BIG AND INFLUENTIAL STATES

71ST SESSION REPORT

FRANCE
71st Session of Sixth committee 2017

As a first step, the Special Rapporteur and the Commission should focus on examining the
often divergent opinions and practices of States regarding jus cogens, failing which the
Commission risks engaging in an excessively theoretical, even ideological, approach to this
notion. The concept of jus cogens cannot be assimilated to that of fundamental standards.
Standards can indeed be considered as reflecting fundamental values, for example in a region
of the world, having an erga omnes character, but not being standards of jus cogens.

In his report, Mr. Tladi is particularly interested in the French position. Despite his country's
well-known reservations about the concept of jus cogens, he concluded that France was not a
persistent objector to the concept, and that it had accepted it in principle. However, it does
not take into account the reservations on the concept expressed by the delegation

Date Time Speaker Statement Code Rating

24 th
12:29 to Mr. Francois  The concept of jus cogens cannot be Negative 2
October 12:50 pm Alabrune assimilated to that of fundamental
2016 standards.
 France was not a persistent objector
to the concept, and that it had Neutral 3
accepted it in principle. However, it
does not take into account the
reservations on the concept expressed
by the delegation
 72nd SESSION REPORT

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN

IRELAND

72nd session of sixth committee 2017

It is against that background that the United Kingdom reaffirms its support for the
Commission’s work on this topic, while urging the Commission to proceed with great
caution. Given the importance and difficulty of this topic, and the need to secure the
consensus of States with this work, such caution is essential.

In the 8th Para of the report it was given that it unrealistic to attempt accurately to capture
within the confines of these draft conclusions the rationale which underpins jus cogens, as
this draft conclusion attempts. This is a controversial and essentially theoretical matter, which
we do not believe it is necessary for the Commission to address, even in the introductory
manner as is now proposed. While norms of jus cogens may well reflect and protect
fundamental values of the international community, and possess a hierarchically superior
status, we do not consider that this descriptive draft conclusion assists with providing the
clarity and technical assistance which would be of the most practical value to States and
practitioners.

The report also suggested that allied to that concern, the inclusion of “descriptive and
characteristic elements”, even if capable of securing consensus, could be unhelpful. It is
necessary to maintain a clear distinction between descriptive elements on the one hand, and
the criteria for identification and the consequences of identification, on the other. Conflating
the two could be taken as States intending to alter the meaning and effect of the definition set
forth in Article 53 of the Vienna Convention on the Law of the Treaties.
Date Time Speaker Statement Code Rating

27.10.2017 10:15 AM - Mr.

10:24 AM Stephen  Allied to that concern, the inclusion of Negative 2
H. Smith
“descriptive and characteristic elements”,
even if capable of securing consensus,
Negative 2
could be unhelpful.

 This is a controversial and essentially

theoretical matter, which we do not believe it
is necessary for the Commission to address,
even in the introductory manner as is now
proposed. There is a wide spectrum of views
across the international community.
 CHINA

72st session of sixth committee 2017

In terms of the overall direction of the topic, China endorses the importance accorded to the
prevention and punishment of crimes against humanity. They derive mostly from analogous
provisions of existing international conventions for combating international crimes, and rely
primarily on the practice of international criminal justice organs without a comprehensive
review of the existing practice and opinio juris of States. For instance, provisions relating to
the liability of legal persons, extradition and mutual legal assistance, as well as protection of
the rights and interests of victims and witnesses are not backed by State
practice. Secondly, when explaining the draft preambular paragraph 3, which states that
prohibition of crimes against humanity is a peremptory norm of general international law, the
commentary cites as evidence the language contained in the commentary on the
Commission's draft articles on responsibility of States for internationally wrongful acts and
judgments of the ICJ, the ICTY, the Inter-American Court of Human Rights.

Treaties, a norm accepted and recognized by the international community of States as a

whole.

Optional Protocol to the CRC that prohibits the sale of children and the

While, there are indeed cases in which the afore-mentioned crimes are committed by legal
persons, it should be highlighted that there are major differences between those acts and
crimes against humanity in terms of nature and elements. The attached commentary falls
short of being convincing about the likelihood of actual participation of legal persons in the
proscribed acts, and the necessity for criminalization under domestic law. We have noted that
draft guideline 6 establishes a default rule, namely the provisional application of a treaty
produces the same legal effect as if the treaty were in force, unless the parties indicate to the
contrary. We would like the Commission to clarify whether difference in legal effects exists
in cases of reservation to treaties, state succession or other special situations.

