances in the past, success will to a large extent be dependent on the resources committed to the task. Some priorities will require immediate attention. The humanitarian situation continues to be very serious and the return of refugees needs to be accelerated. The safety and dignity of returning refugees must be ensured. The Government of Indonesia has the essential responsibility for the conditions of return of those refugees who are still in its territory. Subsequently, it will be very important that the United Nations Administration be sufficiently sensitive to the needs of the people of East Timor.

    1999-10-25 · UN Security Council · Security Council, S/PV.4057 (1999) · source

  8. The way from resolutions 384 (1975) and 389 (1976) to the present was long and arduous, and it sometimes seemed that short-term considerations of realpolitik had prevailed. However, the lesson relearned in the case of East Timor is precisely the opposite, and it is very clear: a people committed to the legitimate cause of self-determination can succeed. The United Nations will now assume a huge responsibility. Rarely in the practice of the United Nations has so much had to be done by the Organization directly. It is essential that all United Nations Member States understand that their individual and collective contribution to this effort will be of decisive importance for the success of the United Nations Transitional Administration in East Timor (UNTAET) and, indeed, for the credibility of the Organization as a whole.

    1999-10-25 · UN Security Council · Security Council, S/PV.4057 (1999) · source

  9. Let me I assure you, Mr. President, that I will be relatively brief. None among the many observers of the Security Council will fail to notice the historic character of the action the Council is about to take today. With the adoption of the draft resolution the United Nations will assume responsibilities for security and administration in East Timor and for other issues related to the transition towards self-government and East Timor's independence. This is an important event for the people of East Timor, as well as for the United Nations. Today we have to recall that back in 1975 and 1976, about a quarter of a century ago, the Security Council and the General Assembly laid down the political and legal framework that enabled an eventual genuine and honest fulfilment of the right of the East Timorese to self- determination.

    1999-10-25 · UN Security Council · Security Council, S/PV.4057 (1999) · source

  10. There is no doubt that the Secretary-General will exercise his judgement with full appreciation of the seriousness of the problem and of the experience the United Nations has gained thus far. My delegation is convinced that cooperation among all United Nations Member States will be developed further, and that such an evolution will enhance the effectiveness of the international struggle against terrorism.

    1999-10-19 · UN Security Council · Security Council, S/PV.4053 (1999) · source

  11. In such situations, available options should be considered on the basis of the criteria established in international law, including those of necessity and proportionality of response. Careful consideration should be given to the question of which type of response is necessary and to the need to respond in a proportionate manner with means which are chosen wisely. The draft resolution to be adopted today sums up the experience gained in United Nations actions against terrorism. It adds an important role for the Secretary-General, who will be requested to pay special attention to the need to prevent and fight the threat to international peace and security as a result of terrorist activities.

    1999-10-19 · UN Security Council · Security Council, S/PV.4053 (1999) · source

  12. Furthermore, the responsibility for terrorist acts may be difficult to establish, and it may be difficult to reach agreement as to the most effective and appropriate response. All these problems are inherent in the effort to address the issues of terrorism through Security Council action. The Security Council has addressed issues of terrorism in the Lockerbie and UTA cases, and, more recently, in its dealings with the situation in Afghanistan. The experience gained is varied and important, and could help the Security Council in its future decision-making. When terrorist acts reach proportions, or have effects, that make them comparable with the use of force prohibited by the Charter of the United Nations, the question of lawful countermeasures may arise.

    1999-10-19 · UN Security Council · Security Council, S/PV.4053 (1999) · source

  13. It is clear that the Security Council should not duplicate the work of the General Assembly. Therefore, the Council has pronounced its general views only a few times thus far, and with great care. This approach seems to be a wise guide for the future. The Security Council should be careful and should avoid creating any impression of departing from the path developed throughout the preceding decades by the General Assembly. On the other hand, the Security Council should be able to identify those situations involving acts of terrorism that amount to threats to international peace and security, and to act accordingly. This is a difficult task, because the scale of violence and the immediate effects of terrorist acts do not necessarily suggest the existence of such a threat.

