Statement by

Mr. Mohammad Sadegh Talebizadeh Sardari

Attaché

Ministry of Foreign Affairs of the Islamic Republic of Iran

Before the Sixth Committee, UNGA 77

On Agenda item 73: “Responsibility of States for internationally wrongful acts”

New York, 13 October 2022

In the Name of God, the Compassionate, the Merciful.

Mr. Chairperson,

The normative framework around the responsibility of the State is the backbone of international order based on international law. This set of norms arises from the principles delineated in the Charter of the United Nations, such as the sovereign equality of States and peaceful settlement of disputes.

The international community requires a legal framework that shapes the behavior of states by making them accountable for their wrongful acts in order to prevent them from circumventing international law by either imposing their wrongful acts as new norms or customary international rules or setting a dangerous precedence in international relations whether by force, coercion or intimidation. Having a legal framework on the responsibility of states would significantly contribute to the rule of law at the international level and act as its safeguard. It would have a significant role preventing unilateralism and arbitrary interpretation of international law. It can certainly materialize the principle of equality of states as well.

The extensive reliance of national and international courts as well as tribunals regarding the Draft Articles on the responsibility of States for internationally wrongful acts and the frequent reference by states to these draft articles in their bilateral relations are indicative of their high value. Most of the provisions of the Draft Articles are an expression of customary international law.

No one can ignore the fact that the law on the Responsibility of States engages ever increasingly with the daily affairs of States in their international relations more so than any other field of law. Applying it to all fields of international law gives the articles on the responsibility of states an exceptional characteristic. It is the only body of law with no viable alternative.

Concerns regarding facing the legal consequences of wrongful acts, mostly in breach of the basic principles of the UN Charter  as well as avoiding political pressures to accede to a legally binding instrument on the responsibility of states, have prevented wrongdoers from accepting an established and well-founded legal framework on the Responsibility of States in the form of a Convention. Excuses to undermine the finalization of this process that were provoked by political intentions are strongly rejected. It is my delegation’s firm belief that the international community must prevail over the political interests of a few specific individual States.

Mr. Chairperson,

My delegation reiterates its long-standing position that codifying the articles in a binding instrument, such as a convention, could provide legal certainty in international relations. The time has already ripened to convene a diplomatic conference aimed at negotiating and adopting such an instrument. We also believe a dispute settlement mechanism should be included in the future convention to not only bring certainty and predictability to the application of the convention, but also prevent its abuse in the form of excessive or unjustified invocation of countermeasures in states’ bilateral relations. The articles within the prospective Convention concerning reparation for injury would also enhance the rule of law and access to justice at international level. Clarification in this field of law, including adopting a convention, would itself contribute significantly in preventing and deterring internationally wrongful acts. Adoption of this set of Articles is a significant step towards the realization of the “international community”.

My delegation recognizes the Working Group as an appropriate forum for discussing the convening of such a diplomatic conference. Meanwhile, as long as the Working Group puts forth its effort to consider the possible ways forward, my delegation supports reducing the cycle of consideration for this agenda item within the Committee from triennial to biennial or annual.

I Thank you, Mr. Chairperson.