Date Time Speaker Statement Code Rating

23 12:11PM - Mr. XU Hong  paragraph 3, which states that “the prohibition of Negativ 2
October 12:17PM crimes against humanity is a peremptory norm of e
2017 general international law (/ s cogens)”, the
commentary cites as evidence the language
contained in the commentary on the Commission’s
draft articles on responsibility of States for
internationally wrongful acts and judgments of the
ICJ, the ICTY, the Inter-American Court of Human
Rights and the European Court of Human Rights.

We are of the view that since "peremptory norms

of general international law (/its cogens}" is an
ongoing topic of the Commission, and the practice
and opinio juris of States concerning such
important issues as the identification and effects of
bus cogens remain unclear in some aspects
 FRANCE

72nd session of sixth committee 2017

The delegation of French was salient on the topic of international peremptory law (jus cogen)
and customary law.

Date Time Speaker Statement Code Rating

23 12:18PM - Mr. Francois  Following the Sixth Committee's order of Salient -
October 12:32PM Alabrune consideration of the International Law
2017 Commission's report, over the course of the
week my delegation will speak on the topics of
the "Protection of the atmosphere", "Immunity
from foreign criminal jurisdiction" and
"Peremptory norms of general international law
(Jus cogens)".
 UNITED STATES OF AMERICA

72nd Session of sixth committee 2017

KERSTI KALJULAID, President of Estonia, said that much of the disruption the world was
facing stemmed from climate change, which could be countered by a rapid technological
disruption of “our wasteful ways of life”.  Estonia was a nation of just over 1 million people
and had gone through a rapid transformation in the past 25 years.  Its economic and social
statistics demonstrated it was good at protecting its weakest while growing its economy. 
“We know it can be done,” she stressed, noting that her country’s guiding principles were the
rule of law, checks and balances, and individual rights.
She also noted that Estonia was aspiring to become an elected member of the United Nations
Security Council for the period of 2020 to 2021, emphasizing that as a small State with a long
history of being occupied, it was well-positioned to understand the plight of the world’s most
vulnerable.  There were too many States in the world which suffered from unresolved
conflicts.  Ongoing military aggression in eastern Ukraine continued to stir conflict and cause
casualties amongst the civilians.  The Crimean Peninsula remained occupied, as did parts of
Georgia.
The world had lost half a million people in Syria alone, she said, adding that it was critical to
hold responsible those who had committed human rights and humanitarian crimes.  The
world must not overlook the escalating human suffering in Yemen, South Sudan, Somalia
and Nigeria.  On the Democratic People’s Republic of Korea, she said the situation remained
an acute threat to world peace, and added that the key to countering terrorism and violent
extremism lay in cooperation at all levels.
It was vital to address the root causes and drivers for irregular migration to improve border
management and fight trafficking in human beings, she continued, recalling the “bitter
lesson” from Estonia’s history when its people were dispersed around the world during the
Second World War.  It had taught Estonia the importance of empathy towards refugees
fleeing the atrocities of war and destruction.  Tackling migration also meant tackling climate
change, which had become the defining issue of modern times.  Such massive universal
problems could only be tackled by inclusive societies.  Women had a critical role to play
particularly in conflict situations, she said, emphasizing the need to achieve gender balance in
peace processes.  Gender-based violence must be done away with, she stressed, adding that
survivors must be treated with dignity and perpetrators of the crimes held accountable.
She went on to share her country’s experience on how best to utilize e-governance to achieve
sustainable development and at a lower cost.  Digital change was everywhere, making
geography obsolete in some ways.  A digitally enhanced global civil society functioned better
when States provided their people with a safe means of digital communication.  She urged
Governments to catch up on that front.  Greater dependence on electronic services had
resulted in greater vulnerability in cyberspace, she continued, adding that that did not mean
stopping digital progress.  It meant that Governments must do more to analyze how
international law applied to the use of information and communications technology (ICT).
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 73rd SESSION REPORT
FRANCE

The special rapporteur proposed three draft conclusions: The vision adopted by the Special
Rapporteur, such as reflected in its reports and conclusions, is based on a theoretical
conception of Jus cogens as a manifestation of a superior natural order, which would impose
itself on state sovereignty.

the Special Rapporteur reads with regard to the draft conclusions presented this year, it
should be recalled, preliminary title, that, in accordance with the approach which prevailed
during the negotiation of The Vienna Convention on the Law of Treaties, jus cogens is a legal
concept which regulates as much the conditions of access to a standard to imperatively as the
effects of this standard due to its imperative. The vision adopted by the Special Rapporteur,
such as reflected in its reports and conclusions, is based on a theoretical conception of Jus
cogens as a manifestation of a superior natural order, which would impose itself on state
sovereignty.

