242.  In the field of human rights, the past year has been one of consolidation, progress and challenge, both within the United Nations system and at the State level. Our capacity to uphold a code of human rights continues to develop internationally and nationally. Strategies developed by the Office of the United Nations High Commissioner for Human Rights to promote cooperation with regional and subregional organizations and the international financial institutions have been key to this progress. The Office of the High Commissioner has strengthened its relations with the Department of Peacekeeping Operations, improving the effectiveness of United Nations field operations by integrating the promotion and protection of human rights with peacemaking, peacekeeping and peace-building initiatives. Other organizations also promoted programmes centred on human rights in 1999 and 2000. The United Nations Population Fund has followed a rights-based approach in advocating for the protection of the sexual and reproductive rights of women and girls, and the United Nations Development Programme devoted its Human Development Report 2000 to human rights and human development.

  New developments

243.  The Economic and Social Council, at its substantive session of 2000, on the recommendation of the Commission on Human Rights, decided to establish a Permanent Forum on Indigenous Issues as a subsidiary organ of the Council. The Permanent Forum will serve as an advisory body to the Council on a range of issues of concern to indigenous peoples.

244.  In April 2000, the Commission on Human Rights adopted two ground-breaking resolutions, on good governance and women’s rights to land. In the first, the  Commission identifies the key components of good   governance as transparency, responsibility, accountability, participation and responsiveness to the needs and aspirations of the people, and links good governance to an environment conducive to the enjoyment of human rights and the promotion of growth and sustainable human development. In the second resolution the Commission affirms that discrimination in law against women with respect to acquiring and securing land, property and housing, as well as the related financing, constitutes a violation of women’s human rights.

245.  The Commission on Human Rights also decided to appoint two new special rapporteurs and an independent expert, and requested the Secretary-General to appoint a special representative. The special rapporteurs will serve for a three-year period. One will focus on adequate housing as a component of the right to an adequate standard of living, while the other will address the right to food. Combining two old mandates, the Commission appointed an independent expert to examine the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights. The Commission, further, recommended the appointment of a special representative of the Secretary-General to report on the situation of human rights defenders. The Economic and Social Council approved the new mandates on 16 June 2000.

246.  In April 2000, the Commission on Human Rights held a special debate on poverty and the enjoyment of human rights. The United Nations High Commissioner for Human Rights, representatives of United Nations organizations and experts led the special debate with statements on poverty and human rights issues. The Commission endorsed a human-rights-based approach to poverty alleviation and development.

247.  On the occasion of the third Ministerial Conference of the World Trade Organization, the Committee on Economic, Social and Cultural Rights urged the World Trade Organization to review international trade and investment policies and rules to ensure that they were consistent with the promotion and protection of human rights. The Committee recognized the wealth-generating potential of trade liberalization, but noted that liberalization in trade, investment and finance do not necessarily create a favourable environment for the realization of economic, social and cultural rights. The Committee stated that trade liberalization is not an end in itself, but should promote human well-being within the context of existing international human rights instruments.

248.  In October 1999, the General Assembly adopted the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. The Optional Protocol, once ratified by 10 Member States, establishes a mechanism whereby individuals or groups of individuals may submit communications, claiming to be victims of violations of rights protected under the Convention, to the Committee on the Elimination of Discrimination against Women. As at 21 August 2000, there were 43 signatories and 5 ratifications. In May 2000, the General Assembly also adopted two Optional Protocols to the Convention on the Rights of the Child. The first concerns the involvement of children in armed conflict and prohibits the compulsory recruitment or use in hostilities of persons under 18 by Governments or non-governmental armed groups. The second Optional Protocol relates to the sale of children, child prostitution and child pornography and reflects the General Assembly’s concern about the widespread and increasing traffic in children and the continuing practice of sex tourism.

