`RENAISSANCE' OF INTERNATIONAL LAW NEEDED TO TRANSFORM WORLD SCENE SAYS SECRETARY-GENERAL IN ADDRESS AT CARLETON UNIVERSITY
Press Release
SG/SM/5819/Rev.1*
`RENAISSANCE' OF INTERNATIONAL LAW NEEDED TO TRANSFORM WORLD SCENE SAYS SECRETARY-GENERAL IN ADDRESS AT CARLETON UNIVERSITY
19951122 Following is the address of Secretary-General Boutros Boutros-Ghali delivered following bestowal of an honourary Doctor of Laws degree from Carleton University, Ottawa, Canada, on 22 November:I am grateful for the honourary Doctor of Laws, which Carleton University has conferred on me today. The founders of the United Nations recognized the special importance of international law to the world Organization. They placed the principle that international relations must be based on the rule of law at the heart of the United Nations Charter.
Throughout the confrontation of the cold war, international law provided a means of common progress and a common language for international dialogue. Transcending political, ideological, and cultural divisions, international law provided a way to develop shared norms and common standards. The community of nations has entered a new era. The international system that supported us in the past has yet to be replaced. We are in the process of building a new international system, and we are doing so under unprecedented conditions. A renaissance of international law is needed to help transform the world scene in this new era that all States have entered.
International law is a great achievement. We must recognize, and build upon the legal foundations for international action. The notion that individual human rights can be protected by the international community is one of the great practical and intellectual achievements of international law. Even before the development of the modern concept of "human rights", the humanitarian aspect of international law established the presence of the individual in international law, and as a subject of international relations. We must not take this achievement for granted.
The basic instruments of international humanitarian law include The Hague Rules, the four 1949 Geneva Conventions, the 1977 Additional Protocols, and a large body of customary international law. Important human rights
* Revised to incorporate translations from the French parts of the address.
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conventions have been agreed to. Included among these are the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and important conventions regarding the elimination of all forms of discrimination based on race, sex, or religious beliefs.
Indeed, it is essential that the international community should today have at its disposal reliable, credible and efficient judicial institutions.
The United Nations has long been at work on the codification and progressive development of international law. However, such normative action is meaningless unless it is complemented and strengthened by consistent jurisdictional activity.
For it is not enough to elaborate rules. Such rules must also be applied. It must be admitted that, all too often, basic rules of international law are systematically violated. This situation is inadmissible and unacceptable and must be redressed as a matter of urgency.
Measures to this end are already being taken. Thus, on the basis of Chapter VII of the Charter, international war crimes tribunals have recently been established for the purpose of prosecuting persons suspected of genocide and other human rights violations in the former Yugoslavia and Rwanda.
These tribunals will be empowered to prosecute not only persons who committed such crimes, but also all those who instigated them and took part in their preparation. This represents, in my opinion, considerable progress in both the theory and practice of international law.
The provisions of Chapter VII of the Charter permit the Security Council to take coercive measures, when necessary, against a State that refuses to comply with requests made by the Tribunal.
Moreover, in 1993 the General Assembly created the post of United Nations High Commissioner for Human Rights with a view to promoting all the normative rules that have been developed to protect the rights of the human person. Recently, special human rights missions to Rwanda and Burundi have confirmed the international community's determination in this area.
However, we must go further. For we all know that certain States that publicly praise the rules of international law are the first to refuse to submit their disputes to the International Court of Justice. And others do not hesitate to defy openly the Court's decisions by refusing to carry them out.
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It cannot be repeated too often that international law must not be applied selectively! It must be constantly emphasized that States are obliged to conform to the international norms that they wish others to apply. More than ever, it must be reaffirmed that all States must accept the International Court of Justice as the principal means of settling international disputes!
In the ancient world law came from the law-giver. Solon set down the law of Athens. The law was supposed never to change. Indeed, Solon went into exile so that citizens could not ask him to change the law. In the medieval world, law came from the clergy and was drawn from the divine order. Fundamental law was not to be changed. In the modern era, the foundations of all systems of thought, including law, have come into question. In our era, change is the only constant factor.
Through international law, humanity has an essential mechanism for promoting mutual respect among nations and peoples. It has a clear analytical framework for approaching problems of mutual concern. It has a powerful basis for multilateral action. For the United Nations, international law is a clear and compelling priority. International law must become a true code of conduct for peoples and States. Only then will the peoples of the world have a secure basis for cooperation. Only then will we have built a lasting foundation for peace, for development and for enduring human progress.
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