STATEMENT BY THE REPRESENTATIVE OF THE REPUBLIC OF TURKEY AT THE SIXTH COMMITTEE AGENDA ITEM 82: REPORT OF THE INTERNATIONAL LAW COMMISSION

-- 05.11.2007
Mr. Chairman,

We would like to thank the Chairman of the International Law Commission, Mr. Ian Brownlie, for the introduction of the Commission's Report on the second cluster of topics. We would like to comment on the topics of "Shared natural resources" and "Obligation to extradite or prosecute (aut dedere aut judicare)".

Mr. Chairman,

The topic of "Shared natural resources" was included in the work programme of the ILC in 2002 and four years later, in 2006, the Commission adopted on first reading the draft articles on the law of transboundary aquifers together with commentaries thereto. My delegation made comments on this topic in 2005 at the Sixth Committee and our position remains unchanged. Suffice it, nevertheless, to stress our preference on the final form of the work on this topic, i.e. non-binding instrument in the form of guidelines.

During the 59th session of the International Law Commission, the Special Rapporteur, Mr. Chusei Yamada, introduced his fourth report dealing with the question on how the Commission should proceed in its further consideration of the topic. Concerning the relationship between the work on groundwaters and that on oil and gas, my delegation supports separate treatment of the law on transboundary groundwaters and issues regarding oil and gas.

Mr. Chairman,

I now turn to the topic of "Obligation to extradite or prosecute". My delegation welcomes the inclusion of this important topic in the work programme of the Commission. This topic is of crucial importance in relation with the efforts on combating impunity and ending safe havens. We thank Mr. Zdzislaw Galicki for introducing his second report during the current session of the ILC. We would like to share some preliminary comments on the topic.

First of all, we agree with retention of the current title of the topic: Obligation to extradite or prosecute. Secondly, we share the Commission's view on the need to determine to precise meaning of the part of the obligation referred to as "judicare". In this regard, my delegation looks forward to having the formulation by the Special Rapporteur of the definitions. Taking into consideration the fact that jurisdiction of international criminal tribunals is limited to certain crimes, we have doubts about the "triple alternative" Finally, my delegation welcomes the intention of the Special Rapporteur to conduct a systematic review of treaties, national legislation and judicial decisions.

Thank you.