By Holy See Mission
Statement by H.E. Archbishop Celestino
Migliore
Apostolic Nuncio, Permanent Observer of the Holy See
63rd session of the
United Nations General Assembly
Before the Sixth Committee on item 79:
The rule of law at the national and international levels
New York, 14 October 2008Mr Chairman,
At the outset, I would like to thank the Secretary-General for his comprehensive
inventory of rule of law initiatives being undertaken at the United Nations.
Clearly, the rule of law has grown in importance as a vital pillar for greater
international development.
At its core, the rule of law is the mechanism by which the international
organizations and national governments are called to provide effective
recognition of the dignity of all persons regardless of their social, economic,
or political status.
In the present cultural context, in which law is often perceived as respect for
formal procedures and not in more substantive terms, the rule of law could
become insufficient by itself to defend the dignity of the human person. The
rights of persons are not simply a set of legal norms but represent, above all,
fundamental values. Such values must be fostered by society, otherwise they risk
disappearing even from legislative texts. The dignity of persons must be
safeguarded in culture, in the public mentality and in the conduct of society,
as a precondition and in order to be protected by law.
Although the rule of law is not in itself sufficient, it remains nevertheless an
indispensable instrument for the protection of human dignity. The notion of the
rule of law is implied as a demand of the Universal Declaration of Human Rights
(UDHR) and assigns to States the task of allowing and facilitating the
realization of those transcendent ends to which people are destined. In this
regard, the UDHR, which is currently in its sixtieth year, is a reference point
that calls all nations to organize the relationship of persons and society with
the State based on the fundamental human rights.
The rule of law is a vital component for assisting States in their
responsibility to protect. While this responsibility entails the States’ primary
and legal obligation to protect their populations from genocide, war crimes,
ethnic cleansing and crimes against humanity, it also provides for the
international community to intervene when a State is unable or unwilling to
exercise this fundamental responsibility. This capacity to intervene should not
be seen, however, only in the form of actions taken by the Security Council or
use of force. It is also the cooperation of the international community to help
States with the necessary capacity and legal expertise in the field of
protection. The building up of national legal structures will help States to
avert atrocities by establishing mechanisms that promote justice and peace,
ensure accountability and recourse under the law, provide for the foundation of
a stable economy and protect the dignity of every person.
Too often the concept of the rule of law is applied solely to political or legal
matters in the context of post-conflict settings. The current economic crisis,
however, shows that a strong rule of law could be very helpful in the promotion
of fair and stable economic development. The interconnected nature of the global
market has increased the need for debate on and implementation of the rule of
law, so as to establish a more just global economic system. In the developing
world, the rule of law can provide social and economic growth
while in the developed world, through just regulations, it can ensure greater
economic stability and fairness.
Through the work of the Rule of Law Coordination and Resource Group and the Rule
of Law Unit, the United Nations has been given the responsibility for assisting
States needing technical and logistical expertise. We look forward to their
capacities being enhanced in this respect. In addition, this very Committee
offers a platform for setting normative frameworks, means for arbitration of
legal disputes and mechanisms of accountability.
One area in which the United Nations serves as a forum for enhancing the rule of
law is in the making of international treaties and conventions. Indeed, it has
been the ability of the United Nations to bring people together and give greater
attention to international norms. Hence, it is of great importance that when
implementing and enforcing these norms, the United Nations’ agencies and
monitoring bodies respect the intent and desire of States. A treaty body system
which moves away from the original intent of the parties and expands its
mandates beyond the power given by States, risks undermining its own credibility
and legitimacy and can discourage States from joining conventions.
The United Nations will be appreciated in its own right whenever the rule of law
is translated from discussions of norms and values into tangible results for
those who seek justice.
Thank you, Mr Chairman.
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