Date Time Speaker Statement Code Rating

October 4:30 PM - Mr. Francois  The authority of the work of the Positive 4
24, 4:33 PM Alabrune International Law Commission rests
2018 on its working methods, which
involves a precise and complete
analysis of the practice international,
in all its forms and manifestations.
However, it emerges from the review
of the work on JUS cogens that the
Special Rapporteur on the subject
tends to support his proposals
essentially on doctrinal references
rather than international practice
relevant.
 Putting the decisions of international Negative 2
jurisdictions and the work of expert
committees as well as that of
"doctrine the most qualified raises
important questions. Such a
proposition is not supported by no
practice.
 It is indeed difficult to understand how
there could be a general practice
Neutral 3
 accepted as being the law which
would at the same time be in conflict
with a norm that the international con
States would consider it irrefutable.
More generally, it is difficult to
understand how a standard of Jus
cogens could not be customary at
the same time.

October 12:06 PM - Mr Francois  The draft conclusions on the Neutral 3

22, 12:21 PM Alabrune “Determination of customary
2018 international law” could usefully be
used to assist practitioners, especially
national judges, faced with the
question of the customary nature of an
international standard. A certain
flexibility is essential nevertheless in
the use of draft conclusions, which
do not constitute articles calling strict
enforcement.

UNITED KINGDOM OF GREAT BRITAIN & NORTHERN IRELAND

I will now turn to the topic of "Peremptory norms of general international law (jus cogens)."
The United Kingdom takes this opportunity to recognize the efforts of the Commission, and
it’s Special Rapporteur on this topic of jus cogens. The United Kingdom welcomes the
Commission’s decision to include the topic ‘General Principles of Law’ in its programme of
work and to appoint Mr. Marcelo Vázquez-Bermúdez as Special Rapporteur. The United
Kingdom thanks Mr. Vázquez-Bermúdez for the syllabus for the topic ‘General Principles of
Law’ annexed to last year’s ILC report. As previously stated in relation to the topic of jus
cogens, the United Kingdom agrees that questions concerning sources of international law are
natural topics for consideration by the Commission.

The United Kingdom believes it is important for the Commission to be clear when it is
codifying existing law and when it is suggesting the progressive development of the law, or
new law. In relation to the conclusions provisionally adopted by the Drafting Committee in
2018 on the effects of jus cogens on treaties, the United Kingdom is of the view that where
conclusions are based on the provisions of the Vienna Convention on the Law of Treaties
they should follow the language of such provisions. The United Kingdom is concerned about
proposed departures from the safeguards enshrined in the VCLT and reserves the right to
provide further comments in this regard as the topic develops.
 Draft conclusion 14 deals with a very important matter, the procedure to be applied when a
State invokes a norm of jus cogens and another State challenges that invocation. The solution
found in the Vienna Convention was a crucial element for the acceptance of the provisos on
jus cogens.

The United Kingdom has concerns regarding draft conclusion 17, on the relationship between
jus cogens and binding resolutions of international organisations. The United Kingdom does
not believe there is State practice to support the contention that a State can refuse to comply
with a binding UNSC resolution based on an assertion of a breach of a jus cogens norm.

The United Kingdom does not accept that the Security Council has ever contravened a norm
of jus cogens in its resolutions; it is not imaginable that the Security Council would require
states to breach rules of jus cogens and there is a clear danger that this draft conclusion could
be used to weaken respect for Security Council resolutions. To ensure the effective operation
of the UN’s collective security system, it is essential that all UN member states fully respect
UNSC resolutions and not question them unilaterally. In relation to the effects of jus cogens
on state responsibility detailed in draft conclusions 19, 20 and 21, the United Kingdom has
general concerns about the reliance by the Special Rapporteur on the nonbinding articles on
state responsibility, not all of which represent settled law, and some of which present
problems of practical implementation.

Finally, with regard to future work, the United Kingdom is doubtful as to the utility of
considering ‘regional’ jus cogens, since it does not believe this concept has any significant
support in State practice. The United Kingdom urges caution with regard to any attempts to
develop the law in this area, especially given the likelihood that a concept of ‘regional’ jus
cogens would undermine the integrity of universally applicable jus cogens norms, resulting in
even less clarity as to when a jus cogens norm is in existence.