    1999-10-19 · UN Security Council · Security Council, S/PV.4053 (1999) · source

  14. As I have already said, to effectively combat terrorism requires the broadest possible international cooperation. The General Assembly provides the most genuine opportunity for Member States to participate in designing the platform for international cooperation against terrorism. The international conventions drafted by the General Assembly so far are of critical importance. They represent a genuine legislative achievement and a fine example of the implementation of the role of the General Assembly in the maintenance of international peace and security, as envisaged in Article 11 of the Charter of the United Nations. All these aspects need to be borne in mind when we approach the question of the role of the Security Council in the international combat against terrorism.

    1999-10-19 · UN Security Council · Security Council, S/PV.4053 (1999) · source

  15. Furthermore, concerted cooperation is needed among international and regional organizations. The criminal nature of terrorist acts, methods and practices, demands the prosecution and punishment of their perpetrators. To this end the basic legal standard, "extradite or prosecute", aut dedere aut judicare, should be respected in all cases. Moreover, all States should have a duty to refrain from supporting or acquiescing to activities directed towards the commission of terrorist acts, whatever the motives of their perpetrators. The entire evolution of this matter since 1972 - that is, since the time when the United Nations started to deal with the problems of terrorism in a systematic manner - has confirmed the validity of an all-inclusive approach.

    1999-10-19 · UN Security Council · Security Council, S/PV.4053 (1999) · source

  16. Apart from universal adherence to the 11 existing international counter-terrorism conventions, along with adherence to various legal instruments adopted at the regional level, new legal instruments are needed to counter specific forms and manifestations of terrorism. Slovenia welcomes the progress achieved on the draft convention on the suppression of terrorist financing, which will, hopefully, be adopted during the current, fifty-fourth session of the General Assembly. At the same time, we hope that the negotiations on the draft convention on the suppression of nuclear terrorism will move forward successfully. Global action to prevent and suppress terrorist acts requires enhanced cooperation among States, especially through exchange of information, mutual legal assistance and cooperation among police forces.

    1999-10-19 · UN Security Council · Security Council, S/PV.4053 (1999) · source

  17. Furthermore, specific legal documents relating to the prevention and suppression of specific terrorist acts have been adopted. The existing conventions deal in particular with terrorist acts directed against civil aviation and maritime navigation and against internationally protected persons, as well as hostage-taking and the use of certain substances or devices for terrorist purposes. In recent years terrorism has become one of the serious threats to individuals and Governments in many parts of the world. Since terrorist acts often, albeit not always, take place on an international scale, terrorism cannot effectively be combated by the isolated action of individual States. International cooperation and coordinated effort are essential elements of combating international terrorism.

    1999-10-19 · UN Security Council · Security Council, S/PV.4053 (1999) · source

  18. The League of Nations attempted to confront the challenge of individual or group terrorism by means of the 1937 Geneva Convention for the Prevention and Punishment of Terrorism, which, unfortunately, never entered into force. But the dealings of the international community with the terrorist menace have, in the subsequent decades, given rise to a certain crystallization of the main policy elements for combating terrorism and formed a set of applicable principles and rules of international law. Progressive development of international law is important. Thus, by virtue of their human rights guarantees, the Universal Declaration of Human rights and the two International Covenants from 1966 are, in essence, also anti-terrorism legal instruments in themselves.

    1999-10-19 · UN Security Council · Security Council, S/PV.4053 (1999) · source

  19. Slovenia welcomes today's consideration of the issue of terrorism in the Security Council. About a year ago, in reaction to the devastating terrorist attacks in Nairobi and Dar es Salaam, the Security Council adopted its resolution 1189 (1998) and emphasized its strong commitment to the combat against terrorism. Today the Council is expressing a more comprehensive view regarding this problem. My delegation is grateful to you, Mr. President, for the initiative, and to the delegation of the Russian Federation for the preparation of the draft resolution to be adopted today. International terrorism has many manifestations and many sources. The multilateral efforts aimed at developing international cooperation to counter terrorism have a relatively long history.

