As Sixth Committee’s Consideration of Rule of Law Principle Continues, Speakers Debate Balance between States’ Sovereign Rights, International Obligations
As the Sixth Committee (Legal) continued its consideration of the rule of law at the national and international levels, speakers underscored their countries’ sovereign right to decide on their national legal system, while others stressed the necessity to ensure full respect for international law through domestic legal frameworks. (For background, see Press Release GA/L/3694.)
The promotion and respect for the rule of law at the international level, stressed Chile’s representative, implies the progressive and universal acceptance by States of international law and the fulfilment of their obligations thereunder. To that end, States should adopt the necessary measures within their legal systems, as full respect for international law also presupposes a development of the rule of law at the domestic level, he stressed.
Nonetheless, while underscoring the importance of respecting the principle, Algeria’s delegate asked: “What is the point of discussing the rule of law in the Sixth Committee at time when the rules of international law […] are being blatantly violated without any accountability?” The promotion of rule of law can only happen when the unilateral coercive measures and double standards cease and when States are compelled to respect their obligations equally, he said.
That double standard, Eritrea’s delegate pointed out, has also left many critical issues and conflicts unresolved, resulting in a lack of confidence in a rules-based international order. However, to enhance trust and confidence in its domestic judicial system and raise public awareness about legal matters, his country’s Ministry of Justice held a national law week where, among other things, free legal advice was available to its citizens.
On that note, the Dominican Republic’s representative emphasized: “All citizens, both those who govern and those who are governed, have a role to play in building a society in which justice, equality and legality are a norm and not an exception.” Her country adopted a Constitution that establishes a solid legal framework and provides for separation of powers. The rule of law is an ongoing objective that must be pursued tirelessly, she said.
In a similar vein, the delegate of Maldives, recalling recent elections, emphasized that “the respect for rule of law essentially translates to respecting democracy and the people’s decisions — in conceding defeat with grace and paving the way for a smooth transition of power”. He also spotlighted reforms ensuring that one third of local council seats are for women, and reported on the appointments of female justices to the country’s higher courts.
Still, women and girls continue to face obstacles in pursuing justice, Bolivia’s delegate underscored, adding that “gender-based violence is a global pandemic affecting women of all ages and all social strata”, a reality that, in Guyana, digital technology is addressing, said that country’s representative. Detailing specially-equipped interview and virtual hearing rooms, domestic violence survivors can participate in court cases virtually without having to facing the perpetrator in the court room.
Drawing attention to Brunei Darussalam's use of technology to effectively serve the public and facilitate equitable access to justice, its delegate reported on how victims provide evidence through a live video link in any inquiry, trial or court proceedings. However, she warned: “We must also ensure that the adoption of new technologies does not compromise traditional integrity in favour of efficiency and convenience.”
Calling for the establishment of legal mechanisms to ensure the protection of personal data, Djibouti’s representative noted that “for our people, the storage and archiving of data does not sit well with long-standing views of the impermanence of traces of the past”. Still, technology has the potential to democratize access to knowledge and legal resources, he said.
One such example was provided by Georgia’s representative, who outlined how her country leveraged digital technology to further increase access within its prison education service by introducing a digital university. In addition, the digital method of dactyloscopy has been implemented across all penitentiary institutions, enabling data digitalization for remands and convicts, she said.
Indonesia’s delegate underscored that “the onus lies upon us […] to wield [technology] wisely, judiciously and with one purpose: serving our shared ideals of equal access to justice for all”. However, he also expressed disappointment over the repeated inclusions in the Secretary-General’s report of the death penalty issue, emphasizing that each State should be free to exercise its sovereign right to implement its national laws in accordance with its international law obligations.
Building on that, the representative of Saudi Arabia also emphasized that every State has a sovereign right to decide on its legal system. In her country, the death penalty is only handed down in the case of most serious crimes following a review by various judicial bodies. Still, underlining the importance of the rule of law in tackling corruption, she voiced her country’s commitment to and support for the collective responsibility of States to combat related international incidents.
The representative of Equatorial Guinea also highlighted her Government’s anti-corruption efforts, reporting that it has increased the prosecutor’s office capacities relating to tackling that phenomenon. In the effort to promote the rule of law, the authorities have also enabled broader capacity-building for judicial branch members. “Rule of law is not an option, it is an obligation,” she declared.
The Sixth Committee will next meet at 10 a.m. on Thursday, 19 October, to conclude its debate on the rule of law at the national and international levels and begin its consideration of responsibility of international organizations.
