‘Law of the Jungle’ Replacing Rules-Based Order, Secretary-General Warns, as Speakers Push Security Council to Reform, Ensure Accountability
The rule of law is being replaced by “the law of the jungle” around the world, United Nations Secretary-General António Guterres warned the Security Council today, citing a brazen disregard for international law that has helped humanity avoid a third world war for the past 80 years.
“From Gaza to Ukraine, from the Sahel to Myanmar, in Venezuela and elsewhere, the rule of law is being treated as an à la carte menu,” he said, as he opened a debate joined by more than 80 delegations.
Somalia, which holds the Council presidency for January, organized today’s debate, outlining in its concept note that despite “solemn commitments” repeatedly reaffirmed by the Security Council and the General Assembly, the international community continues to face serious challenges in upholding the rule of law.
For Africa — and for all countries that have experienced the costs of conflict and inequality — the international rule of law is “the guarantor of sovereignty, dignity and justice”, the note states. The United Nations Charter’s eightieth anniversary offers a timely opportunity for the Council to reflect on progress made and challenges that remain.
Mr. Guterres described the many ways States are flouting the rule of law with impunity — from the illegal use of force and attacks on civilian infrastructure, to human rights violations, the unlawful development of nuclear weapons, unconstitutional changes of Government and denial of humanitarian aid. He insisted on maintaining “a relentless push for just and sustainable peace”, “firmly anchored in international law” and enduring because it addresses the root causes of conflict, not just its symptoms.
Security Council Must Lead the Way
He stressed the important role played by the Council in this regard, noting no other body or ad-hoc coalition can legally require all Member States to comply with decisions on peace and security or authorize the use of force under international law. “We must act without delay to enhance the representation and effectiveness of this Council,” he emphasized.
He called for action on three priorities.
First, countries must keep their promises and uphold the purposes and principles of the UN Charter — settling disputes peacefully, protecting human rights and dignity, and maintaining respect for international law, self-determination and sovereign equality.
Second, Member States must fully use the Charter’s dispute-settlement tools to prevent conflict, including negotiation and mediation under Article 33, while strengthening partnerships with regional organizations.
Third, States must promote fair, independent justice by strengthening international courts. He called on all countries to accept the compulsory jurisdiction of the International Court of Justice, respect its rulings, ensure accountability, and allow the International Criminal Court to operate independently.
Africa Calls for Political Courage, Institutions that Reflect Current Realities
“These principles define the identity of Africa,” said Mahmoud Ali Youssouf, Chairperson of the African Union Commission, noting that African troops make up a large percentage of the world’s peacekeepers, and the African Union Peace Fund helps fund such operations. African States are increasingly leveraging the International Court of Justice, regional jurisdictions and other peaceful mechanisms to resolve their conflicts. “Law must prevail over force,” he insisted.
However, he pointed out that the Security Council still has not added a permanent seat for Africa to correct a serious historical injustice. “Breathing new life into multilateralism requires more than rhetoric,” he stressed, calling for the political courage to reform institutions that fail to reflect current realities.
Abdulqawi Yusuf, former judge of the International Court of Justice and founding President of the African Institute of International Law, reminded the Council that “the vitality of a legal order is for the long haul”. There will always be periods of turbulence, he acknowledged, but the dangers lurking behind that instability should convince States to “stay the course” and uphold the rule of law because the alternative is much less desirable.
The international rule of law gave rise to thousands of bilateral and multilateral treaties and served as an engine of growth and prosperity for people throughout the developing world, he said, emphasizing: “The old expression ‘might is right’ has never helped humanity to live together in peace and harmony.”
No State Is Above the Law, Speakers Stress, amid Clashes over Accountability
In the ensuing discussion, several speakers highlighted the responsibility of permanent Council members with veto power, including China, Russian Federation and the United States, in upholding the international rule of law.