Date Time Speaker Statement Code Rating

24.10.2018 12:14 PM -  The United Kingdom has general
 Mr.
12:25 PM concerns about the reliance by the Negative 2
Andrew
Special Rapporteur on the
Murdoch
30.10.2018 nonbinding articles on state
11:48 AM - responsibility, not all of which
 DR. Negative 2
11:56 AM represent settled law, and some of
ELAINE
which present problems of practical
 GORASIA implementation.
 The United Kingdom has concerns Negative 2
regarding draft conclusion 17, on
the relationship between jus cogens
and binding resolutions of
international organisations.
 The United Kingdom is doubtful
as to the utility of considering
‘regional’ jus cogens, since it does
not believe this concept has any
significant support in State practice.

CHINA

73st session of sixth committee 2018

On the topic ‘Protection of the atmosphere’, the Chinese delegation noted that a draft
preamble and 12 draft guidelines, together with commentaries thereto, had been adopted on
first reading. Protecting the atmosphere, as a current and common issue faced by
humankind, involves political, legal and scientific aspects and therefore, is highly complex
and sensitive. China wishes to remind the Commission once again, that, in its study of the
topic, it is necessary to follow the four-point Understanding reached in 2013, use general
international practice and existing law as basis, and fully respect the efforts of the
international community under existing mechanisms and the outcomes of relevant political
and legal negotiation processes. China supports the reaffirmation in the present draft
guidelines of such basic principles of international law as those on international cooperation.

First, draft conclusion 17 states that binding resolutions of the Security

Council of the United Nations do not establish binding obligations if they conflict with jus
cogens. China does not agree with this conclusion. The International Court of Justice has
repeatedly emphasized in its judgements that immunities are procedural rules. In its 2006
judgement on jurisdiction concerning the case of ‘Armed Activities on the Territory of the
Congo’, the ICJ specifically pointed out that jus cogens and jurisdiction are two different
matters.

On the topic of ‘Protection of the environment in relation to armed conflicts’, the Chinese

delegation has taken note of the Commission's provisional adoption, at its 70th session, of
nine draft principles, with commentaries thereto. » It is our long-standing position that
international and non-international armed conflicts are different in nature and that rules of
international law that apply to international armed conflicts, unless supported by State
practice, cannot be copy-pasted to non-international armed conflicts.
 On the topic of 'Succession of States in respect of State responsibilities’, China believes
that the second report submitted by the Special Rapporteur goes some way towards
facilitating the understanding of this matter among

We encourage the Commission to consider whether it is necessary to continue the work on

this topic or it is more advisable to formulate some essential draft guidelines and leave it at
that. On the topic of «Immunity of State officials from foreign criminal immunity'^ we wish
to remind the Commission that during last year's session of the Sixth Committee, many
Member States voiced their objections to the provision on the non-applicability of unmumty
rational material under draft article 7.

Date Time Speaker Statement code Rating

Monday, 11:57AM to Mr. XU  First, draft conclusion 17 1 Strong
October 12:06 PM Hong states that binding resolutions Negative
22,2018 of the Security Council of the
United Nations do not establish
binding obligations if they
conflict with jus cogens. China
does not agree with this
conclusion.

UNITED STATES OF AMERICA

KERSTI KALJULAID, President of Estonia, noting that her country is running for a seat at
the United Nations Security Council, said that:  “Small countries have no time for small
objectives.  Our aim is, among other issues, to bring all things digital to the United Nations
and Security Council.”  Cyber risks are something Estonians as citizens of a fully digitized
State understand better than most and her country can offer a perspective to make sure that
human beings remain safe.

In the heart of Europe, ongoing military aggression in eastern Ukraine continues, she said.
Parts of Georgia and the Crimean peninsula remain occupied. There is no resolution of the
conflicts in Africa.  While her country contributes humanitarian aid, practical assistance and
peacekeepers, it often feels like it is never enough.  Estonia reached an agreement on the
Global Compact for Safe, Orderly and Regular Migration, but such an accord needs
implementation or else it is hollow.  The same applies to the Paris Agreement on Climate
Change.  “We are still not dealing with root causes,”

In terms of efficiency, she noted the importance of truly effective multilateralism, and due to
its inclusiveness, this Organization holds great legitimacy.  On Security Council reform, there
needs to be more space for common ground, with people and States, both big and small,
feeling that the Security Council acts in their best interests.  For too often, the Council has
fallen victim to internal differences and clumsy procedures.  It is critical that the Council not
be rendered powerless, especially when mass atrocities are being committed.
 Information and communications technology can revolutionize entrepreneurship, education,
employment and healthcare, she noted.  Digital online services provide economic growth and
bring down barriers between citizens and the State.  New technologies should be seen as
enablers, creating new opportunities if supported by proper policies.  However, no new
technology can thrive in a fragmented world.  Now more than ever, global free trade as an
essential element of fostering long-term development and growth is needed.

