Statement Under Agenda Item 82: Report of Special Cmte. on UN Charter

Specifications Statement Under Agenda Item 82: Report of Special Cmte. on UN Charter

Statement & Document

Subject
Legal

 Statement by Mr. Mahdad Fallah Assadi

Representative of the Islamic Republic of Iran

Before

the Sixth Committee of the

78th Session of the United Nations General Assembly

On Agenda Item 82:

"Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization”

New York, 2 November 2023

بسم الله الرحمن الرحیم 

Mr. Chairman,

At the outset, I would like to align myself with the statements delivered on behalf of the Non-Aligned Movement and the Group of Friends in Defence of the UN Charter and  deliver the following in my national capacity.

The United Nations system and architecture is built on multilateralism. In the face of ever increasing serious and complex global challenges, States should adhere to multilateralism, which necessitate respect for the principles enshrined in the UN Charter and particularly resolving international disputes based on the principles of international law.

My delegation reiterates that member States are neither legibus solutus (unbound by the law or above the law) nor authorized to undermine the centrality of the rule of law within the UN multilateral system.  

 In these circumstances, the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization is considered the only enduring mechanism within the UN system capable of addressing issues related to the UN Charter and strengthening the role of the Organization as well as addressing the current challenges which paralyzes the UN organs and impedes the maintenance of international peace and security.

The attempts to politicize the Charter Committee during its previous sessions are an alarming development with the potential to prejudice the legal nature of the work of the Sixth Committee as well as consensus decision-making.

Therefore, my delegation supports any proposal that contributes to strengthening and promoting the Special Committee’s well-established role that, would ultimately strengthen the UN. My delegation also acknowledges the Committee as it is entrusted with addressing substantial issues related to international peace and security as well as pacific settlement of disputes. In light of various legal and factual developments in the peaceful settlement of disputes, we also recommend that the Secretariat takes the necessary measures to update “the Handbook on the Peaceful Settlement of Disputes between States”.

As a member of Group of Friends in Defense of the UN Charter, that is established in order to preserve the principles of the Charter, the Islamic Republic of Iran has on 5th November 2022 hosted the first meeting of the National Coordinators of the Group in Tehran.  

On the issue of sanctions imposed by the SecurityCouncil, while the imposition of Security Council sanctions under Chapter VII of the UN Charter has adverse impacts on the political life of countries and well-being of their peoples, unfortunately such sanctions are imposed or lifted, completely dependent on the political will of few Member States. There should be pre-established standards or criteria for determining the relevant situations or cases as enshrined in the UN Charter while imposing sanctions. These criteria should include, inter alia, the considerations related to the sovereign equality of Member States as well as international human rights law.

On the agenda of pacific settlement of disputes, we attach particular importance to the annual thematic debate under the agenda item on the peaceful settlement of disputes, which contributes to the more efficient and effective use of peaceful means while promoting a culture of peace among Member States.

The Islamic Republic of Iran has on several occasions reiterated its support for the legal-judicial diplomacy as a determinative apparatus in international relations, in strengthening the rule of law, preserving international order and tackling unilateral actions in international relations.

The Islamic Republic of Iran is strongly committed to the principles of international law, including peaceful settlement of disputes in a manner consistent with the purpose of maintaining international peace and security. In this context and in accordance with Article 33 of the UN Charter, we have sought different means of dispute settlement with several States to resolve outstanding disputes, divergences or disagreements.

 Mr. Chairman,

It goes without saying that the imposition of Unilateral Coercive Measures (UCMs) remain among the pressing challenges that runs counter to the purposes and principles of the Charter of the United Nations. Such internationally wrongful acts which are flagrant violations of the fundamental principles of international law inflict immeasurable harm upon the people of targeted States.

Given the detrimental impacts of UCMs and with an outlook to develop a legal framework to stand against these unlawful measures, my delegation put forward a proposal entitled “Obligations of Member States in relation to unilateral coercive measures: guidelines on ways and means to prevent, remove, minimize and redress the adverse impacts of unilateral coercive measures” contained in Annex II, document A/75/33 which updated last year. We believe it is high time that the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization consider this proposal seriously and substantively.

We also support the Working Paper submitted by the Syrian Arab Republic entitled “Privileges and immunities enjoyed by representatives of the Members of the United Nations and officials of the Organization that are necessary for the independent exercise of their functions in connection with the Organization.”

Mr. Chairman,

On the working method of the Special Committee, while stressing the importance of the functions of the Special Committee related to the different agendas under its consideration, including clarification and interpretation of provisions of the Charter, the Special Committee is urged to fully implement the decision on the working methods adopted in 2006 as reflected in paragraph 3 (d) of General Assembly resolution 75/140. We believe the working methods of the Special Committee should be guided by a pragmatic approach to the substance of its work.

Finally, Mr. Chairman, on the verge of 50th anniversary of the establishment of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, my delegation would like to reiterate that the Committee is expected to fulfill its mandate appropriately.

I thank you, Mr. Chairman.