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Question of the Punishment of War Criminals and Of Re1olutions adopted on the reports of the Third Committee -------------------- Reiterating that freedom of information forms an national law recognized by the Charter of the Niirn­ important part of the human rights and fundamental berg Tribunal and the judgement of the Tribunal, and freedoms to the promotion of which the United Nations resolutions 2184 (XXI) of 12 December 1966 and is dedicated, 2202 ( XXI) of 16 December 1966, which expressly Decides to take up at its twenty-third session the condemned as crimes against humanity the violation consideration of the item on freedom of information. of the economic and political rights of the indigenous population, on the one hand, and the policies of apar­ 1638th plenary meeting, theid, on the other, 18 December 1967. Recalling Economic and Social Council resolutions 1074 D (XXXIX) of 28 July 1965 and 1158 (XLI) 2337 (XXII). Status of the Intemational Covenant of 5 August 1966 on the punishment of war criminals on Economic, Social and Cultural Rights, and of persons who have committed crimes against the Intemational Covenant on Civil and humanitv, Political Rights and the Optional Protocol N oti~ that none of the solemn declarations, instru­ to the International Covenant on Civil and ments or conventions relating to prosecution and pu­ Political Rights nishment for war crimes and crimes against humanity makes provision for a period of limitation, The General Assembly, Considering that war crimes and crimes against Recalling that in its resolution 2200 A (XXI) of humanity are among the gravest crimes in international 16 December 1966 it expressed the hope that the Inter­ law, national Covenants on Human Rights and the Optional Convinced that effective punishment for war crimes Protocol to the International Covenant on Civil and and crimes against humanity is an important element Political Rights would be signed and ratified or acceded in the prevention of such crimes, the protection of to without delay and come into force at an early date, human rights and fundamental freedoms, the encourage­ Noting that according to the report of the Secretary­ ment of confidence, the furtherance of co-operation General, submitted in pursuance of resolution 2200 A among peoples and the promotion of international (XXI) on the status of ratifications of the Covenants peace and security, and of the Optional Protocol,11 there have been no ratifi­ Noting that _the application to war ~r!mes and cri~es cations of or accessions to any of these instruments against humamty of the rules of mumc1pal law relatmg and that there have been only nineteen signatures to to the period of limitation for ordinary crimes is a the International Covenant on Economic, Social and matter of serious concern to world public opinion, since Cultural Rights, eighteen to the International C'.,ovenant it prevents the prosecution and punishment of persons on Civil and Political Rights, and eleven to the Optional responsible for those crimes, Protocol, Recognizing that it is necessary and timely to af­ Desiring to accelerate the ratifications of and acces­ firm in international law, through a convention, the sions to the Covenants and the Optional Protocol, principle that there is no period of limitation for war Convinced that the purposes and principles of the crimes and crimes against humanity, and to secure Charter of the United Nations would be greatly en­ its universal application, hanced by the coming into force of the Covenants and the Optional Protocol, Having considered the report of the joint working group of the Third and Sixth Committees on the draft 1. Invites States which are eligible to become parties convention on the non-applicability of statutory limita­ to the International Covenants on Human Rights and tion to war crimes and crimes against humanity,10 the Optional Protocol to the International Covenant on Civil and Political Rights to hasten their ratifica­ Expressing its regret that owing to the lack of time tions of or accessions to these instruments; it has not been possible to complete consideration of 2. Requests the Secretary-General to submit a report and to adopt the convention on the non-applicability on the status of the Covenants and the Optional Pro­ of statutory limitation to war crimes and crimes against tocol to the International Conference on Human Rights humanity, to be held at Teheran in 1968 and to the General 1. Expresses its thanks to the joint working group Assembly at its twenty-third session ; of the Third and Sixth Committee for the work it 3. Decides to include this item in the provisional has accomplished; agenda of its twenty-third session. 2. Takes note of the report of the joint working 1638th plenary meeting, group; 18 December 1967. 