DECADE OF INTERNATIONAL LAW SHOULD INCREASE GLOBAL COOPERATION, ENHANCE RULE OF LAW, INDONESIA TELLS SIXTH COMMITTEE
Press Release
GA/L/2890
DECADE OF INTERNATIONAL LAW SHOULD INCREASE GLOBAL COOPERATION, ENHANCE RULE OF LAW, INDONESIA TELLS SIXTH COMMITTEE
19951115 The United Nations Decade of International Law (1990-1999) should enhance the rule of law, increase international cooperation, and open up new vistas for a peaceful and stable international society, the representative of Indonesia told the Sixth Committee (Legal) today.He encouraged further legal codification in the areas of disarmament, ensuring respect for sovereign rights, the peaceful settlement of regional conflicts and the protection of human rights -- particularly their economic dimensions.
The representative of Sri Lanka said that major problems the international community faced today were often due not to the lack of international laws, but to the inadequacy of implementation mechanisms. Commenting on a Russian Federation proposal for a third The Hague Peace Conference in 1999, she urged that issues to be addressed be clearly identified.
The representative of South Africa said that his country's first democratic Constitution, adopted in 1993, had made express provision for the status of international law in the South African legal system. That democratic Constitution had provided that agreements entered into by the previous Government would continue binding.
The observer of the International Committee of the Red Cross said that his organization had established a system of consultative services to spreading knowledge of international humanitarian law. They were also preparing a report on humanitarian law applicable in armed conflicts, and guidelines for military manuals.
When the Sixth Committee (Legal) meets at 10 a.m. tomorrow, 16 November, it will continue its consideration of the Decade of International Law.
Committee Work Programme
The Sixth Committee (Legal) met this morning to continue its consideration of issues relating to the United Nations Decade of International Law (1990-1999). It had before it a report of the Secretary-General on the Decade (document A/50/368 and Add.1 and 2). The Decade was declared by General Assembly resolution 44/23 of 17 November 1989. Its purposes are to promote the principles of international law and methods for the peaceful settlement of inter-State disputes; encourage the progressive development and codification of international law; and encourage the teaching, study, dissemination and wider appreciation of international law. (For background, see Press Release GA/L/2889, of 14 November.)
Statements
NELUM MAYADUNNE (Sri Lanka) said that major problems the international community faced today were often due not to the lack of international laws, but in part to the failure to recognize the existence or applicability of laws and the inadequacy of implementation mechanisms.
She fully supported the fostering of universal respect for the norms and principles of international law and said that numerous initiatives to that effect had been taken by her Government and by the non-governmental organizations sector. Sri Lanka had established the Bandaranaike Centre for International Studies, a diplomatic training institute and a centre for human rights in the University of Colombo.
The most important objective of the Decade was the promotion of means and methods for the peaceful settlement of disputes, she continued. In that connection, she welcomed the activities being undertaken within the Permanent Court of Arbitration. The Decade provided an opportunity for all States to review existing mechanisms for preventing, settling or adjudicating disputes, as well as the applicable rules of international law.
The increasing number of cases before the International Court of Justice was an indication of the esteem with which it was currently held, she said. The establishment of ad-hoc tribunals for Yugoslavia and Rwanda and the steps towards the establishment of an international criminal court seemed indicative of a growing belief in the role of international law in reducing the incidence of serious criminal behaviour.
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As many of the disputes which States had to deal with involved contractual and other arrangements with private parties or intergovernmental organizations, greater use should be made of alternative third party dispute settlement mechanisms.
She said The Hague Conventions of 1899 and 1907 had been the inspiration of the United Nations Decade of International Law. If agreement was eventually reached on the holding of the third international peace conference at the end of the Decade, it was essential that steps were taken to identify the issues to be addressed and possible ways of dealing with them.
THEMBA THABETHE (South Africa) said that the refusal of the international community to accept the apartheid government's violations of international law had given an impetus to the elimination of that system. South Africa's first democratic Constitution, adopted in 1993, had made express provision for the status of international law in the South African legal system. Demonstration of South Africa's respect for international law could be found in its adherence to numerous international treaties. The democratic Constitution had provided that agreements entered into by the previous government would continue binding. His Government had also signed bilateral and multilateral treaties aimed at the regional level.
South Africa had made known its support for the early establishment of an international criminal court, he said. As an active participant in non- proliferation regimes and suppliers groups, South Africa had supported the non-proliferation of weapons of mass destruction. His Government had also sought to ensure that weapons-control mechanisms were not used as a means whereby developing countries were denied access to the advanced technologies they required.
South African universities were actively taking part in programmes aimed at promoting international law, he said. This year, a team from the University of the Witwaterstrand had participated in the International Model United Nations in New York. An all-African moot court competition had been hosted by the Center for Human Rights attached to the University of Pretoria. A number of courses, conferences and seminars specifically aimed at legal practitioners had been convened with the purpose of providing training in international law. During September 1995 the South African Department of Justice hosted a meeting of government experts to discuss a draft text of a Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights.
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HAMID ALHADAD (Indonesia) said that the United Nations Decade of International Law had been proclaimed on the initiative of the non-aligned countries. There was clearly a need to strengthen and enhance the rule of law against the backdrop of notable changes on the global political landscape. International cooperation based on the mutual recognition of equal rights and obligations was opening up new vistas for a peaceful and stable international society.
Sustained efforts should be made to promote the codification of law in the area of disarmament, ensuring respect for sovereign rights, the peaceful settlement of regional conflicts and the protection of human rights -- particularly their economic dimensions. The United Nations was the principal instrument through which conflicts could be peacefully resolved.
A primary goal of the Decade should be the securing of effective methods of enforcement. It was imperative to enhance respect for the application and the obligations of international legal precepts. Indonesia noted with appreciation the convening of the United nations Congress on Public International Law, held in March 1995.
The dissemination of legal norms facilitated the participation of developing countries in multilateral treaty-making, he said. Indonesia appreciated the work of the International Committee of the Red Cross (ICRC) in promoting international humanitarian law, especially its efforts in disseminating information in that field.
ANTOINE BOUVIER, an Observer of the International Committee of the Red Cross, said the ICRC had always supported the aims of the Decade of International Law. Unfortunately, many areas of the world were still theatres of armed conflicts. To assist the victims of war, urgent operational activities were indispensable. The ICRC had a specific mandate to that effect.
In accordance with General Assembly resolution 49/50, the ICRC had communicated to the Secretary-General some information that could be found in his report before the Committee. Also, during the previous session of the Assembly, the ICRC had brought to the attention of the delegates some measures taken following an international conference on war victims, held in Geneva in 1993. A meeting of intergovernmental experts to strengthen the authority of international humanitarian law was held in January 1995 in order to elaborate specific and realistic measures to combat the effects of armed conflicts.
To spread knowledge of humanitarian international law, the ICRC had just established a system of consultative services. The ICRC had also been invited to prepare a report on customary rules of international humanitarian law applicable in international and non-international armed conflicts. The Red
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ross had prepared the guidelines for military manuals and instructions on the protection of the environment in times of armed conflict. By the terms of resolution 49/50, all States were invited to disseminate those guidelines and to incorporate them into their military manuals.
In a few days, the twenty-sixth International Conference of the Red Cross and Red Crescent would start in Geneva, he continued. It would focus on the major humanitarian problems of the world. The results of the work of the conference would be reflected in the future work of the Decade.
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