Statements
KHALILAH HACKMAN (Ghana), associating herself with the African Group and the Non-Aligned Movement, underscored that a people-centred approach to governance and justice is critical to achieving Sustainable Development Goal 16. As the world witnesses an increasing dissipation of the commitments to uphold the rule of law, States must work to restore its centrality. To that end, they should not only consent to the jurisdiction of international adjudicating bodies but also comply with their decisions. She reported that, in 2019, her country launched an e-justice programme designed to address the inadequacies of the manual court system that was impeding justice delivery on many levels. The programme is part of Ghana’s efforts to increase focus on integrity, reduce opportunities for corruption, enhance transparency and accountability, as well as deal efficiently and effectively with complaints. Positive impact has been recorded as the programme has been progressively rolled out to all 16 administrative regions, she said.
ALEXANDER S. PROSKURYAKOV (Russian Federation), aligning himself with the Group of Friends in Defence of the Charter of the United Nations, said that the report is extremely unbalanced and the Secretariat is acting increasingly independently in determining the direction of the concept. Emphasizing that developing a strategy is the task of States, he added that “universal” standards of behaviour are being imposed on Member States without anyone being informed as to who approved such standards or when. Further, the report’s focus on gender and human rights is covered by the Third Committee (Social, Humanitarian and Cultural Issues), he said, underlining that his delegation wants the Sixth Committee to work on the rule of law at the international level. The report also gives pride of place to the International Criminal Court. However, that court is a non-specialized, non-United Nations body that has turned into a political tool of the collective West and has nothing to do with justice. There is a dearth of information about the activities of the United Nations’ main judicial body, which is the International Court of Justice, he observed.
KAUSHAL KISHOR RAY (Nepal), associating himself with the Non-Aligned Movement, said that inaccessibility to justice incurs significant individual, community and societal costs with disproportional impacts falling on poor, marginalized and vulnerable groups. Noting that, over the past years, technology has been a “much-hyped” solution to the justice gap, he spotlighted the efficient use of e-filing and holding virtual or hybrid trials or hearings by digital exhibits and evidence presentation. The accessibility of video conferencing has made it possible for the concerned to participate in hearings of trials without taking time off work and without spending too much money and time to reach courtrooms. However, the introduction of e-justice technologies should not fail to uphold the values of accessibility, legitimacy and legality of judicial systems. The rule of law must also exist in the digital sphere. To this end, Nepal is implementing its treaty obligations to end criminal impunity, organized crime, illicit financial flow, money‑laundering, violent extremism and terrorism, he reported, adding: “The rule of law is the lifeline of democratic governance, social justice and equitable development.”
OUMAROU GANOU (Burkina Faso), associating himself with the African Group, the Non-Aligned Movement and the Group of Friends of the Rule of Law, said there is neither a single model for the rule of law nor any universal methods for strengthening it. Any imported model must undergo often painful changes to be accepted. Further, to be effective, any action to promote the rule of law must be underpinned by homegrown solutions tailored to each country. Noting that the security situation in his country is marked by violent extremism, terrorism, mass displacement and humanitarian crisis, he said this has “catalysed our resilience” as the population is now committed to defending their fundamental rights. As well, ensuring an effective rule of law principle at the international level calls for greater openness from international courts, he said, urging action to ensure fairness and participation in the appointment of judges to international tribunals and of other actors to the international judicial system.
IBRAHIM ZUHUREE (Maldives), noting that his country concluded its presidential elections in September 2023, said that the elections demonstrated the increasing maturity of the citizens’ understanding of the rule of law and democratic norms. “The respect for rule of law essentially translates to respecting democracy and the people’s decisions — in conceding defeat with grace and paving the way for a smooth transition of power,” he emphasized. Furthermore, the Maldives has established a zero-tolerance policy for corruption and has enacted the Whistleblower Protection Act, he reported, adding that in 2019 it established the Bar Council of the Maldives under the Legal Profession Act to regulate and uplift the legal profession in the country. It also enacted amendments to the Decentralization Act in 2019 to ensure that one‑third of local council seats are reserved for women, he said, reporting that the appointments of female justices to the Supreme Court in 2019 and a female judge to the Criminal Court in 2020 have broken gender barriers.