3. Requests the Secretary-General to transmit to Member States the report of the joint working group 2338 (XXII). Question of the punishment of war containing the text of the draft convention adopted by criminals and of persons who have com­ the group and to invite them to submit comments on mitted crimes against humanity the draft convention; The General Assembly, 4. Further requests the Secretary-General to issue to Member States, before the twenty-third session of Recalling its resolutions 3 (I) of 13 February 1946 and 170 (II) of 31 October 1947 on the extradition 10 The joint working group was established, for the twenty­ and punishment of war criminals, resolution 95 (I) of second session, following consultations between the Chairman of the Third Committee and the Chairman of the Sixth Com­ 11 December 1946 affirming the principles of inter- mittee, in accordance with the recommendation adopted by the General Assembly at its 1564th plenary meeting, on 23 Sep­ 11 A/6820 and Add.1. See also Official Records of the General tember 1967. For the re_port of the joint working group, ace A.sstmbly, Twmty-second Session, Third Committee, 1553rd 0 fficial Records of the Gmeral Assembly, Twm~-second Ses­ meeting, para. 53. sion, Annexes, agenda item 60. document A/C.3/L.1503. Genera) A11sembly-Twenty-~econd Se.ion the General Assembly, a report containing the replies 3. Further welcomes the special activities contem­ received from Member States in accordance with plated or undertaken by other organs of the United paragraph 3 above; Nations in connexion with the International Year for 5. Recommends that no legislative or other action Human Rights ; be taken which may be prejudicial to the aims and 4. Invites Member States, the specialized agencies, purposes of a convention on the non-applicability of the regional intergovernmental organizations and the statutory limitation to war crimes and crimes against national and international organizations concerned to humanity, pending the adoption of a convention by the continue to intensify throughout 1968 their efforts and General Assembly ; undertakings in the field of human rights, including the measures set out in the annexes to its resolutions 6. Decides to give high priority to the completion 2081 (XX) and 2217 A (XXI), and to keep the of the draft convention on the non-applicability of statu­ Secretary-General informed of these efforts and un­ tory limitation to war crimes and crimes against dertakings ; humanity, with a view to its adoption at the twenty­ third session. 5. Expresses its appreciation to the Preparatory Committee for the International Conference on Human 1638th plenary meeting, Rights for the work it has accomplished; 18 December 1967. 6. Takes note of the provisional agenda for the !nternational Conference on Human Rights, contained 2339 (XXII). International Year for Human m annex II to the report of the Preparatory Com­ Rights mittee; 7. Expresses the hope that the Conference will de­ The GeneraJ Assembly, vote particular attention to the adoption of l]leasures to ensure the immediate and complete elimination of Recalling its resolution 1961 (XVIII) of 12 De­ all forms of racial discrimination, apartheid and cember 1963 designating the year 1968 as Interna­ colonialism ; tional Year for Human Rights, Recalling also its resolutions 2081 (XX) of 20 De­ 8. Decides to modify rule 34, paragraph 1, of the draft rules of procedure of the Conference18 to read cember 1965 and 2217 (XXI) of 19 December 1966 as follows: relating to the International Year for Human Rights, Reaffirming its conviction that the celebration of the "Decisions of the Conference on all matters of International Year for Human Rights, including the substance shall, unless otherwise decided, be taken by a simple majority of the representatives present holding of the International Conference on Human and voting" ; Rights, will contribute significantly to the promotion of universal respect for and observance of human rights 9. Invites the Council of Europe, the League of and fundamental freedoms for all without distinction as Arab States, the Organization of African Unity and to race, sex, language or religion, tht'. Orga~ization of American States and any other Having considered the report of the Secretary-Gen­ reg10nal intergovernmental organizations particularly eral on the International Year for Human Rights,11 concerned with human rights to send observers to the Conference ; H<Wing also considered the report of the Preparatory Committee for the International Conference on Human 10. Invites non-governmental organizations in con­ sultative status with the Economic and Social Council Rights,12 that have a demonstrable interest in the items on the Bearing in mind the conclusions and recommenda­ provisional agenda for the
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