Mr Chairman.
I have the honour to speak on behalf of the European Union. The Candidate Countries of Croatia* and the former Yugoslav Republic of Macedonia*, and, the Countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Montenegro, Serbia, as well as Ukraine, the Republic of Moldova and Georgia align themselves with this statement.
Strengthening the rule of law at the national and international levels, including at the United Nations is a priority for the EU. A rules based international order founded on respect for the rule of law is a cornerstone for the peaceful coexistence of nations and an essential prerequisite for relations among States. At the international level, the rule of law is, at its core, encapsulated in the norms of international law. One of the main founding purposes of the United Nations was "to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained". As agreed at the 2005 World Summit, commitment to the purposes and principles of the United Nations Charter and to an international order based on the rule of law and international law, are essential for peaceful cooperation and coexistence.
The EU welcomes the Secretary-General’s first annual report on strengthening and coordinating United Nations rule of law activities. We reiterate our satisfaction of the adoption of the resolution on "the rule of law at the national and international levels"1 at the last session of the General Assembly and the solid place the "rule of law at the national and international level" now has on the agenda of the Sixth Committee. While we will be focusing on Promoting the rule of law at the international level at this session, next year’s debate will focus on the “laws and practices of Member States in implementing international law”. We believe this will be an important sub-topic, addressing both the national and international level, and agree with the Secretary-General, as outlined in the report, that priority must be given to strengthening the nexus between the rule of law at the national and international levels. We believe that the Secretary-General should put a particular focus in his report next year and in subsequent years on the sub-topics to be discussed by the Committee.
Turning to the topic for this session, the European Union wholeheartedly shares the Secretary-General’s vision of the importance of the rule of law at the international level and the promoting role of the UN in this regard. The EU sees a role for the UN, above all, in maintaining and developing the rule of law acquis established so far. All main bodies of the UN contribute to and are subject to this legal development. All UN bodies and Member States have an interest in promoting the rule of law and strengthening a rules-based international system. The EU particularly emphasises the important role played over the years by the International Law Commission in the codification and development of international law. We also acknowledge the important contribution of the UN Programme of Assistance in Teaching, Study, Dissemination and Wider Appreciation of International Law.
International relations and multilateral cooperation based on the rule of law, firmly consistent with the UN Charter, means, first of all, that all exercise of power is subject to law. This requirement encompasses that all States, as well as international organizations, and, increasingly, non-state actors must fulfil their international obligations, irrespective of their domestic law, and that they establish effective internal mechanisms in order to ensure compliance. One of the most important ways in which the exercise of power is restrained by law is the obligation of all States – large and small – to refrain from the threat or use of force in any manner inconsistent with the UN Charter, as well as the obligation for every State to settle disputes by peaceful means. Yet, as is noted in the Secretary-General’s report, in many areas violations of international law are still too frequent and the political will to consistently ensure compliance too weak, especially as regards the efforts to protect civilians in armed conflict in accordance with the Geneva Conventions, which enter their 60th year. The EU reaffirms its commitment to these and other fundamental principles and its determination to work for strengthening the compliance of all parties.
Secondly, the protection of human rights and fundamental freedoms is not only a responsibility of every State towards everyone within their jurisdiction. It is a responsibility towards the international community as a whole, and therefore forms a critical part of the rule of law that must be respected at international level. These fundamental values establish parameters that ensure that rule “of law” at the international level is more than simply the rule “by law”.
Further, the preparedness and responsibility of Member States of the United Nations to take collective action, in accordance with international law and the UN Charter, against serious international crimes, namely genocide, crimes against humanity, ethnic cleansing and war crimes, was endorsed at the 2005 World Summit which recognised the Responsibility to Protect.
Finally, the rule of law at the international level must rest on sufficient and effective means of ensuring accountability to law and the settlement of disputes when compliance is in question. In support of the obligation to settle disputes peacefully, the increasing caseload before the ICJ is encouraging. In this context, the EU recalls the recommendation in the 2005 World Summit Outcome that States that have not yet done so consider accepting the jurisdiction of the Court in accordance with its Statute. In support of the fight against impunity, the role of the International Criminal Court is central, along with the ad hoc and mixed tribunals. The EU fully supports the establishment of a mechanism or mechanisms to deal with residual functions after the closure of the ad hoc tribunals. The EU supports the Secretary-General in the continuous support of the United Nations to the ICC, and calls on all States which have not yet done so to ratify the Rome Statute without delay and to cooperate with the Court.