    1999-10-19 · UN Security Council · Security Council, S/PV.4053 (1999) · source

  20. The current arrangements do not seem to be solving Africa's basic problems and tend to divert attention away from fundamental challenges such as disease control, development of human resources and environmental management. These issues should of course be discussed further, and in depth in the Economic and Social Council and in the General Assembly. The problems of peace in Africa require constant attention. The current open debate is an important phase in that process. The Security Council should be able to offer both vision in addressing the underlying causes and an ability to address specific crisis situations in Africa effectively.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  21. It is important to bear these special African constraints in mind when discussing issues of such major significance to Africans as access to foreign markets and, most importantly, the unsustainable debt burden. The recent Cologne initiative on debt represents a welcome effort to provide fast relief through major changes to the heavily indebted poor countries framework. Nevertheless, more needs to be done. Adherence to International Monetary Fund (IMF) structural adjustment programmes is still a prerequisite for receiving debt relief. Serious thought has to be given to the calls for debt cancellation and to rethinking the role of IMF in Africa.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  22. Economists still stress, however, that the gains in economic growth might not actually be shared by all. Lack of adequate basic infrastructure, especially absence of an effective transportation network, severely limits opportunities for extensive trade. Climate may also have serious adverse effects on economic growth. The tropics impose additional burdens of debilitating infectious diseases - most notably malaria - not found in the temperate zones. In 1995, for example, countries with severe malaria had income levels only one-third of countries without malaria. For these reasons, it is safe to say that a significant portion of Africa's population faces severe geographical obstacles to development.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  23. In our opinion, one of the most powerful messages of the Secretary-General's report (S/1999/318) is the emphasis on the intrinsic link between the promotion of economic growth and the construction of durable peace. Good governance and sound economics are the best guarantees against armed conflicts. In this connection, it is worth noting that much of the current debate on economic growth offers some reasons for hope. Hypotheses about dynamic gains in trade are at the core of many new economic models of so-called endogenous growth. According to these models, long-term economic growth depends on increased productivity and innovation, and the incentives for both depend on the scope of the market. As such, these models provide encouragement for local efforts to strengthen the private sector and carry out the necessary macroeconomic reforms.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  24. We would like to encourage him and others involved in these activities to pay particular attention to such measures as anti-polio and other vaccination campaigns which have in the past helped to establish ceasefire arrangements and have produced a number of valuable humanitarian effects. I wish to note that many conditions for peace and sustainable development in Africa do not belong on the immediate agenda of the Security Council. Nevertheless, the Council must be aware of their importance in order to understand the limits to how far its decisions can reach and to harmonize its actions with the activities of other United Nations organs.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  25. Most, if not all, military conflicts in Africa are characterized by severe humanitarian problems, which need to be addressed with the greatest urgency. In the past year, the Security Council has held several open debates on various aspects of this issue. The conclusions of these debates are relevant to the conflict situations in Africa and need not be repeated at any length today. Let me therefore mention only that we agree with the Secretary-General in his appeals to increase humanitarian assistance and to further improve coordination between the organizations and agencies active in this field. In particular, we emphasize the importance of expanding the concept of children as "zones of peace" and, more generally, the work of the Secretary- General's Special Representative for Children and Armed Conflict.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  26. It is recognized that the military potentials in Africa are very well suited to these tasks. However, as the Secretary-General pointed out in paragraph 26 of his progress report, the enhancement of African capacity for peacekeeping is contingent on the provision of logistic support. For at least some time in the future, Africa will therefore need help in constructing the foundations of regional security systems and in dealing with conflicts that occur along the way. It is imperative that the United Nations and the international community provide the necessary assistance. Ultimately, Africans must assume the lead in transforming their security environment and must help the United Nations understand how it can best support them in their efforts, given the extent of its global responsibilities.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  27. We welcome the decision of the OAU to organize a regional conference on small arms that will provide specific recommendations on the halting of the use, transfer and illegal manufacturing of small arms, and on all other ongoing activities that are mentioned in the Secretary- General's progress report. The Security Council last year adopted a number of specific proposals for the strengthening of African peacekeeping potential. We are pleased at the ongoing efforts to deepen the cooperation between the United Nations and the OAU, as well as with other regional and subregional arrangements. Effective peacekeeping operations on the African continent require military contingents that are skilled in specialities such as tracking, anti-mine warfare, low-intensity conflict and law enforcement activities.