ENIOLA AJAYI (Nigeria), associating herself with the African Group and the Non-Aligned Movement, commended the ongoing initiative of the United Nations to promote the rule of law and transitional justice in conflict and post-conflict societies. The rule of law is a fundamental principle in Nigeria’s jurisprudence and governance. In the promotion and adherence to that principle, the National Human Rights Commission was established to create an enabling environment for the protection and enforcement of human rights. More so, various anti-corruption agencies ensure observance of due process and several laws have been enacted in line with international best practices. As well, Nigeria’s recognition of and membership in the International Criminal Court, International Court of Justice, Permanent Court of Arbitration and other international tribunals confirm its respect for the principle, she said, calling on States to promote it as one of the major panaceas to global crises.
MOUSSA MOHAMED MOUSSA (Djibouti), associating himself with the African Group and the Non-Aligned Movement, spotlighted flagrant, repeated violations of commitments and a growing selectivity relating to convictions that should result following violations of international law. If nothing is done, this will result in a “progressive moral decay”, he said, along with the decline of international conventions that are the “only bulwark” against arbitrariness and lawlessness. He also underlined the need to differentiate between the international and national dimensions of the use of new technology to promote access to justice. While such technology will help democratize access to knowledge and legal resources, closing the digital divide will require collective effort. Also calling for the establishment of legal mechanisms to ensure the protection of personal data, he added that “for our people, the storage and archiving of data does not sit well with longstanding views of the impermanence of traces of the past”.
CARMEN ROSA RÍOS (Bolivia), associating herself with the Non‑Aligned Movement and the Group of Friends of the Charter of the United Nations, said that the global deterioration of the rule of law goes hand in hand with political polarization and weakening justice institutions. Stressing that women and girls continue to face obstacles in pursuing justice, she added: “Gender-based violence is a global pandemic affecting women of all ages and all social strata.” She recalled that over the past few decades, Bolivia experienced a series of changes to its institutional and legal structure, noting that its 2009 political Constitution re-founded the country as a plurinational State. It recognized a broad diversity of Indigenous Peoples and nations, including minorities of African descent, and strengthened the rule of law by incorporating participatory and community-based democracy. It also included the recognition of collective rights and the rights of “Mother Earth”, making it a public subject of rights. In addition, Bolivia has incorporated Indigenous jurisdictions within the country’s judicial structures, she said.
AMANUEL GIORGIO (Eritrea), associating himself with the African Group, the Non-Aligned Movement and the Group of Friends in Defence of the Charter of the United Nations, underscored that one of the challenges the world faces today is the double standards in the application of the rule of law principle. This has left many critical issues and conflicts unresolved and has led to a lack of confidence and resentment “to the most touted rules-based international order”, he said, adding that violation of international law manifests itself also in the frequent application of unilateral coercive measures. At the national level, Eritrea’s Ministry of Justice held a national law week to raise public awareness about legal matters, ensure effective public participation and enhance trust and confidence in the judicial system. It offered free legal advice to the public, general knowledge and environmental sanitation activities, as well as virtual legal programmes and presentations of legal research papers. Feedback from the public has been a valuable input in revising the laws, he reported.
ABDOU NDOYE (Senegal), associating himself with the African Group, the Non‑Aligned Movement and the Group of Friends on the Rule of Law, said that the Secretary-General's report reveals an overall decline in the rule of law in the world. Pointing to the link between this principle and sustainable development, he said that Senegal has established and strengthened independent and impartial judicial institutions which guarantee legal security to its citizens. It has also focused its public governance on the fight against corruption, accountability and transparency. This commitment to rule of law has taken a form of ratification and domestication of the relevant international legal principles into the country’s domestic law, while also strengthening the institutional system for combating fraud and corruption. Further, the Government has created the National Anti-Fraud and Corruption Office and established the Public Procurement Regulatory Authority. Stressing the importance of the International Court of Justice, he said that universalizing the Rome Statute will help to end impunity in the world.
KAJAL BHAT (India), associating herself with the Non-Aligned Movement, detailed her country’s commitment to implementing the rule of law at the national level, including through its Constitution and judicial system. On using technology to advance access to justice, she reported that her country launched a project to digitize its courts more than a decade ago. Further, initiatives have been taken to enable and equip courts with information and communications technology (ICT), including a new e-filing system. In addition, draft rules on such e-filing have been formulated and circulated to courts for adoption. Turning to the rule of law at the international level, she urged reform of international institutions of global governance, including those charged with maintaining international peace and security. On that, she said there is an urgent need to ensure the rule of law by making the Security Council more representative by providing enhanced membership to developing countries in both the permanent and non-permanent categories.
