general as s em b ly AWS
UNITED
NATIONS Distr. GENERAL
GENERAL AS S E M B LY
A/8592 15 December 1971 ORIGINAL:
ENGLISH
Twenty-sixth session Agenda item 56 QUESTION OF THE PUNISHMENT OF WAR CRIMINALS AND OF PERSONS WHO HAVE COMMITTED CRIMES AGAINST HUMANITY Report of the Third Committee Rapporteur: Mr. Amre MOUSSA (Egypt) 1.
At its 1939th meeting, on 25 September 1971, the General Assembly allocated
to the Third Committee agenda item 58 entitled "Question of the punishment of war criminals and of persons who have committed crimes against humanity".
The
item had been placed on the agenda of the twenty-sixth session in pursuance of General Assembly resolution 2721 (XXV) of 15 December 1970. 2.
The Committee had before it a report of the Secretary-General which was a
continuation of the study on the question of the punishment of war criminals and of persons who have committed crimes against humanity (A/83^5) under General Assembly resolution 2712 (XXV).
A communication from the Permanent Representative
of Saudi Arabia dated 30 June 1971 (A/C.3/627) was circulated at his request to the Committee. 3.
The Committee considered the item at its 1902nd meeting, on 9 December.
The
discussion relating to this item is contained in the summary record of the meeting (A/C.3/SR.1902). At the 1902nd meeting, on 9 December, a draft resolxition was introduced by the Byelorussian Soviet Socialist Republic on behalf of Bulgaria, the Byelorussian Soviet Socialist Republic , Czechoslovakia and Mongolia (A/C.3/L.1918).
At the
same meeting, the United Kingdom orally submitted amendments to paragraph 5 as follows: 71-28295
/...
A/8592 English Page 2 (a) Replace the words "prepare a draft declaration or a draft convention" hy the word "consider". (b) Replace the words "submit it", by the words "submit a report on this question". 5.
At the 1902nd meeting, the Committee voted on these proposals as follows: (a) The amendments to paragraph 5 orally submitted by the United Kingdom
were adopted by 37 votes to 17, with 23 abstentions; (b) Paragraph 5 of draft resolution A/C.3/L.1918, as amended, was adopted by 51 votes to none, with 25 abstentions; (c) In a separate vote requested by Brazil, paragraph b of the draft resolution was retained by 27 votes to 1, with 51 abstentions; (d) The draft resolution as a whole, as amended, was adopted by b2 votes to none, with 38 abstentions. RECOMMENDATION OF THE THIRD COMMITTEE 6.
The Third Committee recommends to the General Assembly the adoption of the
following draft resolution: Question of the punishment of war criminals and of persons who have committed crimes against humanity The General Assembly, Recalling its resolutions 3 (i) of 13 February 19^+6 and 170 (il) of b October 19^7 on the extradition and punishment of war criminals and its resolution 95 (l) of 11 December 19^6 affirming the principles of international law recognized by the Charter of the International Military Tribunal, Nurnberg, and the judgement of that Tribunal, Recalling further its resolution 2712 (XXV) of 15 December 1970 in which it condemns, in particular, the war crimes and crimes against humanity at present being committed as a result of aggressive wars and the policies of racism, apartheid and colonialism, Again noting with- regret that the numerous decisions adopted by the United Nations on the question of the punishment of war criminals and of persons who have committed crimes against humanity are still not being fully complied with,
A/8592 English Page 3 Recalling the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, Convinced that the effective punishment of war crimes and crimes against humanity is an important element in putting an end to and preventing such crimes, in the protection of human rights and fundamental freedoms, in the strengthening of confidence and in promoting co-operation between peoples as well as peace and international security, Expressing its deep concern at the fact that many war criminals and persons who have committed crimes against humanity are continuing to take refuge in the territories of certain States and are enjoying their protection, Affirming that war crimes and crimes against humanity are among the most dangerous crimes under international law, Firmly convinced of the need for international co-operation in the thorough investigation of war crimes and crimes against humanity, as defined in article I of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, and in bringing about the detection, arrest, extradition and punishment of all war criminals and persons guilty of crimes against humanity who have not yet been brought to trial or punished, 1.
Urgently calls upon all States to implement the relevant resolutions of
the General Assembly and to take measures in accordance with international law to put an end to and prevent war crimes and crimes against humanity and to ensure the punishment of all persons guilty of such crimes, including their extradition to those countries where they have committed such crimes; 2.
Further calls upon all States to co-operate in particular in the
collection and exchange of information which will contribute to the detection, arrest, extradition, trial and punishment of persons guilty of war crimes and crimes against humanity; 3.
Again calls upon all States which have not yet done so to become parties
as soon as possible to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity; Affirms that refusal by States to co-operate in the arrest, extradition, trial and punishment of persons guilty of war crimes and crimes against humanity is contrary to the purposes and principles of the Charter of the United Nations and to generally recognized norms of international law;
A/8592 English Page b 5.
Requests the Commission on Human Rights to consider the principles of
international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity and to submit a report on this question to the General Assembly at its twenty-seventh session.