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  28. On 19 November 1998 the Security Council adopted resolution 1209 (1998), which addressed this question and considered what role the United Nations and Member States might play in responding to the challenge of illicit arms flows to and within Africa. We are pleased to see that this Security Council action complements several regional initiatives. We welcome the initiative of Mali, through the Economic Community of West African States (ECOWAS), to declare a moratorium on the production and transfer of small arms, involving 16 countries. It is also heartening that the Secretariat of the OAU has strengthened its Centre for Disarmament in Togo.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  29. In this connection, we would like to recognize the indefatigable efforts of Ambassador Robert Fowler of Canada to facilitate a political solution of the Angolan crisis by limiting the ability of UNITA to pursue the war option. Illicit flows of arms and other conventional weapons represent one of the major obstacles to peace. We are witnessing this in Angola, in Sierra Leone and in the Democratic Republic of the Congo, which are the most acute problems of the continent today. We are aware of the fact that the availability of arms is not the main reason for fighting, but it does help and encourage the latent problems to erupt.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  30. In the context of efforts aimed at improving the Security Council's applied sanctions in Africa, it is important to note the recent experience of the Libya sanctions Committee, established by Security Council resolution 748 (1992). The events of this April have shown that the Security Council is not only capable of imposing sanctions, but, when the necessary conditions are created, of suspending them as well. We share the opinion that greater use should be made of targeted sanctions and that more attention should be paid to their unintended adverse effects. However, we also believe that there is a need to ensure more serious enforcement of the existing sanctions regimes by the international community. We especially support efforts aimed at improving the implementation of arms embargoes and stemming illicit arms flows to and within Africa.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  31. Sanctions, as the Secretary-General pointed out in paragraph 25 of his last year's report on Africa, have a way of inflicting costs on unintended victims. In response to the pressing need to make sanctions a more targeted, effective and less blunt instrument, the chairpersons of the sanctions Committees launched an initiative in September last year which resulted in the preparation of an issue paper and a set of practical proposals concerning sanctions imposed by the Security Council. These two documents led to the adoption of a note by the President of the Security Council on the work of the sanctions Committees. That note includes a number of concrete measures to improve the effectiveness of sanctions regimes and to alleviate their unintended side effects. This line of Security Council activity has to continue.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  32. Salim Ahmed Salim, the Secretary-General of the OAU, in our midst this morning. We would like to see him as often as possible in our midst, with the aim of strengthening coordination and cooperation between the two Organizations. Together we must ensure the synergetic effects of the implementation of our respective mandates and avoid situations in which complex regional procedures produce undue delays and diminish the effectiveness of the support of the United Nations for the OAU. Another area where the Security Council needs to engage in further thinking and specific action relates to sanctions. It is indicative of the tragedy of Africa that the majority of sanctions imposed by the Security Council have been directed against Member States or specific groups in Africa.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  33. The Security Council, in turn, has been giving much of its attention to specific situations in Africa, and at the same time has tried to establish the necessary conceptual framework for its own future action. Much of that work was accomplished in the ad hoc Working Group of the Security Council, ably chaired by Ambassador Denis Dangue Rewaka of Gabon. In my statement I wish to refer to several areas in which I believe further action is necessary. The first is inter-institutional cooperation, especially cooperation between the United Nations and the Organization of African Unity (OAU) and a number of subregional organizations in Africa. The Security Council is consistently supporting the efforts of the OAU and subregional organizations, and is prepared to enhance the effectiveness of that support. We were therefore pleased to see Mr.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  34. Slovenia appreciates the leadership of the Netherlands and Ambassador van Walsum personally as President of the Security Council for this month and welcomes your personal initiative, Sir, to convene this open debate on the situation in Africa. We are grateful to the Secretary-General for his impressive progress report on the causes of conflict and the promotion of durable peace and sustainable development in Africa. The progress report provides valuable insights into the practical work which has been taking place since April last year and shows that the problems of Africa are very much at the centre of attention and action of the Secretary-General.

