GENERAL ASSEMBLY REVIEWS ACHIEVEMENTS OF DECADE ON INTERNATIONAL LAW; SPEAKERS URGE CONTINUED COMMITMENT TO DECADE"S OBJECTIVES

Press Release
GA/9658

GENERAL ASSEMBLY REVIEWS ACHIEVEMENTS OF DECADE ON INTERNATIONAL LAW; SPEAKERS URGE CONTINUED COMMITMENT TO DECADE’S OBJECTIVES

Last year’s adoption of the Rome Statute establishing the long- sought International Criminal Court was widely hailed this morning as one of the greatest achievements of the past 10 years, as the General Assembly began to mark the end of the United Nations Decade of International Law.

The Secretary-General, in a statement delivered by United Nations Legal Counsel Hans Corell, drew attention to the many major conventions adopted during the Decade, citing the Rome Statute as one of the most significant. The achievements of the Decade notwithstanding, there was little reason for euphoria given the current state of international affairs, he said. The international community must unite in confronting systematic threats to civilian populations; as the Decade came to an end, it was clear that the role to be played by international law was greater than ever. (For a full text of the Secretary-General’s statement, see Press Release/7222).

The aim of the Decade (1990 to 1999) was to promote respect for the principles of international law, as well as the peaceful settlement of disputes between States, including resort to and full respect for the International Court of Justice. It also aimed to encourage the progressive development, codification, teaching, study and wider appreciation of international law. During the Decade, more than 70 legal instruments were concluded under the auspices of the United Nations. In addition to the treaty establishing the International Criminal Court, notable treaties concluded during the Decade include the Comprehensive Test Ban Treaty, the Ottawa Convention on Landmines and a host of environmental agreements adopted in the wake of the United Nations Conference on Environment and Development (UNCED) (1992). A text on safety of United Nations personnel, and several anti-terrorism conventions, as well as numerous treaties on issues of trade and maritime law, are also listed among the Decade’s achievements.

Despite those advances, there were still gaps in international law, the representative of the Netherlands told the Assembly. He was one of several speakers who urged that the regulation of small arms be dealt with as a matter of priority. He also called for further

General Assembly Plenary - 1a - Press Release GA/9658 54th Meeting (AM) 17 November 1999

codification with respect to humanitarian intervention noting current problems arising from the conflicting imperatives of the obligation to respect territorial integrity and political independence and the need to protect and promote human rights.

Speakers also cited the increased caseload of the International Court of Justice as a sign of progress made in promoting the rule of international law. The representative of Finland, speaking on behalf of the European Union and associated States, said the Court's heavy caseload attested to States’ increased confidence in its work. She was also among those who cited the contributions of the International Tribunal for the Law of the Sea and the Permanent Court of Arbitration to the enforcement of international law.

Speakers also noted that the closing of the Decade coincided with the centennial of the first International Peace Conference, held at The Hague in 1899 in response to an invitation issued to nations by Czar Nicholas II of Russia. That gathering, cited this morning by the Republic of Korea as having “ushered in the age of multilateral diplomacy”, sought to develop international laws to deal with disarmament, the prevention of war and the peaceful settlement of disputes. To commemorate the centennial, the Netherlands and the Russian Federation hosted celebrations at the Hague and in St. Petersburg this year. Attention was drawn by speakers to expert reports emanating from those events.

The President of the Assembly, who also addressed the Assembly, said that solving global problems and facing emerging challenges was hardly possible without effective legal regulation on a global scale. As the world moved towards the twenty-first century, there was a need for a system-wide expert analysis and elaboration of appropriate legal concepts and principles, which should be followed up with institutional mechanisms. (For a full text of the Presidents remarks, See Press Release GA/SM/127, issued today.)

Speaking this morning were the representatives of the Netherlands, Finland (on behalf of the European Union), Croatia, Russian Federation, Republic of Korea, Japan, Yemen, Sudan (on behalf of the African Group), Cameroon, South Africa (on behalf of the Non-Aligned countries), Mexico (on behalf of the Rio Group) and Cuba.

The Assembly will meet again at 3 p.m. today to continue its observance of the closing of the Decade.