  Challenges ahead

249.  In spite of the positive developments in the promotion and protection of human rights over the past year, gross violations of human rights are still too common. The trafficking of women and children is a matter of grave concern. Similarly, the rights of migrants, minorities and indigenous peoples are often vulnerable to abuse, while racism and xenophobia continue to threaten the dignity, peace and security of many. In September 2001, the issues of discrimination on the grounds of race, colour or ethnic origin will be addressed at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in South Africa.
250.  The year 2000 marks the halfway point in the United Nations Decade for Human Rights Education, a process critical to ensuring the promotion and protection of human rights throughout the world. It is vital that the momentum and progress towards the respect for human rights and the promotion of human well-being generated over the last five years be augmented and secured in the remainder of the decade.

  The International Criminal Court

251.  The Preparatory Commission for the International Criminal Court held its fourth session in March 2000 and its fifth session in June 2000. A sixth session will be held in November-December 2000.

252.  In June 2000, the Preparatory Commission adopted the final draft texts of two instruments that are essential for the functioning of the Court: the Rules of Procedure and Evidence and the Elements of Crimes. These draft instruments are the result of extensive negotiations held during the first five sessions of the Preparatory Commission in 1999 and 2000. They still have to be adopted by the Assembly of States Parties to the Rome Statute of the International Criminal Court.

253.  The Rules of Procedure and Evidence regulate the composition and administration of the Court, jurisdiction and admissibility, disclosure, trial procedure, evidence and other important aspects of the Rome Statute. Special attention has been paid to rules relating to the protection of victims and witnesses.

254.  The Elements of Crimes assist the Court in the interpretation and application of the definitions of the crime of genocide, crimes against humanity and war crimes that are contained in articles 6, 7 and 8 of the Rome Statute. They contain a detailed description of the acts that constitute the most heinous crimes and represent a major contribution to the field of international criminal law.

255.  At its next session, the Preparatory Commission will continue to consider the definition of the crime of aggression and how the Court shall exercise jurisdiction with respect to that crime. The Preparatory Commission will also begin considering three of the remaining items within its mandate: the draft relationship agreement between the United Nations and the Court; draft financial regulations and rules; and a draft agreement on the privileges and immunities of the Court.

256.  As at 24 August 2000, 98 States had signed the Rome Statute, while 15 had ratified it. These figures are encouraging. They are, however, far short of the 60 ratifications that are needed to bring the Statute into force and enable the Court to operate.

257.  By adopting the Rome Statute, States took a decisive step, showing their determination to take concrete measures to enforce the rules of international humanitarian law that have been developed over the course of the last 100 years. They displayed their resolve that those whose deeds offend the conscience of humankind should no longer go unpunished. They made known their conviction that, in the affairs of men and women of all nations, the rule of law should finally prevail. I encourage States, in that same spirit, to establish their consent to be bound by the Rome Statute of the International Criminal Court as soon as possible.

  The International Tribunals

258.  In November 1999, the group of independent experts I had appointed, at the request of the General Assembly, to review all aspects of the operation and functioning of the Tribunals for Rwanda and the former Yugoslavia submitted its report. The Expert Group concluded that the operations and functioning of the Tribunals were reasonably effective, but made some 46 recommendations with a view to improving them. The experts cautioned however that, in view of the fundamental constraints encountered by the two Tribunals, proceedings would continue to be lengthy. In March and April 2000, the Tribunals reported that they had implemented, or were implementing, the great majority of the recommendations of the Expert Group.

  International Tribunal for the former Yugoslavia

259.  Several landmark events occurred in the past year, including the arrest in April 2000 of Momcilo Krajisnik, former President of the Bosnian Serb Assembly and the highest ranking political figure apprehended to date. Another was the trial of General Radoslav Krstic, which began in March 2000. General Krstic is alleged to be responsible for the worst massacre of civilians in Europe since the Second World War, following the fall of Srebrenica.

260.  The Tribunal experienced a significant increase in the rate of arrests of indicted suspects; 10 people have been apprehended and transferred to the Tribunal’s detention unit in the past year. As at August 2000, there were 37 detainees in the detention unit. Three other accused were provisionally released, pending the commencement of their trial.

261.  Proceedings commenced or continued in the pre-trial, trial and appeal stages of 20 cases, involving a total of 39 accused. The Tribunal handed down decisions in four cases, involving eight accused. It convicted seven of these and handed down sentences of imprisonment ranging from 6 to 45 years — the latter being the longest sentence that the Tribunal has pronounced to date. It also found one accused not guilty of the charge against him and ordered his release.