    1999-09-29 · UN Security Council · Security Council, S/PV.4049Resumption1 (1999) · source

  35. We have had in the past, and we have had today, a very fruitful exchange with the head of State of an African country. This practice should be welcomed and should be repeated as often as possible.

    1999-09-21 · UN Security Council · Security Council, S/PV.4047 (1999) · source

  36. Others have spoken about a regional conference which will give a solid and broader framework to future cooperation in the region and ensure that peace, once fully established, will be irreversible. I should like to add that there is a wide variety of tasks related to the protection of human rights and the investigation of massacres that have taken place in the recent past, and all other tasks which will help to consolidate peace on a long- term basis. And, finally, like many other members of the Security Council, I should like to say that the Council needs further and strengthened cooperation with the Organization of African Unity (OAU). We have had very useful meetings in the past with the Secretary-General of the OAU and we need similar contacts in the future.

    1999-09-21 · UN Security Council · Security Council, S/PV.4047 (1999) · source

  37. These relate to the deployment of liaison officers, a process which has begun and which we hope will continue successfully. Another is full operational action by the Joint Military Commission, where the appointment of two members has not yet been completed. We hope that the remaining representatives will be nominated and that the consolidation of the ceasefire will take place, and that the neighbouring countries will help in that process. Those are all short-term tasks. At the same time, as many members of the Council have already stated, the Council will have to consider the work necessary to establish an appropriate peacekeeping mission at an appropriate moment, and the Council will certainly come back to this matter at a suitable time soon. There are also long-term tasks that have to be contemplated.

    1999-09-21 · UN Security Council · Security Council, S/PV.4047 (1999) · source

  38. The Security Council has entered a period in which it seems that the unity of Council members and other factors are contributing to the possible successful work of the Council, and it is clear to all members of the Council and others that the Council will not be successful, or completely successful, unless it helps in the solution of the four core problems in Africa today, one of them - perhaps the largest - being the situation in the Democratic Republic of the Congo. We therefore very much welcome this opportunity to hear the views and comments by President Chiluba, which will inspire the Security Council in its future work. The tasks ahead with respect to the situation in the Democratic Republic of the Congo could be divided into several groups, some of which could be defined as short- term tasks.

    1999-09-21 · UN Security Council · Security Council, S/PV.4047 (1999) · source

  39. Like other members of the Security Council, we are very grateful to His Excellency Mr. Frederick Chiluba, the President of Zambia, for the briefing today. The Council is aware of the importance of diplomacy conducted at the level of heads of State in Africa, and we have been carefully following, with great hope and expectation, the progress led by President Chiluba. We are gratified that that process has succeeded and we wish further success to take place. Today's opportunity is in many ways unique.

    1999-09-21 · UN Security Council · Security Council, S/PV.4047 (1999) · source

  40. We look forward to the continuation of the discussion within the Council on the Secretary-General's recommendations and on identification of the means for their effective implementation.

    1999-09-16 · UN Security Council · Security Council, S/PV.4046 (1999) · source

  41. It should be clear that the Council is not seeking to revive the doctrines of humanitarian intervention known from earlier historical periods. On the other hand, the Council needs to uphold its responsibility under the Charter in practice, and this requires occasional resort to enforcement action. We believe that on the basis of such an understanding and with the advantage provided by the Secretary-General's recommendations, the Council can take a significant step forward in developing its policies and practices aiming at the effective protection of civilians in armed conflicts. Slovenia also supports the draft resolution which is before us today and will vote in its favour.

    1999-09-16 · UN Security Council · Security Council, S/PV.4046 (1999) · source

  42. The decision of the Council and Council members, including the decisions by the permanent members who may resort to the threat or use of the veto, should be based on such objective criteria. While considerations of national interest cannot be completely excluded from decision-making, they should be restrained and not used as an impediment for the Council's action when action is legitimate and necessary. The recent experience with the preparation of resolution 1264 (1999) on the situation in East Timor demonstrates that decision-making based predominantly on the principles of international law and the needs of the international community as a whole is possible. Fourthly, and finally, the Security Council needs to be consistent in its practice and to refine its general policy framework without any unnecessary formalization.

    1999-09-16 · UN Security Council · Security Council, S/PV.4046 (1999) · source

  43. However, on the other hand, the Council must not shy away from its responsibilities in the face of an emerging humanitarian disaster. Thirdly, the Secretary-General offered five factors or, perhaps, conditions which need to be considered to determine the legitimacy of enforcement action. They range from the assessment of the scope and systematic character of the violations of international human rights and humanitarian law to the principle of proportionality of the use of force. These factors could provide useful guidance to the Security Council in its decision-making in future specific situations. The Council should aim at consistency in its practice and should use objective criteria in its decision-making.