Assembly Work Programme

The General Assembly met this morning to mark the end of the United Nations Decade of International Law, declared by the General Assembly in November 1989 in resolution 44/23. Its main objectives have been to promote acceptance of and respect for the principles of international law, as well as the peaceful settlement of disputes between States, including resort to and full respect for the International Court of Justice, and to encourage the progressive development, codification, teaching, study and a wider appreciation of international law.

The Assembly had before it a report of the Secretary General (document A/54/362), a letter from the Netherlands and Russian Federation addressed to the Secretary General (document A/54/381) and the report of the Sixth Committee (Legal) on the Decade (document A/54/609), which contains two draft resolutions.

Report of Secretary-General

The report of the Secretary-General conveys responses to the General Assembly‘s invitation to States and organizations to submit information on their activities in the area of international law. Eight States –- Cook Islands, Cyprus, Estonia, Finland, Jamaica, Portugal, Singapore and the United Kingdom -- and a number of United Nations bodies, inter-governmental and non-governmental organizations –- are among those who responded.

The report also contains information on the Organization’s recent activities relevant to the progressive development of international law and its codification as it relates to human rights, disarmament, outer space, economic development, international trade, crime prevention, the environment and the law of sea. A list of major international conventions adopted under the auspices of the United Nations during the Decade is annexed to the report. An addendum to the report (document A/54/362/Add.1) includes information received from Argentina, the International Criminal Police Organization (ICPO-Interpol) and the Permanent Court of Arbitration.

Letter from Netherlands and Russian Federation

The letter submitted by the Netherlands and Russia gives a report on the outcome of the celebrations of the centennial of the First International Peace Conference, which was convened in the Hague in 1899, on an initiative of Czar Nickolas!! Due to their historical connection to the first Peace Conference, those two countries served as co-hosts of the centennial celebrations. Expert reports were prepared on each of the three Centennial themes: disarmament questions, humanitarian law and laws of war, and peaceful settlement of disputes. Those papers served as the basis for discussions by experts. The report gives brief conclusions from the expert discussions and provides a list of Centennial reports, comments and speeches that have been posted on the Internet.

Report of the Sixth Committee

The report of the Sixth Committee outlines its consideration of its agenda item on the Decade, and recommends to the General Assembly that it adopt Draft Resolution I (on the Centennial) and Draft Resolution II (on the Decade).

By the terms of Draft Resolution I, sponsored by the Netherlands and the Russian Federation, the General Assembly would recall that the Centennial coincides with the closing of the Decade, and could be considered the Third International Peace Conference -- the second was held in 1907.

By the text, the Assembly would take note of the reports of the Netherlands and the Russian Federation, as co-hosts of the centennial Conference, which was observed at The Hague and St. Petersburg. The reports cover the outcome of the discussions, which centred on the themes of development of international law relating to disarmament and arms control, humanitarian law and laws of war, and peaceful settlement of disputes. The Assembly would direct the attention of States and organizations to them.

By Draft Resolution II, on the Decade of International Law, the Assembly would acknowledge that the Decade had made a significant contribution to the strengthening of the rule of international law and would reaffirm the continued validity of its main objectives. It would urge States and international organizations, particularly depositories, to continue to provide the Secretariat with copies of treaties for registration, including wherever possible their translations in English and French.

The Secretary-General would be asked to continue developing the United Nations Treaty Section’s electronic database to provide Member States expeditiously with a wider range of easily accessible, treaty-related information. He would also be asked to keep up-to-date lists, available on the Internet, of the multilateral treaties deposited with him, in all official languages and to implement vigorously the plan to eliminate the backlog in the publication and translation of the United Nations Treaty Series.

Appreciation would be expressed to the Office of Legal Affairs for the establishment during the Decade of various Internet web-sites and the United Nations Audiovisual Library in International Law. The Assembly would also note key publications issued by the Office, including a forthcoming publication on international instruments related to the prevention and suppression of international terrorism.

By other terms of the draft text, States would be asked to identify areas of international law that might be ripe for progressive development or codification, and to promote discussion on them in the competent forums.

The General Assembly would welcome achievements during the Decade in the codification and progressive development of international law, and call on States to become parties to the multilateral treaties adopted during the Decade. It would further invite States and international organizations to continue to encourage the publication of materials and convening of meetings aimed at promoting a wider appreciation of international law, and to encourage educational institutions to offer more courses in international law.