262.  The Appeals Chamber handed down decisions in two cases, rejecting the appeals of the accused in both cases and, in one case, finding the accused guilty on nine additional counts. It varied sentences pronounced by the Trial Chambers in both cases. Negotiations are under way for the transfer of the convicted persons to States which will undertake the enforcement of their sentences. The total number of States that have concluded agreements to enforce the Tribunal’s sentences increased to seven: France and Spain signed agreements in February and March 2000, respectively.

263.  Following the cessation of the NATO air campaign, the Prosecutor undertook intensive investigations in Kosovo, the scale and pace of which were unprecedented. With the assistance of specialist forensic teams seconded by 14 Member States, the Prosecutor reported to the Security Council that work had been completed at 159 of 529 identified grave sites and that 2,108 bodies had been exhumed by November 1999. A second forensic programme began in April 2000 and will continue throughout the year. The Prosecutor’s Office is also pursuing approximately 24 further investigations, involving crimes in Bosnia and Herzegovina, Croatia and Kosovo, Federal Republic of Yugoslavia.

264.  The Tribunal established regional outreach offices at Zagreb and Banja Luka, which provide accurate and timely information in local languages on the Tribunal’s work so as to counter misinformation and promote understanding of the Tribunal in the region.

  International Tribunal for Rwanda

265.  The Tribunal continued to consolidate and expand on its achievements. The Trial Chambers handed down judgements in three cases, the Appeals Chamber in one. To date, the Tribunal has, in seven judgements, convicted a total of eight individuals. These verdicts remain the first for the crime of genocide by an international court, and set important precedents for other jurisdictions.

266.  In December 1999, Trial Chamber I handed down its verdict in The Prosecutor v. Georges Rutaganda. It found the accused, a businessman and national vice-president of the Interahamwe militia, guilty of genocide and crimes against humanity and sentenced him to life imprisonment. In January and June 2000, the Tribunal convicted two more individuals of genocide and crimes against humanity and of incitement to genocide, respectively. The June trial involved the first non-Rwandan convicted by the Tribunal.

267.  In another trial — that of a former mayor, who was also charged with genocide and crimes against humanity — the judges visited and inspected the sites of certain of the massacres in which the accused allegedly participated. This was the first visit to Rwanda to be made by the judges acting in their judicial capacity. Several further trials are scheduled to begin in the second half of 2000.

268.  In its first judgement on appeal in a case completed by a Trial Chamber, the Appeals Chamber in February 2000 dismissed the appeal of a local leader of the Interahamwe militia, who had pleaded guilty to the charges against him, and confirmed the sentence of 15 years’ imprisonment handed down by Trial Chamber I.

269.  As of August 2000, the Tribunal’s detention facility in Arusha held a total of 43 detainees. Over the course of the past year, there were a number of arrests of individuals subject to warrants issued by the Tribunal. Belgium, France, the United Republic of Tanzania and the United States of America transferred a total of five accused to Arusha.

270.  The Tribunal implements a vigorous outreach programme in Rwanda, designed to bring its work closer to the Rwandan people and so facilitate long-term reconciliation. Its relations with the Government and people of Rwanda have greatly improved as its effectiveness in bringing to justice high-level planners and perpetrators of the 1994 genocide has become increasingly recognized.

  Other tribunals

271.  The Office of Legal Affairs played a central role in the discussions between the United Nations and the Government of Cambodia on the establishment and operation of a special court to prosecute leaders of the Khmer Rouge. In particular, it advised the Government on drafting the necessary national legislation, and led negotiations on the conclusion of an agreement setting out the mutual obligations of the parties.

272.  The Office of Legal Affairs has been entrusted with the responsibility of implementing Security Council resolution 1315 (2000) of 14 August 2000 on the establishment of an independent special court for Sierra Leone. Its jurisdiction will include, notably, crimes against humanity, war crimes and other serious violations of international humanitarian law, as well as crimes under relevant Sierra Leonean law committed in the territory of Sierra Leone. The special court will have personal jurisdiction over those most responsible for such crimes. The Office of Legal Affairs is preparing the legal instruments to implement the resolution, and discussions are under way with representatives of the Government of Sierra Leone in this regard and with Member States on the financing of the court.

