Sixth Committee (Legal) — 74th session
The rule of law at the national and international levels (Agenda item 83)
- Authority: resolution 73/207
Documentation
- A/74/139 — Report of the Secretary-General: Strengthening and coordinating United Nations rule of law activities
- A/C.6/74/L.13 — Draft resolution
Summary of work
Background (source: A/74/100)
The item entitled “The rule of law at the national and international levels” was included in the agenda of the sixty-first session of the General Assembly at the request of Liechtenstein and Mexico (A/61/142). The Assembly has had the item on its agenda since its sixty-first session (resolutions 61/39, 62/70, 63/128, 64/116, 65/32, 66/102, 67/1 (declaration of the high-level meeting of the General Assembly on the rule of law at the national and international levels), 67/97, 68/116, 69/123, 70/118, 71/148, 72/119 and 73/207).
At its seventy-third session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by the Assistant Secretary-General for Strategic Coordination and by 87 delegations (see A/C.6/73/SR.7–10). The Assembly requested the Secretary-General to submit, in a timely manner, his next annual report on United Nations rule of law activities, in accordance with paragraph 5 of its resolution 63/128, addressing, in a balanced manner, the national and international dimensions of the rule of law, and invited Member States to focus their comments during the upcoming Sixth Committee debate on the subtopic “Sharing best practices and ideas to promote the respect of States for international law” (resolution 73/207).
Consideration at the seventy-fourth session
The Sixth Committee considered the item at its 8th to 11th and 35th meetings, on 10, 11 and 14 October and on 20 November 2019 (see A/C.6/74/SR.8, 9, 10, 11 and 35).
At the 9th meeting, on 11 October 2019, the Assistant Secretary-General for Strategic Coordination, Executive Office of the Secretary-General, introduced the report of the Secretary-General and made a statement.
Statements were made by the representatives of the Islamic Republic of Iran (on behalf of the Non-Aligned Movement (NAM)), Gambia (on behalf of the African Group), the European Union (also on behalf of its Member States (the candidate countries the Republic of North Macedonia, Montenegro and Albania, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova and Georgia, aligned themselves with the statement)), Denmark (also on behalf of Finland, Iceland, Norway and Sweden (Nordic Countries)), New Zealand (also on behalf of Australia and Canada (CANZ)), Nicaragua, Argentina, Morocco, Israel, Cambodia (on behalf of the Association of Southeast Asian Nations (ASEAN)), Belarus, Sierra Leone, Slovakia, Singapore, China [in English], United States of America, Kuwait, the Philippines, Poland, Liechtenstein, Ghana, Egypt [in English], the Sudan, Qatar, the Syrian Arab Republic, Mexico, Togo, Honduras, Maldives, Mauritius, the Netherlands, Rwanda, Colombia, Cuba [in English], El Salvador, Japan, Thailand, Guatemala, Eritrea, Myanmar, Slovenia, Pakistan, South Africa, Saudi Arabia, Lebanon, Ethiopia, Sri Lanka, Ukraine, the Republic of Korea, Zambia, Afghanistan, India, Nepal, Cameroon, Ecuador, Malaysia, the Russian Federation, Croatia, Burkina Faso, United Arab Emirates, Viet Nam, Senegal, Nigeria, Georgia, Azerbaijan, Guinea-Bissau, Lao People’s Democratic Republic, Indonesia and the Islamic Republic of Iran.
Statements were also made by the observers for the Holy See, the State of Palestine, the Hague Conference on Private International Law (HCCH) and the International Development Law Organization (IDLO).
The representatives of the United Kingdom, China, Mauritius and the Russian Federation made statements in the exercise of the right of reply.
In their general observations, many delegations highlighted the fundamental role of the rule of law in advancing the three pillars of the United Nations (i.e., peace and security, human rights and development) and in achieving the 2030 Agenda and the Sustainable Development Goals, in particular Goal 16 and access to justice for all. A number of delegations stressed the need for the promotion of the rule of law in accordance with the purposes and principles of the Charter, including respect for the sovereign equality and territorial integrity of States as well as the right to self-determination, refraining from the threat or use of force, emphasizing the need for non-interference in domestic affairs, and the peaceful settlement of disputes. Several delegations further underlined the importance of maintaining a balance between the national and international dimensions of the rule of law.