NATIONS Distr. GENERAL
GENERAL AS S E M B LY
A/8592 15 December 1971 ORIGINAL:
ENGLISH
Twenty-sixth session Agenda item 56 QUESTION OF THE PUNISHMENT OF WAR CRIMINALS AND OF PERSONS WHO HAVE COMMITTED CRIMES AGAINST HUMANITY Report of the Third Committee Rapporteur: Mr. Amre MOUSSA (Egypt) 1.
At its 1939th meeting, on 25 September 1971, the General Assembly allocated
to the Third Committee agenda item 58 entitled "Question of the punishment of war criminals and of persons who have committed crimes against humanity".
The
item had been placed on the agenda of the twenty-sixth session in pursuance of General Assembly resolution 2721 (XXV) of 15 December 1970. 2.
The Committee had before it a report of the Secretary-General which was a
continuation of the study on the question of the punishment of war criminals and of persons who have committed crimes against humanity (A/83^5) under General Assembly resolution 2712 (XXV).
A communication from the Permanent Representative
of Saudi Arabia dated 30 June 1971 (A/C.3/627) was circulated at his request to the Committee. 3.
The Committee considered the item at its 1902nd meeting, on 9 December.
The
discussion relating to this item is contained in the summary record of the meeting (A/C.3/SR.1902). At the 1902nd meeting, on 9 December, a draft resolxition was introduced by the Byelorussian Soviet Socialist Republic on behalf of Bulgaria, the Byelorussian Soviet Socialist Republic , Czechoslovakia and Mongolia (A/C.3/L.1918).
At the
same meeting, the United Kingdom orally submitted amendments to paragraph 5 as follows: 71-28295
/...
A/8592 English Page 2 (a) Replace the words "prepare a draft declaration or a draft convention" hy the word "consider". (b) Replace the words "submit it", by the words "submit a report on this question". 5.
At the 1902nd meeting, the Committee voted on these proposals as follows: (a) The amendments to paragraph 5 orally submitted by the United Kingdom
were adopted by 37 votes to 17, with 23 abstentions; (b) Paragraph 5 of draft resolution A/C.3/L.1918, as amended, was adopted by 51 votes to none, with 25 abstentions; (c) In a separate vote requested by Brazil, paragraph b of the draft resolution was retained by 27 votes to 1, with 51 abstentions; (d) The draft resolution as a whole, as amended, was adopted by b2 votes to none, with 38 abstentions. RECOMMENDATION OF THE THIRD COMMITTEE 6.
The Third Committee recommends to the General Assembly the adoption of the
following draft resolution: Question of the punishment of war criminals and of persons who have committed crimes against humanity The General Assembly, Recalling its resolutions 3 (i) of 13 February 19^+6 and 170 (il) of b October 19^7 on the extradition and punishment of war criminals and its resolution 95 (l) of 11 December 19^6 affirming the principles of international law recognized by the Charter of the International Military Tribunal, Nurnberg, and the judgement of that Tribunal, Recalling further its resolution 2712 (XXV) of 15 December 1970 in which it condemns, in particular, the war crimes and crimes against humanity at present being committed as a result of aggressive wars and the policies of racism, apartheid and colonialism, Again noting with- regret that the numerous decisions adopted by the United Nations on the question of the punishment of war criminals and of persons who have committed crimes against humanity are still not being fully complied with,
A/8592 English Page 3 Recalling the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, Convinced that the effective punishment of war crimes and crimes against humanity is an important element in putting an end to and preventing such crimes, in the protection of human rights and fundamental freedoms, in the strengthening of confidence and in promoting co-operation between peoples as well as peace and international security, Expressing its deep concern at the fact that many war criminals and persons who have committed crimes against humanity are continuing to take refuge in the territories of certain States and are enjoying their protection, Affirming that war crimes and crimes against humanity are among the most dangerous crimes under international law, Firmly convinced of the need for international co-operation in the thorough investigation of war crimes and crimes against humanity, as defined in article I of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, and in bringing about the detection, arrest, extradition and punishment of all war criminals and persons guilty of crimes against humanity who have not yet been brought to trial or punished, 1.
Urgently calls upon all States to implement the relevant resolutions of
the General Assembly and to take measures in accordance with international law to put an end to and prevent war crimes and crimes against humanity and to ensure the punishment of all persons guilty of such crimes, including their extradition to those countries where they have committed such crimes; 2.
Further calls upon all States to co-operate in particular in the
collection and exchange of information which will contribute to the detection, arrest, extradition, trial and punishment of persons guilty of war crimes and crimes against humanity; 3.
Again calls upon all States which have not yet done so to become parties
as soon as possible to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity; Affirms that refusal by States to co-operate in the arrest, extradition, trial and punishment of persons guilty of war crimes and crimes against humanity is contrary to the purposes and principles of the Charter of the United Nations and to generally recognized norms of international law;
A/8592 English Page b 5.
Requests the Commission on Human Rights to consider the principles of
international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity and to submit a report on this question to the General Assembly at its twenty-seventh session.