  Enhancing the rule of law

273.  The new millennium is an appropriate occasion to reaffirm the primary objectives of our Organization and focus on them anew. Establishing the rule of law in international affairs is a central priority.

274.  Treaties are one of the two main sources of international law, and I have decided to launch a campaign during the Millennium Summit to promote the signature and ratification of, and accession to, treaties of which I am the depositary. In May 2000, I wrote to all heads of State and Government inviting them to use the opportunity of the Millennium Summit to sign and ratify, or accede to, those treaties. I encouraged them to pay special attention to a core group of 25 multilateral treaties that are representative of the objectives of the Charter of the United Nations and reflect the Organization’s key values. A booklet, entitled Millennium Summit — Multilateral Treaty Framework: An Invitation to Universal Participation, containing that letter and a list of the core treaties that are the focus of this campaign is available. I am pleased to report that, as at 25 August 2000, 69 States have responded to my request to ratify those treaties.

275.  As of August 2000, I am the depositary of 517 treaties. Many of them have a profound impact on the lives and livelihood of individuals, as they relate to questions such as human rights, refugees and stateless persons, international criminal law, commodities, trade, transportation, the sea, disarmament and the environment. Some of those treaties have been open for signature, ratification or accession for a number of years but have not yet succeeded in attracting universal participation.

276.  I would remind Member States that the third objective proclaimed in the preamble to the Charter of the United Nations is to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained. One of our most important tasks is to entrench the application of the rules set out in those treaties and help to sustain and enhance the values that underpin them.

277.  It is not enough for States simply to give their consent to be bound by treaties. If the peoples of all nations are to participate in the emerging global legal order and enjoy its benefits, States must also respect and implement the obligations that the treaties in question embody. Realizing the promise of the framework of global norms developed by the international community is of critical importance. Without such a commitment the rule of law in international affairs will remain little more than a remote abstraction.

278.  Much remains to be done; all too often, individuals and corporations find that they are denied the rights and benefits that international law and treaties provide for. Sometimes, national authorities refuse to recognize and respect their obligations under international law, even where the State has voluntarily subscribed to the relevant treaties. More often, though, such authorities simply lack the necessary expertise or resources to ensure that their obligations are properly implemented and applied — to draft and adopt the needed legislation, to put in place the necessary procedure and administrative arrangements, to train those involved in the application of such legislation, procedure and arrangements and to familiarize them with the international rules they are designed to implement. To support efforts to implement international treaty commitments we already provide Governments, on request, with assistance in drafting national laws and running training programmes in particular aspects of international law for those involved in its application, such as law enforcement officers, prison officers, social workers and immigration officers.

279.  In order to build national capacities to implement treaties more effectively, I have requested every office, department, programme, fund and agency of the United Nations to review its current activities and to consider what else it might do, within its existing mandate and given existing resources, to promote the application of international law, and to provide technical assistance to help Governments implement their commitments under the treaties to which they are or might wish to become parties.

280.  More generally, I have also requested all United Nations entities, not simply those immediately involved with legal issues, to indicate how they might help to increase awareness of international law, both among the public and among those involved in the application of the law, particularly legal practitioners and judges. I would also encourage the wider teaching of international law at universities and other institutions of higher education. To this end, the Legal Counsel has written to the deans of law schools throughout the world and enlisted the assistance of a team of prominent academic lawyers to provide universities with assistance in developing suitable curricula and identifying relevant teaching materials.

281.  As international law develops and affects ever greater areas of daily life and business, it will also increasingly affect the laws of each country. This reality imposes a special responsibility on lawyers and on those who educate and train them. International law can no longer — if it ever could — be considered an optional extra, in which lawyers may or may not be trained. To satisfy the demands of the rule of law, lawyers need to be familiar with international law, to be schooled in its methods and know how to research it when the occasion demands.