Because, now more than ever, the international community is connected and dependent of
each other, it cannot afford to be self-centered or ignorant, she emphasized, adding that “we
all need to see the bigger picture”.  Such empathy can be translated into efficiency if there is
a desire to get things done, and although words are important, they need to be followed by
concrete actions.  “We have equal responsibility to be more proactive in preventing and
solving the challenges of our times,”

Date Time Speaker Statement Code Rating

31.10.1 4:02 PM Estonia However, we continue to have several serious Negative 2
8 – 4:12 concerns with this topic, including with respect to
PM working methods and analytical approach.
Unfortunately, the current working method for this
project has not been conducive to either pursuit

74TH SESSION REPORT

 France
74th Session of Sixth Committee 2017

It should be noted that the draft 23 conclusions raise on the merits various questions to which
our written observations will have the opportunity to return in detail. Four points deserve to
be pointed out now.

First of all, the French delegation wonders how the draft conclusion intends to relate to the
Vienna Convention on the Law of Treaties. The draft conclusion seems indeed, on certain
fundamental points, to depart from the terms of the Convention. This is the case with
conclusion No. 2, relating to the definition of jus cogens, or conclusion No. 21, which
proposes a procedural regime for identifying these standards. On these points, clarifications
seem necessary in the interest of all States, parties or not to the 1969 Vienna Convention.

Next, it is necessary to return to what the draft conclusions call, in our opinion improper, the
"foundations" of jus cogens. Conclusion 5, paragraph 2, raises a serious legal difficulty in this
regard since it creates a disconnect between a norm of jus cogens and its necessarily
customary origin. In the view of the French delegation, a general principle simply cannot
serve as the "foundation" for a norm of jus cogens.

Another cause for concern is the way in which the question of evidence is viewed in
conclusion 8. Because of the considerable legal effects attached to the norms of jus cogens,
the issue should be treated more rigorously and the threshold of proof should be raised
significantly. In particular, it seems to us unreasonable, and inconsistent with practice, to
consider that a simple resolution adopted by an international organization can be considered
as evidence of the imperative nature of a standard of international law.

Finally, France questions the future of the draft conclusions, as well as the status of the text.
Is this a doctrinal exercise, in which case it would be difficult to understand the inclusion of a
"procedural" conclusion, such as conclusion 21? Are these rather recommendations addressed
to States? In the opinion of my delegation, it would be very useful, in order to ensure that
States have a good understanding of the intentions of the Commission, to unravel, in the text,
what comes under the codification of what comes under progressive development .

Date Time Speaker Code Rating

Novemb 10:51 am- Mr  The draft conclusion seems indeed, on certain Strong 1
er 1 2019 11:07 am Francois fundamental points, to depart from the Negative
Alabrune terms of the Convention
 On these points, clarifications seem Strong 1
necessary in the interest of all States, Negative
parties or not to the 1969 Vienna Convention.
 In the view of the French delegation, a
general principle simply cannot serve as Strong 1
the "foundation" for a norm of jus cogens. Negative
 In particular, it seems to us unreasonable,
and inconsistent with practice, to consider Strong 1
that a simple resolution adopted by an Negative
international organization can be considered
as evidence of the imperative nature of a
standard of international law.

THE UNITED KINGDOM OF GREAT BRITAIN AND

NORTHERN IRELAND
 74th session of sixth committee 2019

The United Kingdom is of the view that In relation to the draft conclusions and commentary
thereto adopted on first reading by the Commission this year, for the reasons articulated in its
2017 statement on this topic, draft conclusion 3 (or draft conclusion 2 as it was at the time) is
at best superfluous, and at worst unhelpful. It would be better to drop this provision from the
conclusions. The rationale underpinning jus cogens is a controversial and essentially
theoretical matter which the United Kingdom does not believe it is necessary or helpful for
the Commission to try to address.

Having reviewed the commentary to draft conclusion 16, the United Kingdom remains of the
view that there is insufficient State practice to support the assertion that a State can refuse to
comply with a binding UN Security Council resolution on the basis that it is in breach of a
jus cogens norm.