THEO-BEN GURIRAB (Namibia), President of the General Assembly, said that concrete recommendations for future action in the area of international law were expected from today's meeting. The Organization had been, and continued to be unique and indispensable to the survival of humankind, development and progress. That role, however, was unattainable without proper international regulation and management by the established legal bodies. Undoubtedly the most significant achievement to date had been the adoption of the 1998 Rome Statute of the International Criminal Court. The task of developing and codifying international law must continue unabated, even if it required adjustment from time to time in light of the realities of modern life.

He said solving global problems or facing emerging challenges was hardly possible without effective legal regulation on a global scale. That was why important legal bodies such as the Sixth Committee, the International Law Commission, and the United Nations Commission on International Trade Law (UNCITRAL), needed further strengthening. As the world moved towards the twenty- first century, there was also need for a system-wide expert analysis, modification and elaboration of legal concepts and principles, as well as, their accompanying normative and institutional mechanisms. The involvement of youth -- the future world leaders -- in the efforts to publicize the importance of the rule of law should not be taken lightly. Good citizenship, cooperation and devotion to justice were among the noble ideals that the rule of law was expected to promote in society.

In the next decade, "let our beloved children everywhere in the world, at last, find peace of mind, protection from crime, abuse and forced soldiering, and proceed to fulfill all their wonderful dreams", he said. "You must make the rule of law weighty, just and unrelenting for their sake and future". (For the full text of the President's remarks, see Press Release GA/SM/127, issued today.)

Statement of Secretary-General

HANS CORELL, Under Secretary-General for Legal Affairs and United Nations Legal Counsel, speaking on behalf of the Secretary-General, said that the most important achievement of the decade was perhaps the adoption of the Rome Statute of the International Criminal Court. The establishment of that body would constitute a giant step in the development of an effective system to enforce international law and combat the most heinous crimes known to humankind.

He said an important and fitting contribution to the closing of the Decade was provided by the centennial celebrations of the First International Peace Conference. The results of those discussions had significantly advanced the themes of the Conference and helped energize a vital global debate on the role of the United Nations in preventing conflict and halting gross and systematic violations of human rights. The discussions had also underscored the need for a more determined approach to preventive measures in order to achieve the necessary degree of stability in the international legal order.

He said that despite the achievements of the Decade, there was little reason for euphoria. Unsolved global problems still persisted, posing major challenges to the international community. International law had a major part to play in meeting those challenges. Given the proliferation of intra-State and other volatile ethnic conflicts, the international community must unite in confronting systematic threats to civilian populations. The active involvement of non- governmental organizations (NGOs) and various segments of the legal profession in the Decade’s activities had highlighted their growing role in promoting a "culture of peace".

He said the rule of law was not an end in itself. Its purpose was to serve the needs of everyone through the effective functioning of a universal legal regime. As the Decade came to an end, it was clear that the role of international law was greater than ever. While regulating relations between States, it must also serve as the ultimate defense of the weakest and the most vulnerable individuals within States against violence and tyranny. (For a complete text of the Secretary- General’s remarks, see Press Release SG/SM/7222, issued today.)

HANS VAN MIERLO (Netherlands) said that the Decade of International Law had opened up avenues that previously could never have been successfully pursued. Its main achievement lay in the overcoming of a critical barrier that international law had always been up against -- namely, lack of compliance. It was now more possible to hold parties to their commitments. He referred in particular, to international criminal law. The Tribunals of Yugoslavia and Rwanda were abuzz with prosecutorial and judicial action; moreover, as little as two years from now, 60 ratifications would establish the International Criminal Court. No longer could perpetrators of unspeakable atrocities expect to get away with them.

However, he said, despite those achievements, there were still gaps in international law. The issue of small arms was a matter of great concern; their regulation should be dealt with as a matter of priority. On humanitarian intervention, he said there were two conflicting imperatives -- the obligation to respect territorial integrity and political independence, and the need to universally protect and promote human rights. The decision-making process in the Security Council often failed to offer a solution to that conflict of principles in that context, the question of the right of veto could not be ignored. Sovereignty had been the cornerstone of international relations for at least 500 years, the Universal Declaration of Human Rights had been adopted more than 50 years ago, and 20 years ago, the General Assembly had stipulated that large scale violations of those rights were a legitimate concern of the international community. If the Security Council were to remain credible in striving for a better world, the debate now underway would have to be carried to its logical conclusion.

