ADDRESS TO THE SIXTH COMMITTEE – LEGAL

– As delivered –

Address by H.E. Mr. Miroslav Lajčák, President of the 72^nd Session of the UN General Assembly, to the Sixth Committee – Legal

Thank you very much.

Mr. Chair, Excellencies, Distinguished Delegates, Ladies and Gentlemen,

Let me start by congratulating you, Ambassador Burhan Gafoor, on your election as Chair of the Sixth Committee. I also congratulate the able bureau members for their election. I am confident that the Committee is in good hands for the 72nd Session.

You mentioned the special status of law and, as a holder of a Master’s of Law degree myself, I understand what you mean! Something that I have learnt is that law is one thing, while the application of it is another. And I have learnt that the rule of law encompasses both – and more.

The promotion of International law lies at the very heart of the United Nation’s mandate. We can see this through the call of the UN Charter for the creation of conditions in which justice and respect for international law can be maintained. The Sixth Committee has a most important role in answering this call. Many of the items it deals with are relevant to our work, here, in New York. But more often than not, the Committee tackles issues that affect people – many people – around the world.

So, I’d like to pose the question: How can we improve – and strengthen – the work we are doing?

Let me offer three elements for consideration.

First, strengthening our current work.

The International Law Commission provides a good starting point for exploring ways to strengthen the work we already do. The creation of the Commission was an example of the General Assembly taking action to ensure the primacy given to international law by the UN Charter is reflected in the UN’s work. The Commission is primarily tasked with ‘encouraging the progressive development of international law’. I welcome the report of the International Law Commission on its 69th session. In particular, I want to emphasize the important work that has been done by completing the Commission’s first reading of the draft articles on crimes against humanity. The Commission’s approaching 70th anniversary offers us an opportunity to reflect on how best we can support it as one of the main drivers of the development of international law.

Additionally, when looking for opportunities to strengthen our ongoing work, we should focus on the people. And, in this context, I am referring to the men and women who are carrying out the UN’s work on the ground.

Many UN activities and programs aim to help build strong institutions, or to support national actors to enhance their own capacities in line with international laws and standards. These efforts, however, will all be in vain if those who are leading them fail to respect the rule of law in their own work. This includes corruption, fraud or any other behavior which runs contrary to the UN’s principles. In this vein, the Committee’s work on criminal accountability of UN officials and experts remains critical.   It will complement the ongoing efforts to increase accountability of perpetrators and to eradicate Sexual Exploitation and Abuse in UN operations.

My second point is about international terrorism.

Excellencies, colleagues,

International law cannot be frozen in time. It must adapt to changing circumstances and new developments. Therefore, while it is important to strengthen our current work, we must also be ready to respond, in new areas and in new ways.

The growth and spread of terrorism is a good example of such changing circumstances. And it is an appropriate issue to raise, given that you will be discussing measures to eliminate international terrorism today. By the way, this is quite a heavy topic for the first day back to school! But it is one that needs urgent attention.

When future generations look back at this period in history, terrorism will be seen as one of the biggest challenges our world has had to face. A big challenge needs a big response. And, more importantly, a coordinated response. The review of the Global Counter-Terrorism Strategy is a crucial element of this, particularly for cooperation at the international level. I also stress the importance of continued work on the Draft Comprehensive Convention on International Terrorism, with an aim to finalize it sooner rather than later. I call on you all to approach your discussions on this issue with renewed energy throughout the 72nd session.

I think it is also appropriate, during today’s meeting, to focus on the role for the rule of law – not just in countering terrorism, but also in preventing it. Strong institutions and justice systems are needed to hold perpetrators accountable. Strong rule of law can also allow for comprehensive mechanisms to counter recruitment and financing techniques. This can prevent people from becoming both victims and agents of terrorism.

Similarly, the absence of the rule of law is often a root cause of conflict. As we have seen, terrorism breeds quicker in conflict contexts. The rule of law must therefore be seen as a valuable tool for us all to use in preventing both conflict and terrorism.

My third point is about the integration of the rule of law across all three pillars.

As I mentioned at the beginning, the issues dealt with by the Sixth Committee go beyond UN conference rooms. They have effects in countries – and on people – far away. The same goes for the rule of law.  It cannot be restricted to one mandate, or one entity. Rather, it is vital to the UN’s effectiveness. If we fail in this, so too will all our work across the three pillars. No one Sustainable Development Goal can be achieved, no person’s rights can be fully protected, and no peace can last, without the rule of law.

Continued discussion on working methods of the Committee will contribute to the General Assembly’s revitalization process. I welcome your innovative approach to improving the work of the Committee.

Dear colleagues,

We will meet again when the Sixth Committee presents its report to the General Assembly, and I look forward to welcoming you in that context. In the meantime, I want to stress that you have my full support – and that of my office – in the important discussions ahead.

The late Professor M. Cherif Bassiouni, a legend in the fields of international criminal and human rights law, once said, “… what we can and must do – and if everyone tries – is something to make our humankind a little better. It is in our power to do so”. Although he is no longer with us, this call to action remains as relevant as ever.

I urge you to keep this call in mind throughout the year ahead.

I thank you for your attention.