Ultimately, the Commission opted to include, as an annex to the conclusions, a non-

exhaustive list of norms that the Commission has previously referred to as having that status.
The approach adopted by the Commission on first reading is preferable to that proposed by
the Special Rapporteur. Nevertheless, the United Kingdom still has concerns, as any use of
this illustrative list necessarily must carefully consider the quality and consistency of the
Commission’s prior work which referred to a norm as having peremptory status, and then
consider developments thereafter, if the aim is to assess the contemporary status of the norm
in question.

Date Time Speaker Statement Code Rating

06.11.2019 10:22 AM -
10:30 AM MR. IAIN  the United Kingdom is concerned Negative 2
MACLEOD
that, no matter how it is described,
the status of the list will cause
confusion and will be treated by
some readers as exhaustive and/or
a codification of existing jus cogens Strong 1
Negative
norms.

 The rationale underpinning jus cogens

 is a controversial and essentially
theoretical matter which the United
Kingdom does not believe it is
necessary or helpful for the
Commission to try to address.

UNITED STATES OF AMERICA

74th Session of sixth committee 2019
KERSTI KALJULAID , President of Estonia ,40 years ago, 40 years after Europe had been
divided between those with power, between those who never hesitated to use this power to
the benefit of their own nations and detriment of the others – 45 people from the Baltic States
sent out an appeal to the United Nations, to the EU and the countries involved.
Their appeal – later known as the Baltic Memorandum – carried the hope that multilateral co-
operation based on the rule of law can deliver for the small occupied states located between
the two global blocks, the liberal democratic world and the Soviet Union.
Just 12 years later, the three Baltic States re-joined the world of free and independent states.
This was a victory for democracy and multilateral co-operation.
This year, Estonia celebrates the 40-year anniversary of the Baltic Appeal by taking
responsibility we could not even dream about during occupation – becoming an elected
member of the Security Council of the United Nations.
We took this responsibility because we care. We care about the weaker and the weakest
among states and within societies. We care about those whose voice needs amplification by
the multilateral world in order to be heard.
We care about nations facing genocide. We care about their women, their children.
We care about nations facing long term conflicts and suffering from terror. We care about
their generations of boys for whom the only known profession is that of a soldier.
We care about nations facing extinction through the slow weapon of mass destruction – the
climate catastrophe.
We care about nations facing famine, and famine-induced disturbances due to climate
change.
We care about nations depending on this multilateral co-operation, based on the rule of law,
which is the United Nations.
We care because we know that true harmony for humankind – never yet achieved – depends
on our capability to show compassion for the fate of others.
Multilateralism is nothing but showing compassion for the fate of others.
Compassion was shown to us when we regained our independence and rebuilt our state.
We are ready to return this compassion shown to us, ready to take an elected seat for the
period of 2020-2021, behind the most difficult table of international co-operation, the
Security Council. We are ready to serve our electorate and all the others, too, as true service
for humankind in a multilateral system always demands.
We will talk with countries, not just about them.
Respect for the international rule of law and the efforts taken by those who preceded us in
implementing it will guide our actions, our decisions, our debates.
We have nothing but respect for varied, but sincere positions and opinions on how to resolve
the pressing issues we are facing, to support our decision-making. Those steered by
compassion for the humankind and compassion for this planet we habit, can rely on Estonia.
The moral authority of the UN as the global career for humanity is dear to our hearts.
We have a lot of long-standing and painful issues to tackle, like the fate of women and
children in conflict zones. But we also have new emerging challenges related to new
technologies. Estonia is to this day the world`s only digitally transformed nation which runs
its government totally online. But many are following us into cyber sphere.
New risks to our sovereignty emerge, related to cyber crime and also cyberspace as the new
military domain. As Estonia is globally contributing to the leapfrogging efforts based on e-
governance, we feel our responsibility to protect cyberspace as well. Hence, we strive, also in
our work in the UN Security Council, towards better application of international law in the
digital space.
Estonia has already declared its own intent in applying national and international law where
cyberspace is concerned. We invite all nations to do the same, in order to clarify how
international law applies in digital sphere.
We support and also actively participate in the reform efforts of the United Nations, lead by
Secretary General Antonio Guterres. We want the UN to be ready to lead in the 21 st century,
fully benefiting from the technological advances of humankind, which have made it much
easier for those who are not big and powerful – the majority of the UN Members – to follow
and contribute to the UN various bodies and numerous discussions.
We support thematic consolidation of UN actions and a regional focus of the aspirations, like
the high-level working group Every Woman, Every Child; or better common management of
the UN actions in various countries.
We also support those who say they want to be much more independently responsible, yet
supported by the UN in taking the steps towards collective regional approach to long-
standing problems – like the African Union.
We participate, both through UNDP, UNICEF and other UN bodies, in resolving global
miseries. We also strive to use the development resources of ourselves, leveraged by those of
the EU and UN, to suggest state-building based on digital solutions, seeing the potential of
internet and mobile access even among the poorest.
It allows the states to provide for their people, starting from registries of population, effortless
access to online birth registrations and online learning tools for those whose access to
