By Holy See Mission
Statement by H.E. Archbishop Francis ChullikattApostolic Nuncio,
Permanent Observer of the Holy See65th session of theUnited Nations
General Assembly Before the Sixth Committee on item 85:The rule of
law at the national and international levels New York, 13 October
2010
Madam Chair,
As my delegation addresses the Sixth Committee for the first time during this
65th Session of the General Assembly, I take this opportunity to congratulate
you and the bureau on your elections and look forward to a successful conclusion
of this Committee' s work.
Madam Chair,
The rule of law is the bedrock for development, peace and security. Why?
First of all, the human person is intelligent and second, the world and the
issues we confront are intelligible. Therefore, humankind is able to know the
essential dignity of every human being. The combination of human intelligence,
intelligibility of nature and history and unconditional respect for human
dignity should enable those persons entrusted with the making of laws and their
enforcement to promulgate just laws that serve and protect the common good of
the human family. However, for the rule of law to promote true justice, a better
understanding of the nature of law and justice is needed by national and
international authorities. Law is not merely the outcome of civil legal
deliberations. It must also incorporate the natural moral law, which, in fact,
is nothing other than the recognition of all the social consequences of human
dignity. Natural law, hence, supplies to law-making and enforcement that which
can be derived about what is good and true through the proper and essential
application of objective natural human reason. The natural moral law thus
introduces a crucial element to the making of public norms. It connects the rule
of law with the seeking of truth which, in turn, gives expression to the law
inscribed on the human heart.
Today, legislative and judicial bodies too often fail to take into account
this crucial basis of their work – the natural moral law – and focus only upon
the empirical perception of human circumstances and procedural questions
concerning the creation and application of law. Moreover, there is even a
failure to acknowledge the need for law to respect universal truths. This
positivistic and utilitarian view of law gives rise to the transforming of
"private interests or wishes into laws that conflict with the duties deriving
from social responsibility." A positivistic and utilitarian view of law results
in the "rule by law" rather than true rule of law. As a judicial methodology, it
risks undermining the promotion and just application of the rule of law because
it disconnects the law from its roots in the natural moral order and leads to
the flawed conclusion that what has become legal is therefore just and moral.
At the international level, the promotion of the rule of law also has seen
advancements in recent decades in both civil and criminal law. The importance of
international trade and development has led to the recognition of the need for
States and individuals to have effective and just standards and norms so as to
further enhance international development. Likewise, international labor markets
and human migration both have received greater attention by the international
community so as to promote just and equitable laws which protect the dignity of
workers and allow migrants and their communities to enjoy the full protection of
the law. Based on sound juridical principles, the work of the International Law
Commission, International Labour Organization, UNCTAD, UNCITRAL and the WTO,
requires continued commitment and development so as to create a more just
international order which fosters understanding between nations. In the same
way, finances should be guided by the rule of law. That means that the
International Community should keep working on reforming the mandate and rules
of the main multilateral financial bodies, such as the IMF, the World Bank Group
and the new FSB. Such reorganization should ensure the fair participation of all
countries in the world financial governance and should better link the financial
institutions to the work of the General Assembly.
Similarly, the international criminal system has seen great progress over the
past year. While the International Criminal Tribunals for Yugoslavia and Rwanda
move closer to completing their work, the International Criminal Court has seen
an increase in the number of States ratifying the Rome Statute and the further
development of its ability to hold individuals accountable for the worst crimes
against humanity. While the ICC has proved a valuable contribution to the
international criminal system, continued work to ensure that it promotes the
rule of law and greater peace and justice must continue.While ensuring
global and national governance through the rule of law, international leaders
and civil authorities must continue to work to remove the perceived conflict
between peace and justice and foster a broader vision of justice which takes
into account political, social, economic and legal forms of justice. Justice,
after all, requires the institution of right relationships among individuals and
peoples so that the common good of humanity can be well served.
At the national level, the need for a just rule of law in many corners of the
globe continues to go unmet. Efforts to promote the rule of law are hampered by
the continued influence of corruption, instability, both social and political
and the lack of resources to implement judicial systems. As the Secretary
General's report (A/65/318) notes, there is a need to address the capacity and
political will of national governments to establish and implement just legal
system. Partnerships with civil society organizations which provide education
and social services based on sound principles of the rule of law are vital to
provide the cultural foundation upon which legal systems can be built.
The increasing codification of international legal standards has led more
States to further incorporate such standards and practices into national
legislation. This development can be seen particularly in the efforts by States
to adhere to the standards established by the international human rights
treaties established by the General Assembly. However, my delegation notes with
concern the increasing undermining of treaty body systems when their scope is
expanded beyond the spirit and goals of the treaties and the intent of the
States who have adopted these legal standards. Since they are a part of the
legal system, these treaty bodies cannot be excused from adhering to the
traditional rules of interpretation of law. Efforts by international treaty
bodies improperly to expand the scope of these treaties risks undermining the
international treaty system in the realm of human rights. In the worst
instances, they have actively promoted an interpretation of these international
standards in a way which undermines the fundamental duty of law: to protect
life. National legislators endure unwarranted criticism for rightly rejecting
this expansion of the various treaties' standards which advance supposed rights
that undermine life and the family, innovations that are unsupported by
international agreements. Clearly, it is important for such bodies to respect
the role of States to negotiate and implement the various human rights standards
and to avoid expanding these standards into areas outside their scope and
intent.
Madam Chair,
At both the international and national levels the rule of law helps to
promote peace and development for all people. Individuals responsible for the
development and creation of law have a distinct responsibility to ensure that
their efforts contribute to the common good of society by protecting the
legitimate interests of every member of society and by elevating consciousness
of the responsibilities of all persons. In the final analysis, this is the
charge of the rule of law. Thus these individuals must continue to work to
ensure that law is truly just and that it fosters the common good through
upholding the dignity of the human person, fostering social unity, protecting
life, promoting the rehabilitation of offenders, restoring victims both
physically and spiritually and increasing trust and understanding between and
amongst peoples and nations.
Thank you, Madam Chair.
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