PRESS BRIEFING BY LEGAL COUNSEL

Press Briefing

PRESS BRIEFING BY LEGAL COUNSEL

Secretary-General Kofi Annan has written to all Heads of State or Government inviting them to take the opportunity presented by the September Millennium Summit to sign and ratify or accede to multilateral conventions deposited with him, Hans Corell, Under Secretary-General for Legal Affairs and United Nations Legal Counsel, said at a press briefing today.

There were more than 500 multilateral treaties deposited with the Secretary- General, who attached great importance to international law, Mr. Corell said. The Secretary-General made several references to international law in his Millennium Report. Among the instruments was the Convention on the Rights of the Child.

“We don’t think every Head of State or Government had seen a complete list of all these instruments", he continued. That was why the Secretary-General had circulated an appeal on 15 May entitled “Millennium Summit, Multilateral Treaty Framework: An Invitation to Universal Participation” to Heads of State or Government. (In an introduction to the document, the Secretary-General states that the Charter called for the establishment of conditions under which justice and respect for the obligations arising from treaties and other sources of international law could be maintained. Included among the core conventions were a range of human rights treaties as well as conventions on refugees and stateless persons, penal matters, disarmament and the environment. Some of the international legal instruments had been open for signature for a number of years but have not yet succeeded in attracting universal participation.

Mr. Corell said a core group of 25 out of the more than 500 multilateral treaties had been singled out as specifically important to the Organization's key objectives. These were listed in the document circulated to Heads of State or Government, and included information on the signatories and parties. ”This is a major effort which is the fruit of the work of a task force set up in the Secretariat last year", he said.

Those States which had not ratified or acceded to a specific treaty, perhaps lacked not political will, but simply did not have the resources to do so, Mr. Corell commented. It was the Secretary-General's intention that the Secretariat find out what technical assistance was needed, and the extent to which such help could be provided. Mr. Corell said the fruit of that effort had been work done by a Secretariat task force.

In light of the current General Assembly special session on women’s issues, Mr. Corell drew attention to many treaties that dealt with the protection of women. These included the Universal Declaration of Human Rights of 1948, and the 1966 International Covenant on Civil and Political Rights. The Convention on the Elimination of All Forms of Discrimination against Women had over 165 States parties. An Optional Protocol had recently been added to it. A committee of 23 independent experts would be appointed, once the protocol entered into force, to receive complaints from individuals. Ten ratifications were needed for that to happen, and so far three or four States had done so.

Mr. Corell said another important development was the Rome Statute of the International Criminal Court which was adopted at a United Nations Diplomatic

Corell Press Briefing - 2 - 8 June 2000

Conference of Plenipotentiaries in June/July 1998. It was interesting to note, he said, that there were provisions in the Statute about the protection of women because of the news about atrocities committed against women both in the former Yugoslavia and Rwanda, and in other places. The Rome Statute had 97 signatories and 11 ratifications, Venezuela being the latest to do so yesterday. It was expected that another State would deposit its instrument of ratification tomorrow.

Mr. Corell also mentioned that the Preparatory Commission for the International Criminal Court would begin its fourth session (the second this year) next Monday, 12 June. The Commission intended to finalize two very important documents: the rules of procedure and evidence to be adopted by State parties; and elements of crime, providing more details of the crimes listed in the Statute. Once that was done, Member States would see more readily the exact scope of the Rome Statute, he said. Other instruments were equally important, and particularly to those States which would undertake specific legislations at the national level. They might wish to see the whole situation before they submitted proposals to their parliaments. “Encouragement here is of the essence”, he said.

Mr. Corell said that two Protocols to the Convention on the Rights of the Child were open for signature last Monday. The first concerned children in armed conflict, and the second covered the sale of children, child prostitution and child pornography. They were important instruments that he thought ought to be highlighted, particularly during the Assembly's current special session.

Another issue was the teaching of international law in law schools. He had discovered from discussions with deans of many law schools that it was not in their curriculum. “Today, at least from my horizon, to allow people to graduate from law schools without having a clue about international law is simply not right. Students should be appreciative that there is this important body of law that is increasingly influencing developments in the world arena", he said.

Mr. Corell said that, following consultations with colleagues in academia, he had last Tuesday, 6 June, issued an appeal to deans of all law schools, asking them to put international law in their curriculum. Law schools with international law on their curriculum should be in the forefront of assisting schools that were not so experienced in that area. Gradually, he said, international law would become very important and law graduates without a background in it would be handicapped.

Replying to a question about a new United States initiative regarding the Rome Statute, he said he had seen some elements in the news, but had no direct information to verify it. [The United States has not signed the Rome Statute]. Mr. Corell said that what was achieved in Rome was "a milestone in the history of mankind". The Statute was "an instrument to protect the weak, the children, the women and those who have suffered through all times in armed conflict". The generals on the other side would always manage to get away unless they were conquered. Little people had always suffered. Impunity had to be stopped. He hoped all States would work together to make that come true. It might take some States a little more time to become convinced about the Rome Statute.

Asked whether the deadline of 30 June for the Preparatory Commission to complete work on the two documents could be met or not, he said the Chairman of the Preparatory Commission, Philippe Kirsch of Canada, had been confident about that being achieved. Mr. Corell said he did not know whether anything had happened that could change that picture. Resolution F of the Rome Conference required that work on the rules of procedure and evidence and elements of crimes

should be finalized by that date. He added that it would be of tremendous help to have the two documents available during finalization of proposals for parliamentary approval of the Statute and its ratification.

"Do you think the rule of law can replace the political and strategic realities for the achievement of peace?" a correspondent asked. “This is a very important question”, Mr. Corell observed. He said that gradually over the years, the rule of law had been achieved in many States. All those in power had to bow to laws that applied in their countries. "What we are seeing, though, is the first step outside the boundaries of the national State. Can we also achieve here the rule of law? I’m aware of the political realities."

"If the lawyers that are entrusted with advising the world organization do not believe in the idea, then they should not be here”, he said. "I have this vision: that one day, also the strong and mighty would realize that it is in their interest to bow to the laws that apply to all other States. And for the small State, and since I come from a small State, international law is always considered as our first defence line.”

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