classical schooling is limited by geography, ongoing conflict, social stigma or disability. We
see the Internet as a wonderful tool for educating girls globally, offering jobs for women
globally, thus reducing global population growth by emancipating women.
We support the thinking that saving our planet is also a civic responsibility of every person.
Nowadays and with the help of technology, we can take this responsibility and feel the
serious global effect of the action of each and every one. Like in the second world clean-up
day just last Saturday, when for the second year in a row, the civil movement born in Estonia
spread to 179 countries and territories – including Antarctica – involved more than 20 million
people and still counting.
Encouraged by this, the Estonian start-up sector underwrote a memorandum with global
ambition, promising to be climate neutral in all their actions by 2030. They bring some
serious market power and also start-up thinking behind the table, including their ability to
quickly and globally mobilize masses of people. Sometimes we associate their capability to
change our world only with the negative: closed bubbles and an antagonistic debate style,
disruption of work patterns and risks to our social service provision through allowing a global
jobs market not compatible with our industrial era tax models.
But this capability can also be used to mobilize masses for the good, making a real difference.
The pledge to climate neutrality is open to all start-ups and other green-minded companies
ready to support grassroots movement to save our planet. Today, a week after initiating the
process, the number of signatories has already more than doubled and spread beyond Estonia,
now covering more than 70 companies across Europe.
We need these civic movements, among other things, to encourage policymakers that
idealism, readiness to act for the benefit of humankind today and the children yet to be born –
still exists. That allows us, politicians, to set aside resources for stopping climate change,
which will inevitably reach and probably exceed 1% of global GDP.
The main reason why we are not globally efficient in putting into practice the already existing
technologies for green energy production, is the fragmentation of our actions. It is an obstacle
to global grid development. It is an obstacle to harnessing solar energy for the benefit of us
all, even if we know that a surface not exceeding the territory of Spain is all we need to cater
for global energy needs. It is an obstacle to making each and every microgrid globally rely on
renewables, and developing access to electricity among those who currently have none.
And there is no one but the UN to help us overcome this fragmentation. We welcome
yesterday’s first global Climate Summit as the sign that the UN is ready for this challenge.
Climate change remains the biggest existential challenge the world is facing. In this light it is
disturbing to know that we still keep subsidizing trillions of dollars into its source – the fossil
fuel industry.
The destructive force of climate change is not evenly distributed around the world. There are
places more vulnerable than the others. However, no place on Earth will be untouched and
none of us can escape it. Many people across the globe already experience threats with regard
to their livelihoods and, indeed, lives.
The Himalayan glaciers are melting at double the rate since the turn of this century,
threatening water supplies throughout Central, South and East Asia. Arctic permafrost is
melting decades earlier than even worst-case scenarios – threatening to unlock vast amounts
of methane, a powerful greenhouse gas.
Many people in Small Island Developing States (SIDS) live in a constant fear of inundation
by rising seas. The situation will only get worse unless we address it now with ambition and
urgency. Yet, our efforts and progress are far from enough to avoid obviously adverse effects
of this global crisis. A crisis that no country can solve alone.
Security issues related to climate change are further addressed by the Group of Friends on
Climate and Security where Estonia also participates.
Science tells us that climate change is unequivocal. It also indicates the best practices to
tackle it. Looking for the best solutions, we must also always rely on science. There is a
common perception that replacing fossil fuels with biomass is carbon neutral, whereas
science has told us that this is not entirely correct. Renewable energy is not necessarily
carbon-neutral. In fact, burning wood can actually increase CO2 emissions and would make it
even harder for us to receive climate neutrality goals by mid-century. Instead, it’s more
efficient to use wood for making products and in this case it's not only carbon-neutral, it's
carbon-positive as these products store carbon for their entire lifetime. We in Estonia
appreciate this and every 4th wooden house exported in the world is made by Estonians.
Climate change and environmental degradation is one of these few things where we need to
share collective responsibility. In this battle we are all on the same side and it is the only way
 we can win. We have one good example to take with us from the past where our collective
effort once paid off. It was back in 1987 when we agreed to protect the ozone layer by
phasing out numerous substances that were responsible for ozone depletion. As a result, the
ozone hole in Antarctica has since then been slowly healing.
Next year, we will be celebrating the 75 th anniversary of the United Nations. I would
encourage us all to take the 12 months to the birthday party as an opportunity to think what
we can do both individually and jointly to safeguard and strengthen the UN and
multilateralism.
Because the reality is simple – this global, interlinked and globally warming world cannot
survive unless our goodwill and good actions can work beyond artificial limitations created
by various, and from the viewpoint of humankind as a whole, artificial fragmentations of
global society which has hounded us and keeps hounding us.
It is the lack of true multilateralism, true and idealistic thinking for the benefit of humankind
as a whole, that keeps undermining the positive effect of our global efforts. We must
overcome it. The UN is our tool to overcome it. It has to be sharpened, it has to be supported
by new technologies, it has to be connected to civil societies through digital means allowing
to join individual efforts to global movements – but it can never be replaced.

