UN: EU Statement on The Rule of Law at the National and International Levels
UN 61st Session; VI Committee, Agenda Item 80: The Rule of Law at the National and International Levels,
New York, 16 October 2006
Statement by Ms. Anna Sotaniemi, Legal Adviser, Permanent Mission of Finland to the United Nations, on behalf of the European Union
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Mr. Chairman,
I have the honour to speak on behalf of the European Union.
The Acceding Countries Bulgaria and Romania, the Candidate Countries Turkey, Croatia* and the former Yugoslav Republic of Macedonia*, the countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Serbia, and the EFTA countries Iceland and Norway, members of the European Economic Area, as well as Ukraine and the Republic of Moldova align themselves with this declaration.
* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.
Let me first warmly commend you and your delegation, Mr. Chairman, and the delegation of Liechtenstein for initiating this timely and pertinent agenda item on the rule of law. It is, indeed, high time for the General Assembly to discuss this topic. The European Union fully endorses the inclusion of the rule of law at the national and international levels on the agenda of the VI Committee. We consider it important to discuss both aspects of the rule of law and look forward to a fruitful and lively debate. We would also like to thank the Members of the Bureau of the Committee for their non-paper, the purpose of which is to focus our deliberations. The guidance is particularly welcome in view of the broad nature of the subject-matter.
Mr. Chairman,
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". In particular, the rule of law becomes manifest in treaties and customary international law as applied and interpreted by international courts, especially the ICJ.
In the field of international criminal law, the establishment of the ICTY, the ICTR, the Special Court for Sierra Leone and the ICC has substantially contributed to the strengthening of the international rule of law by removing impunity for individuals accused of committing the most serious crimes. The establishment of an international judicial system is essential, as it promotes the development of accountability both at the State and individual levels.
The European Union is deeply committed to upholding and developing an international order based on international law, including human rights law and the rule of law with the United Nations at its core. We believe that international law and the rule of law are the foundations of the international system. Clear and foreseeable rules, respect for and adherence to the rules, and an effective multilateral system to prevent or sanction violations of the rules are preconditions for lasting international peace and security. In our view, it is imperative that we all –Member States, the United Nations, as well as regional and sub-regional organisations– join our efforts to strengthen the rule of law in all its dimensions, i.e. at the national, international and institutional levels.
Mr. Chairman,
What holds true for the multilateral system also holds true in many ways for the situation at the national level. Peace, democracy, good governance and sustainable development are not possible without respect for the rule of law. The principle of legality, the balanced separation of powers, the respect for international law including human rights, as well as access to justice for all are at the core of the rule of law at the national level.
Conflict and post-conflict situations pose an additional challenge to the rule of law. During times when the need for justice is greatest, the structures for its deliverance may have collapsed or lost their legitimacy.
The World Summit Outcome Document of September 2005 is an important step forward in the sense that it recognises a nexus between peace and security, development and the rule of law, in particular, respect for human rights. The rule of law is a cross-cutting theme throughout the entire Document. The European Union is committed to the implementation of the Summit Outcome and looks forward to input from the Secretary-General in this regard.
Mr. Chairman,
Treaties, –together with customary international law–, are the core sources of international law. Over the years, the VI Committee and the International Law Commission have played an important role in the codification and progressive development of international law. The annual debate on the report of the Commission in the VI Committee is an important tool for the Member States to guide the Commission in its work and to provide it with valuable feedback. The Commission works at its best when it operates not in isolation but in a process of mutually beneficial interaction with the Member States and other international actors, including other bodies of the UN system.
The EU invites the Bureau and the Secretariat to explore ways to reinforce the interaction and the connection between the Commission and the VI Committee. In this respect, the European Union welcomes the initiative launched by Austria and Sweden to revitalise the work of the VI Committee by organising the informal inter-active debates, panel discussions and question and answer time over the past few years. In particular, the EU encourages the Bureau and the Secretariat to establish informal inter-active debates with the ILC Members as a regular event during the annual international law week and to explore the possibility of other informal meetings between the Member States and the ILC outside that week.
Mr. Chairman,
The European Union welcomes the discussion on how to increase the adoption, ratification and implementation of treaties. It is a sensible starting point for the exploration of the concept of the international rule of law. The European Union is also currently discussing possible ways to promote the international rule of law internally, in particular through promoting the ratification and implementation of core treaties.
Treaties remain without adequate practical relevance if not widely ratified and properly incorporated into national legal systems. The principle of supremacy of international obligations over those of national laws is well established. We may also recall the general principle of treaty law, codified in Article 27 of the Vienna Convention on the Law of Treaties, that a party to a treaty may not invoke the provisions of its domestic law as justification for failure to perform its treaty obligations. This principle is particularly important for the integrity of treaties, as are the principles in the Vienna Convention on the Law of Treaties concerning reservations to treaties. The current work of the ILC regarding the legal effects of reservations and objections is important in this context, and the European Union looks forward to further debate during the international law week.
