“The rule of law at the national and international levels”

Mr. Chairman,
The Argentine delegation aligns itself with the statement made by Chile on behalf of CELAC.
Mr. Chairman, this session of the General Assembly was preceded by a high level meeting on the rule of law at the national and international levels. Argentina commends the participation of all Member States in the consultations that led to the adoption of the Declaration, and recognizes the efforts made by Mexico and Denmark, the two co-facilitators of the document. The high level meeting also included the formulation of pledges, and my country was one of many making pledges, individually and jointly with others.
Mr. Chairman, the strengthening of the rule of law involves several crucial aspects:
a) capacity-building: the United Nations are involved in the strengthening of the rule of law in many Member States in all regional, in all contexts, from the prevention of conflicts and peace-keeping to development. For those activities, the commitment of Member States through their participation in peace-keeping missions is essential.
This is of particular importance in conflict and post-conflict situations. In this regard, when establishing mandates, priority must be given to the capacity to ensure the rule of law, and in particular the strengthening of the internal judicial system and police systems. This objective is more and more linked to the intrinsic work of the Security Council and as such it has been reflected in its mandates.
b) the fight against impunity: accountability for gross violations of human rights is crucial. Fortunately, the international community has shifted from the “justice versus peace” paradigm in conflict and post-conflict situations, a paradigm according to which political arrangements put accountability aside through de jure or de facto amnesties. Today, peace and justice are not only compatible but also complementary objectives.
As regards the fight against impunity, the international community is witnessing the notable evolution of international criminal justice. This process, that had its germ in Nürenberg and Tokyo, evolved to the establishment of the ad-hoc tribunals for Rwanda and the former Yugoslavia. Since 1998, with the adoption of the Rome Statute on the International Criminal Court, the fight against impunity has turned into a permanent international criminal justice system based in the ICC.
The ICC, that is celebrating its tenth anniversary, is one of the most significant achievements of the international community. In 1998, it was not expected that the Statute was to enter into force in such a short time, or that at the tenth anniversary of the Court, it would be playing such a central role in the fight against impunity. Fighting impunity requires the strengthening of internal prosecutorial and judicial functions, as the ICC, due to the principle of complementarity, does not take the place of internal justice.
Also, I would like to highlight the progress made in the development of norms and standards on the right to truth, the right to justice, the right to reparation and the guarantees of non-recurrence, as pillar to combat impunity. The right to truth entails, for example, the establishment of truth or fact-finding commissions, the preservation of archives, the identification of victims –through disinterment or forensic genetics- and perpetrators of gross violations of human rights, as well as the determination of the causes, facts and circumstances of such violations. The right to justice entails the provision of internal or international tribunals, international commissions against impunity and the protection of witnesses. The right to reparation can be served through compensations, restitutions, raising memorials and memorial events, public apologies, etc. The guarantee of non-recurrence is served through disarmament, demobilization, institutional reform and control of the security sector by the civil power. In 2011, the Human Rights Council established a Special Rapporteur of the UN on the right to truth, justice, reparation and guarantees of non-recurrence in cases of gross violations of human rights and serious violations of international humanitarian law. We welcome the appointment of Mr. Pablo de Greiff (Colombia) as Special Rapporteur last May.
c) The peaceful settlement of disputes: the peaceful settlement of disputes is one of the pillars of the modern international community. The scheme of the Charter, the International Court of Justice play a central role – inherited from the International Court of Permanent Justice- as the principal judicial organ of the United Nations.
In addition to the ICJ, we must also highlight the role of other tribunals, specialized in specific branches of international law, among which Argentina underscores the International Tribunal on the Law of the Sea, the judicial organ established by the UN Convention on the Law of the Sea as part of its regime for the settlement of disputes. My country is one of the 29 Parties to UNCLOS that has accepted the jurisdiction of ITLOS.
But there are other methods for the settlement of international disputes, also mentioned in the Charter, they are referred to in the Declaration adopted at the high level meeting of the General Assembly on the Rule of Law, last 24 September. In this regard, Argentina deems it necessary to remind the need that parties to a dispute comply, in good faith, with the calls made by the organs of the organization, including the General Assembly. Also, third parties to the dispute must refrain from conducts that could frustrate the fulfilling of the obligation of the parties to solve the dispute peacefully.
Among the means available to the organization and its Member States we also stress the role of good offices that the UN can entrust to the Secretary General.
The feasibility that a mission of good offices –or any other method for the peaceful settlement- achieves its object and purpose depends on the compliance in good faith of the obligations vested upon the parties to such proceedings.
Mr. Chairman,
Allow me also to refer to the 30th anniversary of the opening for signature of the UN Convention on the Law of the Sea and pay tribute to that instrument for its contribution to the rule of law and to peace, security and to the cooperation and friendly relations among nations.
Finally, Mr. Chairman, the examination of the topic would not be complete without a reference to the role of regional cooperation and coordination for the strengthening of the rule of law. Argentina underscores the commitment of the Latin-American region to the respect for and strengthening of the rule of law, in particular the adoption of democratic clauses in regional integration mechanisms.
In this regard, Argentina has fostered the creation of regional mechanisms for strengthening the democratic order, such as the Inter-American Democratic Charter, the Mercosur Democratic Commitment, the “Democratic Clause” of Union of South American Nations (Unasur), the Special Declaration on the Defense of Democracy and the Democratic Order in Ibero-America, and a similar clause for CELAC. We would like to once again reaffirm our commitment to the rule of law, constitutional order, the preservation of the democratic institutions, social peace and full respect of human rights, and reiterate that any attempt to alter the democratic rule is to be rejected.
Thank you.