ADEL BEN LAGHA (Tunisia) reiterated his support to all mechanisms for the peaceful settlement of disputes, including the International Court of Justice, noting that its advisory opinions play a crucial role in clarifying the law and consolidating the rule of law on the global level. Pointing to the polarization of international relations and the worrying paralysis of the Security Council, he said that that the silence of the international community on the subject of these crimes strengthens impunity, blurs the lines between the legitimate self-defence and collective punishment and encourages other crimes against humanity. To preserve and strengthen the rule of law, States must respect the law and remain consistent with their principles, actions and words. “It is not enough to call for the application of the humanitarian law. We need to make sure that it is effectively respected by everyone everywhere,” he stressed.
TIGRAN GALSTYAN (Armenia), underscoring his country’s commitment to upholding and promoting justice and the rule of law at the national and international levels, reported that the Government has designed and implemented multiple reform processes that ensure respect for human rights and the rule of law. Recognizing the crucial role of justice and accountability, he said that collective efforts are needed by Member States to enforce the full implementation of the decisions made by international judicial bodies. He underlined the primacy of international law over the use of force, adding that his country is committed to effectively addressing and combating impunity, including through the mechanisms of international criminal jurisdiction. To this end, Armenia recently ratified the Statute of the International Criminal Court — an important step towards promoting justice and accountability and upholding the rule of law at the international level, he said.
SOPIO KUPRADZE (Georgia), associating herself with the European Union, reported that her country strives to further strengthen digital development, particularly through the National Digital Governance Strategy — to be adopted later this year — which envisions initiatives to realize the advantages of open data. Also enacted were reforms of the penitentiary and crime prevention systems. To harness the benefits of advanced technology and further increase access and quality of higher education within its prison education service, a digital university in the penitentiary system was introduced. More so, the digital method of dactyloscopy has been implemented across all penitentiary institutions, enabling data digitalization for remands and convicts. She also recalled the judgements of the European Court of Human Rights and the decision of the International Criminal Court, which confirmed the occupation and effective control of the Russian Federation over the Abkhazia and Tskhinvali regions of Georgia and its full responsibility for grave violations on the ground.
SOUDCHAI VANNASIN (Lao People’s Democratic Republic), aligning himself with the Association of Southeast Asian Nations (ASEAN) and the Non-Aligned Movement, welcomed United Nations activities to strengthen capacity to promote the rule of law at the national level. This will pave the way for effective implementation of the Sustainable Development Goals. Therefore, all Member States — least developed countries in particular — should continue to receive support, especially in enhancing human-resource capacity to implement national strategies in line with relevant international conventions. Detailing national efforts to amend domestic law and combat corruption, he also underlined the importance of the use of digital technology. In building a rule-of-law State and ensuring access to justice for all, the Government has worked to develop and improve digital platforms, including hotlines, social media, information-sharing systems and mobile applications. Additionally, for emergency preparedness, accurate and reliable statistical and data systems have been made available and accessible to all citizens.
NAZIHAH MOHD SAHRIP (Brunei Darussalam), associating herself with ASEAN and the Non-Aligned Movement, said that her country maintains a “friend to all” approach. At the regional level, her Government continues to uphold the rules-based regional architecture with ASEAN at its centre, reaffirming the importance of regionalism and multilateralism. On a national platform, in 2016, the country introduced a legislative amendment to the Criminal Procedure Code to allow victims to provide evidence through a live video link in any inquiry, trial or court proceedings. In 2021, legislation amendments were made to allow for online hearings in the Supreme Court, Intermediate Courts and Subordinate Courts, she said, also noting that, during the same year, the Court of Appeal conducted its first criminal appeal via Zoom where submissions were heard from counsel attending remotely from outside the country. Emphasizing that Brunei Darussalam embraces technology to effectively serve the public and facilitate equitable access to justice, she stressed: “We must also ensure that the adoption of new technologies does not compromise traditional integrity in favour of efficiency and convenience.”
NATALIA JIMENEZ ALEGRIA (Mexico) said the rule of law is necessary to meet the challenges of the twenty-first century and uphold the Charter. Welcoming the Secretary-General's New Vision for the Rule of Law, she said that it will help coordinate efforts to strengthen the principle through the establishment of technical measures and capacity-building. This will help countries achieve the Sustainable Development Goals. Recognizing the enormous potential that technology holds to guarantee access to justice, she said that the Mexican Constitution was reformed in 2013 to include the right of access to ICT in article 6. The legislative branch of its Government is now analysing another possible reform to article 17 to implement digital justice systems. Further, the federal judiciary has developed a system that lets a person use a website that allows the submission, consultation and monitoring of trials remotely. In addition, the Supreme Court has developed a publicly accessible search engine using language models created with artificial intelligence.