MARJATTA RASI (FINLAND), on behalf of the European Union and associated States, said that while the Decade had produced many positive developments, it had also witnessed most serious violations of human rights and humanitarian law. The Union stressed the importance of compliance with international humanitarian law obligations and the need to accept and utilize review mechanisms in the area, such as the International Fact Finding Commission. The establishment of the Tribunals for the former Yugoslavia and Rwanda, and the adoption of the Rome Statute of the International Criminal Court were proof that the international community was determined to end the era of impunity for serious violations of human rights and humanitarian law. The immediate task of those bodies was to try those suspected of serious crimes, but she hoped that in future, the main function of the International Criminal Court would be crime prevention.

Progress in the implementation of international law was evident in the heavy case load of the International Court of Justice, which attested to States’ increased confidence in its activities, she continued. Also of note were the contributions of the International Tribunal for the Law of the Sea and the Permanent Court of Arbitration to the enforcement of international law.

She said that the three themes discussed at the Centennial celebration -- disarmament, humanitarian law and laws of war, and peaceful settlement of dispute bore witness to an extensive and open-minded exchange of views among legal experts worldwide. Those themes had been those of the first International Peace Conference, and had not lost their validity. New themes had been added, such as respect for human rights and protection of the environment. She hoped that in future, international law would focus on prevention and positive cooperation rather on regulation of armaments, punishment of criminals or anticipation of disputes. The system of international law had become more encompassing, and functioned better than before. In its daily practice, compliance was the rule, not the exception. Efforts to develop the law would only be successful if States were committed to its full implementation.

IVAN SIMONOVIC (Croatia), on behalf of the Eastern European Group, said that international law had grown to cover a broad range of areas of cooperation among States. Considerable progress had been made, in particular in international environmental law, international trade law, international criminal law, humanitarian, law of the sea and maritime law. In the peaceful settlement of disputes, the identification of principles and guidelines relevant to international negotiations would contribute to predictability, reducing uncertainty and promoting trust. Furthermore, as a result of work done by the International Court of Justice, the International Tribunal for the Law of the Sea and the Permanent Court of Arbitration, the judicial resolution of disputes was to be seen as contributing to good inter-State relations.

He said that the rulings of the Tribunals for the Former Yugoslavia and Rwanda had further clarified some key aspects of international humanitarian law. Also, the establishment of the International Criminal Court represented a landmark development in international protection and the universal application of humanitarian law and of human rights. He wished to see the Rome Statute enter into force as soon as possible. Many important multilateral conventions had been adopted during the Decade notably, the Comprehensive Nuclear-Test-Ban Treaty. In addition, he said, numerous organizations deserved credit for their efforts in organizing symposia, conferences and meetings to disseminate the principles of international law. He would like to see law-related tapes from the United Nations Audiovisual Library distributed to interested Governments and educational institutions as soon as possible. He welcomed the provision of Internet access to the United Nations Treaty Collection and supported efforts to modernize its content.

The celebration of the Centennial marked a continuation of the tradition of progressive development and codification of international law, he said. Its themes remained relevant; he was pleased to note the emphasis placed by that event on strengthening the international order based on the rule of the law, and on the duty of the international community to build peace and prevent violations of international law.

SERGEY LAVROV (Russian Federation) said the Decade had seen substantial progress in disarmament, combating terrorism, human rights and the protection of environment. There had been a breakthrough in the institutionalization of international criminal law and eradication of a "culture of impunity". Progress had also been made in international humanitarian law, international trade law and the law of the sea.

The Third Peace Conference, held on the initiative of the President of the Russian Federation, had been an event of utmost significance at the closing of the Decade, he said. The Hague and St Petersburg forums to commemorate the Centennial of the First Peace Conference had also made their contribution to the establishment of international legality and development of international law.