Date Time Speaker Statement Code Rating

06.11.1 12:40 Republic of we are particularly concerned by the statement that Negative 2
9 PM – Estonia general principles of law may serve as a basis for
12:48 jus con
PM We are not only unaware of any evidence to support Negative 2
this conclusion but concerned by the implication
that there are characteristics of general principles of
law that would allow one to assume the existence of
criteria required for establishing a principle of jus
con


CHINA
74th session of sixth committee 2019

The Commission adopted, on second reading, the draft articles on ‘Prevention and

punishment of crimes against humanity’ and the commentaries thereto. The Commission also
adopted, on first reading, the draft principles on ‘Protection of the environment in relation to
armed conflicts’ and the draft conclusions on ‘Peremptory norms of general international law
‘, together with respective commentaries thereto. In addition, the Commission initiated its
consideration of the topic ‘General principles of law’, and decided to include the topic ‘Sea-
level rise in relation to international law’ in its programme of work. The Chinese delegation
applauds the active work of the Commission.

I would like to present the views of the Chinese delegation on the relevant topics as contained
 in the report. With respect to ‘Prevention and punishment of crimes against humanity’, the
Commission adopted, on second reading, the draft articles on this topic at its seventy-first
session, and recommended the elaboration of a convention by the General Assembly on the
basis of the draft articles. States are reaching consensus on the need for a convention.

The Chinese delegation has noted that due to time constraints, First of all, the criteria for
the identification of jus cogens should be strictly implemented. The two criteria adopted by
the Commission on first reading, namely a norm in question should be »a norm of general
international law and accepted and recognized by the international community of States as a
whole as a norm from which no derogation is permitted«, are largely in line with the
consensus of the international community. Secondly, the draft conclusions should avoid
treading on the relationship between resolutions of the Security Council and jus cogens. The
Chinese delegation has noted that according to draft conclusion 16, A resolution, decision or
other act of an international organization that would otherwise have binding effect does not
create obligations« if and to the extent that they conflict with Jus cogens.

Article 103 of the Charter of the United Nations, obligations under the Charter prevail
over other rules of international law. Nevertheless, this delegation finds it inappropriate to
make an explicit reference to the relationship between Security Council resolutions and jus
cogens in the commentaries. Resolutions of the Security Council, whose authority flows the
provisions of the UN Charter, must meet stringent procedural requirements and comply with
the purposes and principles of the Charter. It is simply inconceivable that such resolutions
will conflict with jus cogens.

Security Council resolutions against jus cogens will very likely lead to the use of jus cogens
as a pretext to evade the obligation to implement those resolutions or a challenge to their
authority, thereby undermining the collective security mechanism of the United Nations. The
Chinese delegation therefore suggests that languages relating to Security Council resolutions
be removed film the commentaries to the draft conclusions. The current draft includes in its
annex a list of eight peremptory norms, namely the prohibition of aggression, the prohibition
of genocide, the prohibition of crimes against humanity, the basic rules of international
humanitarian law, the prohibition of racial discrimination and apartheid, the prohibition of
slavery, the prohibition of torture, and the right of self-determination. This delegation finds
such a list to be highly problematic, as the Commission failed to provide convincing
arguments for the inclusion of those norms in accordance with its own criteria for the
identification of jus cogens as contained in the draft conclusions.

Such an approach will provoke even greater divergences of views and is at variance with the
original intention of this topic, which is to elaborate on the criteria for the identification of jus
cogens.

Date Time Speaker Statement Code Rating

28.10.1 11:25 Mr. JIA The Commission adopted, on second reading, the positive 4
9 AM – Guide draft articles on ‘Prevention and punishment of
11:38 crimes against humanity’ and the commentaries
AM thereto.