In Focus /
The Security Council debates the rule of law
On 29 June, 2010, the Security Council under the Presidency of Mexico held an open thematic debate on the promotion and strengthening of the rule of law in the maintenance of peace and security.
The United Nations Security Council (“Council”) held an open thematic debate on the promotion and strengthening of the rule of law in the maintenance of peace and security on the 29 June, 2010 under the Presidency of Mexico. The debate followed Council debates on the subject in 2006, 2004, and 2003, and was based on the concept note (S/2010/322) outlining three main topics: the promotion of the rule of law in conflict and post-conflict situations; international justice and the peaceful settlement of disputes, and the efficiency and credibility of sanctions.
The debate was chaired by Ambassador Juan Manuel Gómez-Robledo, Undersecretary for Multilateral Affairs and Human Rights in the Ministry of Foreign Affairs. In her opening remarks, Deputy Secretary-General Asha-Rose Migiro emphasised that the Council should place the rule of law at the centre of its response to new and emerging threats to international peace and security. Thus, strengthening national laws, security and justice systems in a sustainable and nationally-owned manner is vital. Noting the special role of the International Court of Justice in the peaceful settlement of disputes before intractable conflict and post-conflict situations arise, she stated that strengthening the relationship between the Council and the Court will fortify the rule of law. As a prevention tool, the UN should prioritize security, access to justice and legal protection for all to make it more likely that disputes within society are resolved through legal, rather than violent, means.
Patricia O’Brien, Under-Secretary-General for Legal Affairs, highlighted that any discussion on the rule of law at the international level should address the ongoing issue of Council sanctions regimes, and it is critical that sanctions be adopted in accordance with international law, consistent with the objectives enshrined in the Charter. The establishment of an Office of the Ombudsperson is an important step by the Council towards ensuring fair and clear procedures for individuals and entities listed by the various Council committees monitoring UN sanctions. Further, she stated that as international justice has evolved and the International Criminal Court has become operational, the primary role of national jurisdictions in the prosecution of crimes has been thrown into greater relief. She emphasised that the principle of complementarity is the bedrock of international criminal justice.
All current Council members participated in the open debate: Bosnia and Herzegovina, Uganda, Nigeria, France, Brazil, Austria, the United Kingdom, Lebanon, China, the Russian Federation, Japan, the United States, Turkey, Gabon and Mexican Presidency. Statements were also made by Denmark, the Republic of Korea, Finland, Italy, Liechtenstein, Australia, Switzerland, Argentina, Norway, Guatemala, Peru, South Africa, Germany, the Solomon Islands, Botswana, Azerbaijan, Armenia, Canada and the European Union.
The Mexican Presidency of the Council issued a Presidential Statement on behalf of the Security Council (S/PRST/2010/11), reiterating its call upon Member States to settle their disputes by peaceful means as set forth in Chapter VI of the Charter of the UN. It reaffirmed the Council’s strong opposition to impunity for serious violations of international humanitarian law and human rights law and expressed the Council’s commitment to ensure that all UN efforts to restore peace and security themselves respect and promote the rule of law.
The Statement welcomed the establishment of the Rule of Law Coordination and Resource Group, chaired by the Deputy Secretary-General and supported by the Rule of Law Unit, and urges greater efforts by the Group to ensure a coordinated and coherent response by the UN system to issues on the Council’s agenda related to the rule of law. It requests the Secretary-General to provide a follow-up report within 12 months to take stock of the progress made in respect to the implementation of the recommendations contained in the 2004 Report of the Secretary-General (S/2004/616).