The European Union is deeply committed to upholding and developing an international order based on the rule of law where international law, including human rights law is fully respected and implemented. We believe that international law and the rule of law are the foundations of the international system with the United Nations at its core. Treaty- and Charter-based obligations rest in turn on the fundamental international law principles of honouring commitments – pacta sunt servanda – and the duty of all states to act in good faith, or bona fide. These commitments are also expressed in the Vienna Convention on the Law of Treaties, one of the cornerstone instruments to achieve stabilization of international relations and a rules-based international system, whose 40th anniversary we celebrate this year.
The rule of law is among the core principles on which the EU builds its international relations and its efforts to promote peace, security and prosperity worldwide. In a globalized world, the rule of law at the national and international level is even more a necessary condition for the interaction of States and their societies and an essential condition for peace and stability. Adherence to the rule of law is critical to conflict prevention, to stabilization, recovery and reconstruction of fragile and conflict affected environments and to sustainable long-term development. Legal empowerment of the poor is an effective tool in the eradication of poverty, facilitating our efforts in this regard. The EU agrees with the Secretary-General, that ”strengthening the rule of law at the international level is critical to effectively address global challenges.”
The UN Charter reminds us of one of the purposes of the United Nations: to maintain international peace and security in conformity with the principles of justice and international law. The Charter does not support a choice between peace and justice. A lot has been achieved since the Charter was drafted, but let us never become complacent over the acquis to date, under the aegis of the United Nations – these advances must continuously be safeguarded. Whenever justice or its absence is questioned, our answer must always be: more justice, not less.
Mr. Chairman,
The EU recognizes the substantial efforts behind the initiatives set out in this year’s and last year’s report. The EU supports these initiatives and the critical work carried out by the Rule of Law Coordination and Resource Group and the Rule of Law Unit. The EU underlines again the importance it attaches to the Unit. The EU maintains its view that the Unit should be provided through the UN regular budget with all the necessary resources required for the Unit to carry out its important functions in an effective and sustainable manner.
Many of the initiatives to ensure common approaches and strategic efforts described in reports of the Secretary-General on rule of law to date pertain to the support for the rule of law at the national level. The EU also welcomes the dialogue initiated by the Rule of Law Unit, in close cooperation with the UN Office of Legal Affairs, on the rule of law at the international level as a useful preparation for this debate. The EU encourages the Secretary General to address in future annual reports on the rule of law ways to further develop coherent and strategic approaches to promote and strengthen the rule of law at international level.
Identifying concrete ways and measures to strengthening the rule of law at the international level also requires further consideration and discussion by Member States. We would like to stress that our efforts to promote the rule of law at the international level not only serve the abstract goal of a rules-based international order, but, ultimately, the protection of the rights of individuals both at a national and international level.
Mr Chairman,
In order to stimulate thoughts of how to better and more actively promote Rule of Law at the international level in the areas I have already touched upon, I’d like to share with you some concrete examples of programmes and activities that the EU has designed in this respect, in addition to what is being done by individual EU Member States:
- The EU supports a number of peace-building programmes, including its Palestine programme, which supports international mediation by providing operational and logistical support to the Office of the Quartet Representative based in Jerusalem.
- Since the Rome Statute came into force, the EU has contributed with substantial funding to the global ratification campaigns undertaken by civil society coalitions.
- The EU encourages integration of international norms and standards related to the rule of law both through bilateral human rights dialogues and under Partnership and Cooperation Agreements with various countries.
- Further, the EU lends direct financial support to the work of international organisations established to promote the international rule of law, such as the international criminal courts and the OHCHR.
- The EU has also conducted and is still conducting "rule of law missions" in the aftermath of severe crises in order to help rebuild judicial structures in the interest of regional stability, as in Georgia, Iraq and Kosovo, and has integrated a rule of law component in several of its other civilian crisis management operations, for example in Afghanistan, Guinea-Bissau and the Democratic Republic of Congo.
Again, the EU stresses the importance of ensuring that the rule of law is addressed by all UN main bodies and fully integrated into the peace and security, development and poverty reduction and human rights pillars of United Nations engagement.
Let me conclude. The EU is strongly committed to strengthening the rule of law and a rules-based international system. The EU warmly supports debates on the rule of law in this and forthcoming sessions. We strongly support the Rule of Law Coordination and Resource Group and the Rule of Law Unit. Just as the Secretary-General offers the support of the United Nations to Member States in these endeavours, the European Union offers its support and partnership to the United Nations for this purpose.
Thank you, Mr Chairman.
* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process