However, he said, he regretted that not all the objectives and tasks of the Decade had been achieved. Attempts had been made to shatter international law and order, under the pretext that existing international law was inadequate to provide solutions to the new generation of conflicts. The idea that respect for human rights should override such international law principles as State sovereignty had been vigorously supported. This gave the impression that advocates of such doctrines considered existing international law as something optional, where people could choose to adhere to what they liked and discard those rules that seemed inappropriate at a given moment.

He warned that it was inadmissible to enter the twenty-first Century in a state of prevailing legal nihilism. The new century should see a renaissance of international law and of the United Nations role in transition to a multipolar world. This, he added, was at the core of the Russian President’s initiative regarding the "Concept of the World in the twenty-first Century".

LEE SEE-YOUNG (Republic of Korea) said the adoption of the Statute of the International Criminal Court represented a milestone in the progressive development of international law and its codification over the long history of humankind.

Turning to the centennial of the First International Peace Conference, he said that although the first conference had failed in terms of controlling armaments and the means of warfare, it had achieved considerable success in the peaceful settlement of international disputes and the codification of laws of war, as well as ushering in the age of multilateral diplomacy.

He called on Member States not to forget that in the past 100 years, over 200 million people had died in wars. Violent conflicts were still erupting all over the world. In order to meet this challenge, a "culture of peace", as suggested by the Secretary-General, should be created for the next millennium. It was important to build on the momentum of the Decade of International Law.

HIROSHI KAWAMURA (Japan) said that maintenance of an international order based on the rule of international law, and the duty to build peace and prevent and suppress violations of international rules, were fundamental principles to which his country adhered.

Considerable progress had been made in disarmament since the end of the cold war. However, notwithstanding the creation of new nuclear-weapon-free zones in Africa and Southeast Asia, and the reduction of nuclear weapons by the United States and the Russian Federation, the pursuit of disarmament had been stalled during the past several years. Since the conclusion of the Comprehensive Nuclear- Test-Ban Treaty negotiations, the Conference on Disarmament had been unable to embark on further substantive work. Useful suggestions and appeals had been made at the Centennial -– calling, for example, for early entry into force of the CTBT but he cautioned against taking up international legal aspects of security matters in legal forums, such as the Sixth Committee. Those issues were more appropriately dealt with by other bodies.

The issue of small arms had also been stressed in the centennial meetings, he noted. Japan attached great importance to the matter; it was those weapons that were killing people in various conflicts around the world. Compliance with humanitarian law and laws of war clearly needed further improvement. Concrete measures must be implemented, in particular with regard to education and training, to ensure that principles of international humanitarian law were widely understood.

He also noted that Japan intended to participate in the preparatory commission for the International Criminal Court. The Court would play an important role in the peaceful settlement of disputes; its Trust Fund deserved further support.

OMER ABDULLA IBRAHIM (Yemen) said that significant events had taken place during the Decade, citing as examples the establishment of the Tribunals for Yugoslavia and Rwanda, and adoption of the Convention on the Law of the Sea and the Rome Statute. The centennial celebrations of the Hague Peace Conference had also made important contributions to the Decade. He reiterated his country’s strong commitment to the principles and objectives of the Decade.

He said Yemen was committed to the settlement of disputes by peaceful means, in line with the Decade’s main purposes. In that regard, he drew attention to the signing of a demarcation convention with Oman and the decision to have recourse to international arbitration on the situation of the islands of the Red Sea.

Turning to the promotion of international law, he said seminars and workshops had been organized Yemenite universities. There had also been symposia and lectures in his country on human rights, with special attention to issues related to refugees escaping from wars in the Horn of Africa.

OMER D.F.MOHAMED (Sudan) on behalf of the African Group, noted with satisfaction the training and scholarship programmes developed during the decade by the United Nations Institute for Training and Research (UNITAR) for public officials in sub-Saharan Africa on the legal aspects of debt and financial management. Debt-servicing was a monstrous burden that seriously hampered socio- economic development of the majority of African peoples and put in grave danger their peace and security. It also challenged the sovereignty and independence of African States.

He called on all international organizations involved with international law, including the International Law Academy, the International Bar Association and the International Institute of Human Law, to continue and expand their technical cooperation with developing countries. The African States believed that the objectives of the Decade should be pursued beyond the Decade’s end.