The Secretary-General is a "custodian" of many treaties through his functions as Depositary. The European Union welcomes the active role of the Secretary-General in promoting the ratification and implementation of treaties through the organisation of annual Treaty Events. These Events could be further developed by organising presentations and discussions on best practices and lessons learned regarding the implementation of the key treaties under a specific theme each year. The expertise and experience of the OLA and the various treaty bodies and other organs, including for example the UNODC, UNESCO, ILO and HCHR could be utilised. The European Union, for its part, provides assistance to States on the ratification and implementation of the Rome Statute of the International Criminal Court.
Mr. Chairman,
The United Nations through its various organs, plays a pivotal role in promoting the rule of law. The European Union welcomed the open debate in June in the Security Council under the Danish Presidency on strengthening international law which, amongst other things, highlighted the critical role of the International Court of Justice as the principal judicial organ of the organisation, in the context of maintaining and restoring international peace and security. The obligation of states to settle their disputes through peaceful means lies at the heart of the international legal order. In this context, the European Union recalls the recommendation in the Summit Outcome Document that States that have not yet done so consider accepting the jurisdiction of the Court in accordance with its Statute.
The European Union values the opportunities offered within the UN to follow the work of the International Court of Justice and other judicial bodies for the settlement of disputes. A positive example is the long-standing practice of the President of the ICJ visiting the VI Committee during the international law week. The EU is also looking forward to the first informal meeting of the VI Committee with the President of the ITLOS.
Mr. Chairman,
The United Nations is also well placed to assist States in enhancing and strengthening their national rule of law capacity. This is particularly called for in conflict and post-conflict situations. The European Union welcomes the establishment of the Peacebuilding Commission and the initiatives of the Security Council, but holds the view that these situations also merit consideration in the General Assembly.
The report of the Secretary-General of August 2004 on "The Rule of law and transitional justice in conflict and post-conflict situations" (S/2004/616) was an important milestone which gave the UN a chance to consider the lessons learned in this area and, perhaps even more importantly, to reflect upon what should be done in the future.
As highlighted in the open debate on that report in the Security Council in October 2004 under the UK Presidency, the rule of law is a key component of long-term security and justice sector reform. The absence of the rule of law – whether manifested in impunity or lawlessness – undermines public confidence, obstructs development, facilitates organised crime and terrorism and lead to a return to conflict. The European Union has noted with satisfaction the rule of law mandates of new peacekeeping and peacebuilding missions. In particular, progress has been made on transitional justice, with many missions now supporting vetting, truth commissions and prosecutions, and encouraging greater local consultation and ownership.
Mr. Chairman,
The European Union expresses its great disappointment that two years after the publication of that report, and following the much praised address by the Secretary-General to the General Assembly in September 2004, in which he announced the rule of law to be a priority for the rest of his term, there has not been any follow-up to the report. The European Union is especially concerned that adequate resources are secured for the post-conflict rule of law activities with a view to enable the UN to better cope with increasing demands in this field. The European Union reiterates its call, once again, for the UN Secretariat to live up to the request by the Security Council, made again in June this year, to follow-up on the proposals in the report.
Further, the European Union strongly urges the Secretary-General to follow-up on his intention, which was endorsed by the Heads of State and Government at the World Summit 2005, to create a dedicated Rule of Law Assistance Unit in the Secretariat. The Unit is a necessity to coordinate the UN's rule of law work, which is divided among numerous departments and agencies within the UN system. The establishment of the Unit would support the development of common policies and comprehensive strategies and allow for the accumulation of institutional memory, best practices and lessons learned.
In view of the variety of rule of law activities by the United Nations and its organs, bodies, departments, funds and programs, the Unit should have a broad mandate. Its mandate should include the coordination and streamlining of all rule of law activities of the United Nations, the facilitation of technical assistance, recommendations to strengthen the rule of law and cooperation with other organizations, funds and programs active in this field. Within UN missions, the maximum cooperation between all units critical to the rule of law also needs to be secured. This is particularly important with the view to an early start of the process of rebuilding the domestic justice system.
We believe that the Unit should be established at an adequately high level in the Secretariat in order to effectively coordinate among the various departments, funds and programs of the UN system, taking into account the central role and function of the OLA in this field to advise the United Nations on substantive legal matters. We are convinced that the creation of a rule of law assistance unit as outlined above would be the best way to implement the World Summit Outcome and increase the visibility of the determination of the United Nations to make the strengthening of the rule of law a priority of the organization.
Finally Mr. Chairman,
The European Union supports the suggestion to annually choose a meaningful and manageable sub-topic that the VI Committee could devote particular attention to. However, when choosing a topic we should avoid duplication of discussions which are already held elsewhere at the UN. The EU also supports the proposal to request a limited, well-targeted and subject-related report from the Secretary-General to serve as a basis for the annual debate. In this regard, we welcome the approach taken in the non-paper by the Members of the Bureau which already contains a number of issues that could be taken up at some point in the future. We look forward to discussions on a suitable topic for next year which, in our mind, would best be designated by way of a resolution.
I thank you.