JOAN MARGARITA CEDANO (Dominican Republic), noting that her country has made significant progress in consolidating the rule of law, reported that it has adopted a Constitution that establishes a solid legal framework and provides for separation of powers that aims to prevent abuse and guarantee judicial independence. This has enabled progress towards protecting the fundamental rights of citizens, as well as promoting and having access to justice. Efforts are still under way to enhance institutions, ensure that no one is above the law, and promote transparency and citizen participation in all decision-making processes. She underscored that, for her country, the rule of law is an ongoing objective that must be pursued tirelessly. “All citizens, both those who govern and those who are governed, have a role to play in building a society in which justice, equality and legality are a norm and not an exception,” she said.
Mr. CAMARA (Guinea), associating himself with the African Group and the Non‑Aligned Movement, said that the rule of law is the proper framework for promoting the enjoyment of rights and for combating impunity for national and international crimes. He reported that his country has joined international efforts to combat serious crimes. Its criminal code ensures that anyone involved in crimes against humanity, genocide or war crimes and holding an official position does not get to escape criminal responsibility or enjoy a reduced sentence. Domestic law also punishes economic crimes, as the Government works to combat corruption and similar practices through judicial procedures so that those who commit such crimes cannot enjoy impunity. He added that, to enhance the rule of law at the international level, a new international order based on respect for legal rules can create a proper framework for ensuring friendly relations between States.
GLADYS MOKHAWA (Botswana), associating herself with the African Group, said that preservation of the rule of law aligns harmoniously with the foundational pillars of peace, security, human rights and development. Stressing that her country’s dedication to promoting this principle extends at national and international levels, she said that Botswana is engaged in constitutional reforms to ensure access to justice for all, combat corruption and prevent and counter terrorism. “These concerted actions reflect our commitment to upholding the rule of law with our country,” she added, stressing that, through collective efforts States can address the challenges, fill in the gaps and continue to improve legal systems.
ANDY ARON (Indonesia) said technology is a tool that offers solutions and also presents new challenges. Addressing these issues requires national efforts and international cooperation to foster meaningful digital inclusivity and connectivity; collaborate on cybersecurity; and harmonize digital legal frameworks. “The onus lies upon us […] to wield it wisely, judiciously and with one purpose: serving our shared ideals of equal access to justice for all,” he said. However, he noted with disappointment the repeated inclusions of the death penalty issue in the Secretary-General’s report on this agenda item. There is no direct relation between the rule of law and death penalty issues. “There is neither a global consensus, nor universally binding norms proscribing the application of death penalty,” he added. Each State should be free to exercise its sovereign right to implement its national laws in accordance with its international law obligations. Condemning the recent attack on the hospital in Gaza, he stressed that attack clearly violates international law, in particular international humanitarian law, and called for immediate international peace negotiations.
Mr. AL-AJMI (Oman), associating himself with the Arab Group and the Non-Aligned Movement, noted that his country’s Constitution stipulates that the rule of law is the basis of governance. At the national level, laws have been developed, reviewed and modernized. For instance, the judicial system and litigation procedures before the referent courts were updated and developed in line with Oman Vision 2040, which aims at strengthening international law at the national and international levels. To promote transparency and integrity, an annual review is undertaken through oversight bodies in cooperation with the judiciary and different governmental agencies. The final report is then made available to the public. These efforts seek to include society and uphold the rule of law. Condemning the targeting of the hospital in Gaza by the Israeli occupation forces the previous day, he underscored that there is a close link between rule of law and the values of peace.
BETELIHEM TAYE (Ethiopia), aligning herself with the African Group, said that, in her country’s experience, it is critical to acknowledge grievances that will foment instability if left unaddressed. Further, it is necessary to address the root causes of discord to pave the path towards a just, equitable and harmonious society. In supporting such efforts, the United Nations and other organizations should complement Member States’ efforts to find homegrown solutions to rule-of-law challenges. She also reported that, in her country’s experience, the use of information technology in the work of law enforcement and judicial organs has “generated substantial momentum in ensuring access to justice”. However, progress in such technology has also facilitated counterfeiting. Managing this requires increased investment in information-and-communications-technology infrastructure and enhanced capacity to preserve information integrity. She added that the Security Council’s lack of regard for the voices of countries concerned is the antithesis to the rule of law.