He expressed the support of African States for the legal regimes that sought to contain threats to international peace and security and eliminate terrorism. In this regard, the Organization of African Unity (OAU) had adopted the African Convention on Combating Terrorism at its Summit in Algiers.

MARTIN BELINGA EBOUTOU (Cameroon) said that the priorities of the Decade must be maintained; there was a need to continue to advocate the progressive development and codification of international law and its reinforcement. Recourse to the International Court of Justice must be accorded a place of importance. Nations also had a duty to use every appropriate means to ensure that everyone grasped the significance and scope of international law in the quest for global peace. The enjoyment of human rights must become a universal culture.

A legal instrument that formed a genuine cornerstone for the current age of ethics was the Rome Statute for the International Criminal Court, he stated. It would be possible to prosecute and try anyone accused of crimes of genocide, war crimes and crimes against humanity. Cameroon had been involved at an early stage in the establishment of the Court. It had introduced a series of measures to guarantee the rule of international law. It was not enough for a State to adopt the best legal instruments, he said. It must also ensure their impartial application. Therefore, citizens must be educated and law professionals must be of sterling quality. Cameroon had established an Institute of International Relations which had been formulating programmes in collaboration with numerous other international institutions.

Another priority of the Decade, the peaceful settlement of disputes, was also a matter of ongoing concern, he noted. His country’s activities in that area were well known. There was no domestic crisis that could not be solved by peaceful means, particularly through dialogue, or through judicial means as a final recourse.

DUMISANI S. KUMALO (South Africa), speaking on behalf of the Non-Aligned Movement, recalled that the Decade had been born of an initiative undertaken at an extraordinary ministerial conference of non-aligned countries in 1989. That meeting had declared that all States, regardless of geographical circumstances or economic or military, might should enjoy sovereign equality and that norms and principles of international law were the recognized and acceptable basis for the resolution of conflicts affecting international peace and security.

He said the Decade had provided Member States with an opportunity to accelerate work on the progressive development and codification of international law. Empowerment through education was the most pragmatic approach to strengthening the objectives of the Decade, and had received widespread support from international, national and regional organizations.

For the Non-Aligned Movement, he said, the Decade had been a success. It had achieved universal recognition of international law as the basis for the preservation of peace and security for the next millennium.

MANUEL TELLO (Mexico), speaking on behalf of the Rio Group, said international law had more solid significance today than envisaged by the 1899 Hague Peace Conference. It occupied a predominant place in the Charter. Refraining from the use of force, and peaceful settlement of disputes, were absolute obligations that were now incumbent on all States.

The end of the cold war had been the signal that the long-standing differences that had divided the world were over, and that the United Nations had a new opportunity to affirm the rule of international law, he said. Some of the achievements of the decade had been very significant. However, achievement of full respect for the rule of international law was still the main challenge facing the international community. Although States had attempted to develop laws and regulations, there was not uniform respect and adherence to them.

He said it was more important than ever to continue developing international law. As there were some areas that lacked clear rules to guide States, and that could lead to friction. The gradual development, codification, promotion, teaching and dissemination of international law was therefore necessary. Those goals could not be achieved in a specific period of time; they would require an ongoing effort. The resolutions before the Assembly today were not meant to wrap up the Decade’s efforts but to show that the Assembly would continue trying to achieve its objectives. BRUNO RODRIGUEZ PARRILLA (Cuba) said that the report of the Secretary-General on the Decade constituted an excellent reference with regard to the activities undertaken during the Decade. Those activities had been of incalculable value. In that regard, the closing of the Decade stood for a renewed commitment of Member States to the principles of the Charter. Nonetheless, despite the Decade's achievements, there were problems that persisted, including the spread of conflicts and nuclear weapons. It was time for a critical reflection on the challenges faced by international law.

The establishment of the International Tribunal on the Law of the Sea, the adoption of the Rome Statute and the establishment of the Tribunals for Yugoslavia and Rwanda, demonstrated the impact of the proliferation of international courts on the development of international law, he said. Moreover, the increased recourse to peaceful means for the settlement of disputes attested to the great importance that States attached to international law.

He then called for the democratization of the United Nations and expressed his concern about the abuse of power associated with the concept of humanitarian intervention. Peace was to be achieved through promoting development and equalizing opportunities for all countries.

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