    1999-09-16 · UN Security Council · Security Council, S/PV.4046 (1999) · source

  44. One of the problems in this regard has been the reluctance of States Members of the United Nations and parties to the Convention to avail themselves of this mechanism when necessary. Secondly, the notion of enforcement action necessarily requires collective action, authorized by a competent international body, in accordance with the Charter of the United Nations. The Security Council, with its primary responsibility for the maintenance of international peace and security, has a central, albeit not necessarily exclusive, role in this context. The Security Council must use its powers wisely and in accordance with the Charter of the United Nations. That means that it must not act prematurely or in any way in contravention of international law.

    1999-09-16 · UN Security Council · Security Council, S/PV.4046 (1999) · source

  45. Let me, by way of illustration, remind the Council of Article VIII of the Convention on the Prevention and Punishment of Crime of Genocide, which stipulates: "Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in Article III." This is an authorization which has been available to the Security Council for more than four decades. Suppression of genocide necessarily involves the option of enforcement action, based upon appropriate and legitimate decisions of the competent organs of the international community.

    1999-09-16 · UN Security Council · Security Council, S/PV.4046 (1999) · source

  46. Instead, I wish to offer the following four comments on the question of enforcement action in cases of systematic violations of humanitarian principles, as embodied in paragraph 67 of the report before us. First, the political, conceptual and terminological clarity needs to be assured. Moreover, it has to be recalled that enforcement action in cases of systematic and widespread violations of humanitarian law is permissible under the contemporary lex lata, the applicable international law.

    1999-09-16 · UN Security Council · Security Council, S/PV.4046 (1999) · source

  47. We are therefore grateful to the Secretary-General for his ideas expressed in the report and for his bold approach to the issues of political and military action in cases of systematic and widespread violations of international law, especially those ideas expressed in paragraph 67 of his report. His ideas represent a real help to the Security Council. They remind us that the Council should address the difficult issues directly. In many situations hard choices are necessary and the Security Council should have a proper policy approach in addressing them. The Secretary- General has offered a basic outline of such an approach and the Security Council must study that suggestion carefully. Today, my delegation does not wish to attempt a comprehensive elaboration of all the Secretary-General's recommendations.

    1999-09-16 · UN Security Council · Security Council, S/PV.4046 (1999) · source

  48. According to the United Nations Charter, the Security Council has the primary responsibility for international peace and security. In other words, the task of the Council is to prevent military conflicts and, if they occur, to make a meaningful contribution towards their resolution. Furthermore, after the end of military conflicts the Council has a responsibility to enable transition to post-conflict peace-building. The primacy of these essentially political purposes of the Security Council must be always borne in mind. When addressing humanitarian issues, the Council must avoid the trap of using humanitarian action as a substitute for the necessary political or military action.

    1999-09-16 · UN Security Council · Security Council, S/PV.4046 (1999) · source

  49. Access by the humanitarian organizations to the people in need is critical to ameliorating the situation of civilians in armed conflict and, indeed, to helping them survive. The work of the humanitarian organizations on the ground is indispensable. It is crucial that parties to the conflict ensure safe and unimpeded access to civilians in need and that the safety and security of humanitarian personnel is preserved. The Security Council should play a significant role in bringing pressure to bear on the parties in that regard. It is appropriate for the members of the Security Council to continue to ask themselves what their proper role is in dealing with humanitarian problems. The report of the Secretary-General is a useful reminder of the basic role of the Security Council in situations which generate humanitarian problems.

    1999-09-16 · UN Security Council · Security Council, S/PV.4046 (1999) · source

  50. However, the key to human security is to ensure physical rather than only legal protection. We are convinced that the current spirit of resolve in the Security Council to make progress in that direction could lead to real improvement. This is an important priority of our time. One of the answers is in the evolution of peacekeeping. The concept of peacekeeping operations that recognizes the multidisciplinary nature of such operations is evolving. These operations are not limited only to the military component but increasingly include tasks such as civilian police activities, humanitarian assistance, disarmament and demobilization measures and human rights monitoring. The protection of the civilian population requires action, taking into account the special needs of women, children and other vulnerable people.

    1999-09-16 · UN Security Council · Security Council, S/PV.4046 (1999) · source