The Role of the UN in Promoting the Rule of Law: Challenges and New Approaches
By Jan Eliasson31.12.2012
The rule of law is the bedrock upon which the United Nations is built. On the international stage, it is fundamental to peace and stability. All States in the General Assembly have an obligation to abide by the Charter of the United Nations and the wider body of international law. All Member States are expected to be subject to these laws, to apply them in their international relations, and to be equal before them. Working to ensure this basic principle is the essence of our work to promote the rule of law at the international level.
Establishing Effective Accountability Mechanisms for Human Rights Violations
By Navanethem Pillay31.12.2012
Rule of law and institutional reform cannot start with a “clean slate”. Understanding the patterns of past human rights violations and ending impunity for the worst violations are indispensable for successful transformative processes. At the core of any effort to establish accountability are three indispensable and interlinked rights: the right to truth, the right to justice, and the right to an effective remedy and reparation.
The Role of the International Criminal Court in Ending Impunity and Establishing the Rule of Law
By Sang-Hyun Song31.12.2012
The ICC contributes to the fight against impunity and the establishment of the rule of law by ensuring that the most severe crimes do not go unpunished and by promoting respect for international law. The core mandate of the ICC is to act as a court of last resort with the capacity to prosecute individuals for genocide, crimes against humanity and war crimes when national jurisdictions for any reason are unable or unwilling to do so.
Increasing Women's Access to Justice in Post-Conflict Societies
By Michelle Bachelet31.12.2012
In the past three decades, significant gains have been made in building an international justice architecture which includes accountability for sexual and gender-based crimes. The prosecution of these crimes serves as an important signalling of a break with the past, an assertion of the equal rights of women and an international willingness to protect these rights. For the first time in history, these significant advances have made it possible to prosecute sexual and gender-based violence in conflict.
Delivering Justice on the Ground: The Challenges of Fighting Corruption at the National and International Levels
By Martin Sajdik31.12.2012
On the occasion of the first High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels on 24 September 2012, the Heads of State and Government and heads of delegation adopted an important political Declaration by consensus. With this, they reaffirmed their commitment to the rule of law and its fundamental importance for political dialogue and cooperation among all States and for the further development of the three main pillars upon which the United Nations is built: international peace and security, human rights and development.
Meeting the Challenges of Delivering Justice on the Ground
By Dmitry Titov31.12.2012
Around the world in the past decade, there has been a growing understanding of the importance of strong justice and security institutions in building stability and sustained economic development in conflict and post-conflict societies. As a result, we have seen rising demand for United Nations efforts to strengthen the rule of law in post-conflict and crisis situations.
Justice and Development: Challenges to the Legal Empowerment of the Poor
By Magdy Martínez-Solimán31.12.2012
We have made great strides in reducing poverty and enabling human development. Ever since poverty trends began to be monitored, the number of people living in extreme poverty and poverty rates declined in every developing region, including in sub-Saharan Africa. The global poverty rate at $1.25 a day declined in 2010 by less than half the 1990 rate. The first target of the Millennium Development Goals (MDGs)—halving the extreme poverty rate to its 1990 level—will have been achieved at the global level well before 2015.
Rule of Law and Democracy: Addressing the Gap Between Policies and Practices
By Massimo Tommasoli31.12.2012
The Declaration adopted on 24 September 2012 by the United Nations General Assembly at the High-level Meeting on the Rule of Law at the National and International Levels reaffirmed that “human rights, the rule of law and democracy are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the United Nations”.
The International Network to Promote the Rule of Law: A Platform to Promote Justice and Security in Conflict-Affected States
By Christina Murtaugh31.12.2012
The challenges that national governments and the international community are facing in promoting the rule of law in the aftermath of conflict are immense: local communities expect their governments to establish justice and security immediately while also bringing back a sense of normalcy to their lives, and international donors expect that if they provide resources to governments and local non-governmental organizations, their investment will yield quick impacts and rule of law gains.
Justice: What We Need in a Post-2015 World
By Tracey Gurd31.12.2012
“Look around us”, instructed the village chief in Small Sefadu, a tiny community in the eastern reaches of Sierra Leone and home to some of the country’s biggest diamond mines. Together we survey the scene: a cratered dirt road is punctuated by burned-out houses, which is a signature reminder of the marauding rebels who took over the town during Sierra Leone’s 11-year civil war. Teenage boys, some of them former child soldiers, loiter listlessly on a veranda across the road. None have a job. No street lights and no other services exist. “This is the country’s breadbasket—the diamonds come from here—but we get no benefit”, the chief tells me. “Do you think the law can help us?”
Upholding the Rule of Law at the International Level: The Role of the International Court of Justice
By Philippe Couvreur31.12.2012
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. Its seat is at the Peace Palace in The Hague, Netherlands. It operates under a Statute, which is an integral part of the Charter of the United Nations and to which all Member States are ipso facto parties. The Court is composed of 15 judges elected to nine‑year terms of office by the United Nations General Assembly and Security Council, sitting independently of each other, and may not include more than one judge of any nationality. The composition of the Court must reflect the main forms of civilization and the principal legal systems of the world.
About this Issue
The latest edition of the UN Chronicle, Number 4, 2012, explores the challenges Member States and the United Nations system face in supporting and strengthening the rule of law.