CALL FOR PEACEFUL SETTLEMENT OF DISPUTES: Security Council Calls for Peaceful Settlement of Disputes, Pledging 'Forceful' Fight Against Impunity, in Statement Capping Day-long Debate on Rule of Law
Adherence to Rule of Law Begins at Home', Says Deputy Secretary-General, Urging Council to Place It at Centre of Response to International Peace, Security Threats
The Security Council this afternoon called upon States to settle disputes peacefully through the various regional and international courts and tribunals set up for that purpose and pledged to continue forcefully to fight impunity and uphold accountability for the most serious crimes.
After a day-long debate on promoting and strengthening the rule of law in the maintenance of international peace and security that heard from 36 speakers, the Council reaffirmed its commitment to an international order based on the rule of law and international law, and reaffirmed its strong opposition to impunity for serious violations of international humanitarian law and human rights law, through a statement read out by the Deputy Foreign Minister for Multilateral Affairs and Human Rights of Mexico, whose delegation holds the Council's presidency for June.
States, the Council stressed, must thoroughly investigate and prosecute perpetrators of war crimes, genocide, crimes against humanity and other serious violations of international humanitarian law to prevent their recurrence and promote sustainable peace, justice, truth and reconciliation.
The Council considered sanctions an important tool in maintaining and restoring international peace and security, while reiterating the need to ensure that they were carefully targeted in support of clear objectives and designed to minimize possible adverse consequences.
It welcomed the establishment of the Rule of Law Coordination and Resources Group, set up in 2007 to bolster efforts to ensure a coherent, coordinated United Nations response to rule of law issues on the Council's agenda. It asked the Secretary-General to report within a year on progress in implementing recommendations in his 2004 report on the subject and to consider more steps to promote the rule of law in conflict and post-conflict situations.
Opening the debate earlier today, Deputy Secretary-General Asha-Rose Migiro said the United Nations broad and ambitious rule of law agenda was moving in the right direction, from a narrow focus on war-torn societies in the past to a broader, international level, based on the principle that the Organization must act in accordance with fundamental standards of human rights in its own activities, operations and practices.
"Adherence to the rule of law begins at home," she said, adding: "As the world faces new and evolving threats to international peace and security, such as transnational organized crime, terrorism and piracy, the Security Council should place the rule of law at the centre of its response."
The Council had developed new ways to promote compliance with international humanitarian law, and better protect civilians, particularly children and women, caught up in armed conflict, she said. By establishing the ad hoc and hybrid tribunals, it had been at the forefront of the campaign for individual accountability for international crimes. It also aimed to create a deployable team of rule of law experts to help national authorities address sexual violence in armed conflict, as mandated in resolution 1888 (2009).
Since 2006, she said, the United Nations had enhanced its capacities, setting up an Office of Rule of Law and Security Institutions in the Department of Peacekeeping Operations that brought together police, justice, corrections, disarmament, demobilisation and reintegration, security sector reform and mine action capacities. It had created the Rule of Law Coordination and Resource Group to coordinate and control the quality of the Organization's engagement in that field. The Bureau for Crisis Prevention and Recovery of the United Nations Development Programme (UNDP) was delivering rule of law assistance worth $202 million in more than 20 conflict and post-conflict settings.
Still, recruiting, training and retaining high-quality personnel and deploying them in a rapid, consistent and predictable manner remained a challenge, she continued. Funding to strengthen the rule of law in fragile, conflict and post-conflict settings had not matched the rhetoric on its importance.
Patricia O'Brien, Under-Secretary-General for Legal Affairs, said the United Nations Charter had envisaged a system of settling disputes peacefully before intractable conflicts occurred, but the links between the General Assembly, the Council and the International Court of Justice towards that goal had not been fully exploited. She encouraged Council members to follow up on the Court's recommendation to refer parties to disputes to it, as well as to accept the Court's compulsory jurisdiction.
She stressed the critical need to adopt sanctions in accordance with international law and Charter objectives. The recent adoption of resolution 1904 (2009) showed the significant effort to address the rights of due process and, in particular, that of an effective review of such decisions. The establishment of the "Office of the Ombudsperson" was an important move to ensure fair and clear procedures for listed individuals and entities. Her Office intended to follow the interaction between the Ombudsperson and the sanctions committee as well as the impact of resolution 1904 (2009) on the jurisprudence of national and regional courts.
She said that since its inception last year the administration of justice system at the United Nations had issued more than 200 judgments. By week's end, the Appeals Tribunal would have already convened two sessions this year and reviewed more than 60 cases. The new system was as a milestone in strengthening the Organization's commitment to the rule of law, justice and accountability.
Council President Juan Manuel Gómez-Robledo, Mexico's Deputy Foreign Minister for Multilateral Affairs and Human Rights, speaking in his national capacity, said the Council should consider concrete steps to strengthen the rule of law. The recommendations in the 2008 Austrian initiative on the Security Council and the rule of law might be a helpful guide.
In recent years, States had turned to the International Court of Justice, but its potential had not been fully exploited, he said, echoing the calls of Ms. O'Brien and other speakers for all States to accept the Court's jurisdiction. Permanent Council members had a special responsibility to maintain peace and security and their acceptance of the Court's compulsory jurisdiction would greatly encourage other States to follow. The historic adoption of a definition of the crime of aggression by the recent Review Conference of the Rome Statute in Kampala would allow the Court to exercise its jurisdiction in that regard.
Mediation was important in all stages of a conflict, and countries without strong institutions needed "sound legal scaffolding" to guarantee that peace agreements actually led to peace, he said. In its treatment of conflict situations, the Council should consider, on a case-by-case basis, security sector reform; establishing truth commissions; promoting gender justice; and cooperating with the International Criminal Court. Vulnerable groups should receive special attention, he said.
In a similar vein, other speakers commended the stocktaking of international criminal justice by the Kampala conference. They also stressed the importance for all parties to respect international humanitarian law, particularly in conflict situations, where women and children required special protection. That respect should be part of any comprehensive strategy to resolve conflict. There was broad agreement that the international community must not allow a culture of impunity to prevail, and in the new age of accountability, all perpetrators of serious crimes, such as terrorism, must be held to account, speakers said.
Also speaking today were the representatives of Bosnia and Herzegovina, Uganda, Nigeria, France, Brazil, Austria, United Kingdom, Lebanon, China, Russian Federation, Japan, United States, Turkey, Gabon, Denmark, Switzerland, Finland, Italy, Liechtenstein, Australia, Republic of Korea, Argentina, Norway, Guatemala, Peru, South Africa, Germany, Solomon Islands, Botswana, Azerbaijan, Canada and Armenia.
A representative from the European Union also made a statement.