CORNEL FERUȚĂ (Romania) said the United Nations can do more to bring the rule of law agenda to the forefront and carry out a cohesive approach towards its promotion across its processes. For example, the Japanese delegation showed leadership in the Security Council during their presidency by organizing an open debate on “the Rule of Law among Nations”. Informal networks, such as the Group of Friends of the Rule of Law, can also be used as a platform to coordinate and promote concrete initiatives that would advance the rule of law. Looking to encourage a wider use of the International Court of Justice Court, in 2021, Romania put forth an initiative promoting the broader recognition of the Court’s jurisdiction, together with a group of supporting countries. The declaration lists the main arguments for accepting the Court’s jurisdiction and encourages States to confer jurisdiction to the Court by any of the means envisaged in its Statute, as deemed appropriate.
MIYOBA BERNADETTE MUZUMBWE-KATONGO (Zambia), associating herself with the Non‑Aligned Movement and the African Group, said that disregard for international law, the egregious violations of human rights, inequality and corruption are but a few of the evils that plague our world today. Underscoring the importance of independent judiciaries in preserving the rule of law, she said that a justice system which does not accord equal access to justice is ineffective, inefficient, unfair, discriminatory and does not redress the plight of victims. Also stressing the need for considering the technological revolution, she emphasized that artificial intelligence is opening new opportunities for human civilization and new frontiers for achieving the Sustainable Development Goals. In this context, her Government has set out aims to achieve the rule of law, human rights and constitutionalism in its Eighth National Development Plan 2022‑2026. In addition, the country has established its case flow management system to better respond to the transnational character of corruption-related offences, expedite asset recovery processes, support extradition and ensure effective mutual legal assistance.
JOSE JUAN HERNANDEZ CHAVEZ (Chile), associating himself with the Non-Aligned Movement and the Justice Action Coalition, noted that one of the greatest challenges for the international community is to strengthen the international legal order and the rule of law. The promotion and respect for the principle at the international level implies the progressive and universal acceptance by States of international law and fulfilment of their obligations thereunder. To that end, States should adopt the necessary measures within their legal systems, as full respect for international law also presupposes a development of the rule of law at the domestic level. Its full application domestically is allowed and ensured by democracy, which also requires guaranteeing the full participation of women. Recalling Chile’s 1973 coup d'état, the national commissions on truth and reconciliation as well as political imprisonment and torture have been implemented to redress the wrongs of the dictatorship that followed the coup, he said, underscoring that such efforts are essential for upholding the rule of law.
DAVID ANTONIO GIRET SOTO (Paraguay), aligning himself with the Group of Friends of the Rule of Law, detailed national efforts to enhance fundamental democratic principles, such as participation, access to information and respect for human rights. The Government is also committed to ensuring that the principles of justice, liberty and equality are observed by national institutions. Noting that the report highlights a global decline in democracy and the rule of law, he welcomed the people-centred focus of the Secretary-General’s New Vision for the Rule of Law. On the use of technology for promoting access to justice for all, he said that efforts in this area should be accompanied by measures to address the potential inequalities and obstacles that such technology could generate. Adding that free public access to information is fundamental to the rule of law, he said that his country’s national law provides such access to its citizens. Further, an e-filing system adopted in 2016 has supported administrative and judicial decision-making, particularly during COVID-19.
REEM FAHAD O. ALOMAIR (Saudi Arabia), associating herself with the Arab Group and the Non-Aligned Movement, condemned the crime committed by the Israeli occupying Power following the airstrike on Al-Ahli Arab Hospital. She called for a firm protection of unarmed civilians and the opening of humanitarian corridors. Pointing out that every State has a sovereign right to decide on its legal system and the legislation related to punishment and penalties, she noted that the death penalty is only handed down in the case of most serious crimes following a review by various judicial bodies. In addition, the measures taken in trials guarantee fair proceedings. Underscoring the importance of the rule of law in tackling corruption, she expressed support for the collective responsibility of States to address international incidents related to corruption. She reiterated the commitment of Saudi Arabia’s leadership — within the Saudi Vision 2030 — to combat corruption in all its forms, including administrative and financial corruption.
LIGIA LORENA FLORES SOTO (El Salvador), stressing that protecting the rights of children and adolescents is a priority for the Government, noted that it has solid legal frameworks in place that regulate the protection of their rights. Turning to technology, she said these technological tools can strengthen the rule of law at the national and international levels and help create more just and equitable societies. The Government has made revisions to its laws to tap into the benefits of technology, including holding hearings by virtual means. In addition, the Penal Code was reformed to incorporate a section that allows the use of digital evidence in criminal proceedings. Videoconferencing in criminal proceedings, which facilitates the cooperation and the exchange of information between States, is now allowed. El Salvador will continue to analyse ways to include the use of technologies in administering the rule of law, she said.