The representative of Venezuela, speaking on behalf of the Group of Friends in Defense of the Charter of the United Nations, condemned an unjustified and unprovoked armed aggression by the United States against his country on 3 January. There is no legal justification, he said, for unilateral military action, “regime-change” operations or the use of force to impose political outcomes or exploit the natural resources of a sovereign State through coercion and threats. “Such conduct epitomizes the replacement of the rule of law with the law of force — a dangerous regression that threatens not only Venezuela, but the integrity of the entire international legal order,” he warned.
“If the United States can use threats of force, unlawful military action, coercion, and regime-change policies as routine tools without facing any consequences, what remains of the UN Charter?” asked the representative of Iran, accusing Washington, D.C., of seeking to replace the authority of the United Nations with unilateral action, including efforts to bypass the Security Council on Gaza, defiance of the International Criminal Court and International Court of Justice, the undermining of UN bodies, and incitement of unrest in Iran. “No State — regardless of power — has the right to place itself above the law,” he stressed.
“In just a few weeks, the world will mark four years since the start of Russia’s unprovoked and treacherous aggression against Ukraine,” said the latter’s representative, rejecting an argument that to reach a stable peace, the pursuit of justice should be set aside to avoid complicating the peace process. “History… shows that justice and accountability are not obstacles to peace, but rather its very foundation,” he stressed. Germany’s delegate added that the Nuremberg Trials were revolutionary because they established that individuals should be held accountable for grave violations of international law. “Peace and justice are inseparable,” he added, calling on the international community to prevent the recurrence of any more crimes against humanity.
“No self-proclaimed ‘national interests’ can justify departure from it,” said the representative of the European Union, in his capacity as observer. Article 2 of the UN Charter unambiguously forbids the threat or use of force against another State's territorial integrity or political independence, he said.
No ‘Cherry Picking’ of Commitments
Speaking on behalf of the Association of Southeast Asian Nations (ASEAN), the representative of the Philippines said that upholding such international agreements as the 1982 United Nations Convention on the Law of the Sea is crucial. ASEAN member States are working closely with China towards the early conclusion of a Code of Conduct in the South China Sea, consistent with international law.
“At times like these, our collective action is required to build a just and more humane world,” said South Africa’s delegate. “The unfettered exercise of the veto has largely hindered action to protect the most vulnerable,” she said, citing a “genocide committed in full view” of the entire world.
“Upon his election, President [Donald J.] Trump inherited a world on fire,” said the representative of the United States, noting that the President has taken real action, including brokering numerous peace agreements. She added that Washington, D.C., is leading concrete efforts to bring about peace in Sudan, the Democratic Republic of the Congo, Gaza, Haiti and elsewhere.
Warning that the world went awry, the representative of the Russian Federation cited the Western-led “coup” in Ukraine and abduction of a head of an independent State by a certain country. “The United Nations is not at its best,” he said, urging it to “not take the side of the mighty and the wealthy as it is currently doing”. Otherwise, the Organization will lose its role and significance with catastrophic consequences for the entire world.
“No single country should dictate terms based on its power,” China’s delegate said. “We must advocate and practice true multilateralism”. The role of the UN must be strengthened rather than weakened. “We shall not cherry pick our commitment to the Organization, nor should we bypass the UN and create alternative mechanisms,” he also stressed.
Many speakers cautioned against the selective use of the UN Charter and international law.
“The rule of law must be respected and applied by all without exception,” said the representative of Bahrain, stressing the importance of making greater use of the provisions of the UN Charter, particularly those contained in Chapter VI, which provides effective legal tools for the peaceful settlement of disputes and prevents conflicts between States.
Lest History Repeat
For their parts, African States have increasingly turned to judicial mechanisms to resolve disputes, preventing escalation, said Liberia’s delegate. Using the mediation tools provided by the UN Charter is not a sign of weakness, but a way to safeguard against conflict and insecurity, he stressed.
“The rule of law is not merely a set of norms, it is a vital shield against tyranny, oppression and violations of human rights,” said Latvia’s delegate. Somalia’s delegate, Council President for January, speaking in his national capacity, shared a proverb from his country: “If what happened yesterday is not examined today, there is no progress for tomorrow.” The rule of law is “the cornerstone of multilateralism”, he declared.
Complete Live Blog coverage of today's meeting can be found here.