Statement by Dr Wouter Zaayman at the United Nations Security Council Open Debate on Upholding International Law within the Context of the Maintenance of International Peace and Security
17 May 2018
Mr President
I wish to congratulate the delegation of Poland on assuming the Presidency of the Security Council for the month of May and for organizing this timely open debate on “Upholding International Law within the context of the maintenance of international Peace and Security”.
My delegation aligns itself with the statement delivered by the Bolivarian Republic of Venezuela on behalf of the Non-Aligned Movement.
Mr President,
Let us be clear, the law in itself does not protect; it is only the effective implementation and respect for the law that protects.
We wish to stress that in order to uphold international law, the international community must be governed by a system in which all players are accountable to laws that are equally enforced and independently adjudicated. If not, the fabric of international law will lack credibility. We should not selectively condone the breaking of international law, including non-compliance with resolutions of this Council because of the political obstinacy of a few. In our consideration of upholding international law, we must start with the resolutions of this Council, which are at times ignored or deliberately breached. The Council should ensure that there is accountability for its decisions, otherwise the decisions of this chamber would be rendered worthless.
Mr President,
Respect for human rights and international humanitarian law (IHL) is an essential component of the rule of law, particularly in conflict situations, and plays a crucial role in the maintenance of international peace and security. Security Council resolutions on specific country situations as well as on thematic issues have reiterated this link on numerous occasions. The Council should continue promoting compliance with the principles and rules of IHL by the parties to an armed conflict.
The United Nations could play at least two important roles in respect of the implementation of international humanitarian law:
- Firstly, during times of peace, it is important for the UN to assist Member States, at their requests, with the dissemination and effective domestication of IHL instruments.
- Secondly, the UN should continue to play a vital role in monitoring adherence to and persecution of IHL violations during times of armed conflict. It is important to note that a proactive approach of dissemination and education should be the primary focus; not a reactive approach where action is taken only following grave breaches of IHL.
The way forward also lies in states adopting, ratifying and codifying in national laws the various conventions and protocols on the law of armed conflict, and assuring its implementation on the ground. Just as national governments have the primary responsibility to assure the safety and protection of their civilians, national courts also have a clear obligation to bring to court those accused of grave breaches of IHL and national laws based upon it.
Mr President,
The fight against impunity and ensuring accountability for genocide, crimes against humanity, war crimes and other egregious crimes, has been strengthened through the work on and prosecution of these crimes in the international criminal justice system, ad hoc and mixed tribunals as well as specialized chambers in national tribunals.
The Council is also increasingly recognizing the contribution of national justice systems to fight against impunity for serious violations of international humanitarian law and human rights law. The importance of strengthening national accountability mechanisms with full respect for due process and the rights of the defence, including building investigative, prosecutorial and witness protection capacities in post-conflict countries, should be recognised and nurtured.
Mr President,
The evolution of global threats to international peace and security has seen significant innovation in the design and application of UN sanctions. The rationale for sanctions has expanded to include the protection of civilians and prevention of human rights atrocities, thwarting the development of unconventional arms and their delivery systems, and financing conflict through exploitation of natural resources or criminal activities.
As the focus of UN sanctions has narrowed to target specific goods or services, as well as specific individuals and entities, we should ensure that UN sanctions are reconciled with the rule of law, in particular, respect for due process and human rights.
Mr President,
The inextricable link between the promotion of justice and the attainment of a peaceful world are inherent in the building blocks of the United Nations. The establishment of the International Court of Justice as a principal organ of the United Nations reflects the recognition of the link.
We continue to encourage the Council to make better use of the International Court of Justice (ICJ), the principal judicial organ of the United Nations. By making requests for advisory opinions when confronted with complex legal questions, it would confirm that, notwithstanding the primary role of the Security Council in the maintenance of international peace and security, the Council operates within the framework of international law in all its actions.
The Security Council can play a role in the promotion of the rule of law by regularly requesting advisory opinions from the ICJ. We are pleased that the General Assembly has been ready to utilise this prerogative to request advisory opinions and we encourage the Security Council to follow suit when faced with questions of legal complexity.
The Security Council has an important role in the enforcement of decisions of the Court in accordance with Article 94. We believe that this responsibility applies equally, though differently, in respect of the implementation of advisory opinions. While advisory opinions of the ICJ are not binding, they are not without legal consequence and failure to comply indicates a violation of whatever rule/law the Court may have been deemed to be at issue.
Finally Mr President,
My delegation wishes to reaffirm the importance of partnership and cooperation between the Council and regional and sub-regional organisations in accordance with Chapter VIII, in supporting conflict prevention and peacebuilding activities, as well as forging greater regional and national ownership.
I thank you.
Rev. Thursday, 26-Jul-2018 11:31 AM