KIM HYUNSOO (Republic of Korea), associating himself with the Group of Friends of the Rule of Law, noted that the international community must redouble its efforts to promote and strengthen the principle. To achieve equal justice for all, he encouraged the sharing of best practices, as well as the provision of effective technical assistance and capacity-building measures responding to the specific needs of host countries. New technologies can offer a significant avenue to advance access to justice for all, especially for vulnerable groups. For its part, the Republic of Korea has established and operated judicial access centres to improve access to justice for vulnerable groups. Additionally, efforts are being made to operate an online video court and electronic litigation system to ensure that judicial accessibility is not constrained by time or distance. He also reported that his country has also been conducting annual capacity-building programmes with more than 10 States.
ALEJANDRO LEONEL KATZ PAVLOTZKY (Uruguay) said that international efforts to safeguard the rule of law should include disarmament policies, and should protect human rights, ensure access to depoliticized justice and avoid impunity for those who commit international crimes. Further, States cannot seek to avoid their international obligations by claiming that certain provisions have not been incorporated into domestic law. He went on to emphasize that technological tools can be used to improve the administration and work of justice institutions, improve the management and processing of legal cases, and enhance citizens’ access to justice and legal information through ICT. Adding that a commitment to the rule of law should include the constant development of international law, he underlined the International Law Commission’s important role in this regard. The Sixth Committee should ensure adequate follow-up on draft articles prepared by the Commission, he said, expressing hope that the Committee continues to support the codification of international law.
MOHAMED FAIZ BOUCHEDOUB (Algeria), associating himself with the Arab Group, the African Group and the Group of Friends in Defense of the Charter of the United Nations, underscored the importance of respecting the rule of law at the national and international levels. He noted that the promotion of this principle can only happen when the unilateral coercive measures and double standards are ended and when States are compelled to respect their obligations equally. In this regard, Algeria has established a modern, independent justice system, he said, noting that it is using digital technology to facilitate litigation for all citizens. Recovering the trust of citizens is the main objectives of his Government, he said, stressing that digital technology will improve judicial proceedings by ensuring transparent settlement of conflicts. In addition, his country has also established a national electronic window to provide services for administrative and legal authorities. However, he asked: “What is the point of discussing the rule of law in the Sixth Committee at time when the rules of international law — especially humanitarian law — are being blatantly violated without any accountability?”
KYAW MOE TUN (Myanmar) said the rule of law at the national level is not a tool to oppress the people. It is a legal guarantee that protects everyone’s fundamental rights and provides justice within the society. Separation of powers, equal enforcement, independent adjudication, due process, legal certainty, accountability, avoidance of arbitrariness and procedural and legal transparency are among the key principles of the rule of law. Yet, in Myanmar, the inhumane military perpetrated an illegal coup against the civilian Government, democratically elected by the people of Myanmar in 2021. Since then, the illegal junta has been systematically destroying the rule of law to control the people who resoundingly reject their illegal coup. The military junta’s continued disregard for the rule of law and international law has serious implications for regional peace and stability. Transnational organized crime is now on the rise along the borders. To restore peace, the rule of law and justice in Myanmar, the illegal military junta must be ended, he stated.
MHD. RIYAD KHADDOUR (Syria), associating himself with the Arab Group, the Non-Aligned Movement and the Group of Friends in Defence of the Charter of the United Nations, said that if the Organization — represented by the Security Council — is not able to “end the killing machine of Israel and save the population of Gaza from the genocide that awaits them”, then talking about the rule of law at the international level “does not make sense”. He went on to express reservations concerning paragraph 101 of the report, rejecting the reference to the International, Impartial and Independent Mechanism for Syria. Asking whether the Secretary-General — to whom the report is attributed — thinks that this illegitimate mechanism is the best example of the rule of law at the international level, he said his delegation disassociates from any consensus on the draft resolution on this agenda item. He also detailed national efforts to strengthen the rule of law, including through increasing access to legal information via information and communications technology.
ESTELA MERCEDES NZE MANSOGO (Equatorial Guinea), associating herself with the Non-Aligned Movement and the Group of Friends in Defence of the Charter of the United Nations, said that to promote the rule of law States must first defend the rule of international law. Recognizing the added value of digital technologies to strengthen the rule of law, she pointed to a number of related challenges and noted that her country approached the matter with prudence. Spotlighting Equatorial Guinea’s Digital Agenda — a national strategy to develop an information society and digital economy — she said that training has been provided to citizens, mainly women and girls, and other organizations that are using information and digital equipment in any part of the country. In the effort to promote the rule of law, the Government has enabled capacity-building for judicial branch members, as well, she said, noting that in the context of combating corruption, it has increased the prosecutor’s office capacities relating to tackling corruption. “Rule of law is not an option, it is an obligation,” she emphasized.
TEXINE WONDA DAW (Guyana) said adherence to the rule of law is the foundation of friendly and equitable relations between States. It is critical to peace, security, political stability and economic and social development and is the social contract between people and States and the foundation on which the United Nations rests. In Guyana, digital technology is being used widely to support its court operations, improve efficiency and advance access to justice. E‑filing, digital case management and virtual courts are now part of its judicial operations. Further, digital technology is contributing to the increased reporting and prosecution of domestic violence and child abuse cases. For example, specially-equipped interview and virtual hearing rooms facilitate recording of interviews with domestic violence survivors, allowing these cases to be heard virtually. In relation to court cases, rather than having to face the public or the perpetrator, domestic violence survivors can have their matters heard virtually, she said.
NAGANO SHUNSUKE (Japan), aligning himself with the Group of Friends of the Rule of Law, underscored that the prohibition of the threat or use of force under the Charter of the United Nations constitutes “the most fundamental rule of the post-war regime for peace based on the rule of law among nations”. Noting that the Russian Federation’s aggression against Ukraine has revealed the Security Council’s inability to maintain international peace and security, he urged Member States to discuss ways to use existing rules and mechanisms under the Charter more effectively to prevent similar situations in the future. On that, he emphasized the importance of cooperation among Member States to address serious violations of the Charter — particularly aggression. Under the Declaration on Friendly Relations, Member States must refrain from supporting aggression and make efforts to stop aggression within their respective capacities. He added that, to uphold the Charter’s principles, Member States should consider how to enhance the role of the International Court of Justice.
CATHERINE NYABOKE NYAKOE (Kenya), associating herself with the African Group and the Non-Aligned Movement, said that she ascribes to the “classic definition” of the rule of law. Emphasizing that rules of international law must be realizable, predictable and equitable, she said that these norms — through Kenya’s Constitution — continue to guide the country in international engagements on climate change and humanitarian intervention, among others. She pointed out that technological inadequacies in developing countries, laid bare by the COVID‑19 pandemic, call for more capacity-building in information and communication technologies, encouraging more cooperation and technical assistance in these areas. Underscoring the importance of tailoring technical assistance programmes to States’ needs and priorities, she said that this will help achieve national ownership of the rule of law. Moreso, she urged Member States and tribunals — whether local, regional or international — to ensure that the rules of various international law instruments adopted by States are interpreted and implemented in a just, fair and predictable manner.
DUNKAN LAKI MUHUMUZA (Uganda), underlining the importance of strengthening the rule of law at the national and international levels, noted that the sovereign equality of States is a key component that allows all States to participate in the rule of law at the regional and international levels. Member States should renew their pledge to uphold the Charter of the United Nations, he said, adding that good governance can also help countries use the rule of law to combat racism and xenophobia and safeguard fundamental freedoms for all. Further, the principle is a key enabler of a just society and helps provide equal access to justice, and also helps countries achieve Sustainable Development Goal 16. New technologies can encourage access to justice by making legal services more accessible and affordable, he said, reporting that courts in Uganda now use videoconferencing and technology to carry out court proceedings. More so, victims and witnesses can participate in proceedings and provide evidence without facing perpetrators in court. The technology has reduced the backlog of cases, he added.
GERALDO SARANGA (Mozambique), associating himself with the African Group and the Non‑Aligned Movement, expressed support for the Secretary-General’s New Vision for the Rule of Law. On that, he underlined the importance of ownership, strong national institutions and respect for cultural and religious specificities, also noting that the New Vision’s success depends on adequate funding for related activities. For its part, Mozambique continues to consolidate the rule of law 45 years after the establishment of its judicial system. Positive examples of this are a significant growth in the number of national courts, the establishment of specialized courts, the expansion of activities of the public prosecutor’s office, an increase in the number of legal training institutions and the provision of legal aid for the neediest citizens. He added that the fight against corruption is a national priority — detailing a strategy to combat this crime in public administration — and noted that Mozambique’s fight against international terrorism is progressing with the support of its partners.