Delegations generally welcomed the report of the Secretary-General, while some delegations expressed concerns about certain aspects of the report. Several delegations took note of the subtopic “Sharing best practices and ideas to promote the respect of States for international law”. A number of delegations also provided information on their national efforts to promote rule of law.
Several delegations expressed their appreciation for the capacity-building and technical assistance activities of the United Nations, including the work of the Rule of Law Coordination and Resource Group and the Rule of Law Unit of the Secretariat. A number of delegations called for more capacity-building and for further reflection upon ways to make the rule of law assistance of the United Nations more effective, coherent and sustainable. Several delegations highlighted that there was no singular definition of the rule of law, underlining the significance of national ownership in rule of law activities and the importance of undertaking different approaches to accommodate States’ domestic needs. A number of delegations also highlighted the role of poverty and inequalities as challenges to the rule of law.
Delegations further highlighted the efforts of the Office of Legal Affairs in the promotion of the rule of law at the national and international levels. A number of delegations valued the Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, while some encouraged pursuing efforts for the further dissemination of international law and supported enhancing the budget of the Programme of Assistance. Several delegations also underlined the importance of treaty law and treaty-making processes, expressing appreciation for the support provided by the Treaty Section. The role of multilateralism in advancing the rule of law at the international level was emphasized and was viewed as being under threat.
In addition, several delegations acknowledged the significant contributions of the International Law Commission to the codification and progressive development of international law. A number of delegations also expressed their support for international courts and tribunals, in particular the International Court of Justice and the International Criminal Court. Some delegations emphasized the importance of recourse to the former for the pacific settlement of disputes as well as the value of advisory opinions rendered by the Court, while others called upon States to consent to its jurisdiction. Some delegations further supported the inclusion of the crime of aggression under the jurisdiction of the International Criminal Court and encouraged Member States to join the Court, although criticism of the Court was also expressed. While some delegations welcomed the work of the International Impartial Independent Mechanism (IIIM) for Syria and the establishment of a similar mechanism for Myanmar, others criticized the creation of such mechanisms, underlining that the selective approach to prosecution of serious crimes was a source of instability. More generally, some delegations stressed the role of truth, justice and reconciliation mechanisms.
Generally, delegations were concerned about the problem of corruption and developing strategies to combat it while sharing examples of national efforts in this regard. Many delegations also expressed concern about the threat posed to the rule of law by the increased proliferation of hate speech and incitement to violence, while a number of delegations also noted the new challenges posed to the rule of law by climate change. Moreover, many delegations highlighted efforts in promoting gender equality and providing security and justice for women and girls, while some further underlined the importance of ending all forms of violence against women and girls. Some also suggested discussing the development of rules regarding cybersecurity. Overall, many delegations noted that the year marked the 70th anniversary of the Geneva Conventions.
Action taken by the Sixth Committee
At the 35th meeting, on 20 November 2019, the representative of Liechtenstein, on behalf of the Bureau, introduced a draft resolution entitled “The rule of law at the national and international levels” (A/C.6/74/L.13). At the same meeting, the Committee adopted draft resolution A/C.6/74/L.13 without a vote. After the adoption of the draft resolution, the representatives of the Syrian Arab Republic, the Russian Federation and Iran (Islamic Republic of) made statements in explanation of their position.
Under the draft resolution, the General Assembly would, inter alia, recall the high-level meeting of the Assembly held during the high-level segment of its sixty-seventh session and the declaration adopted at that meeting; encourage the Secretary-General and the United Nations system to accord high priority to rule of law activities; reaffirm its commitment to working tirelessly for the full implementation of the 2030 Agenda for Sustainable Development; recognize the role of multilateral and bilateral treaties and treaty processes in advancing the rule of law and encourage States to further consider the promotion of treaties in areas where international cooperation could benefit from treaties; call for the continuation of the dialogue initiated by the Rule of Law Coordination and Resource Group and the Rule of Law Unit in the Executive Office of the Secretary-General with Member States on the topic “Promoting the rule of law at the international level”; recognize the importance of the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law to the furtherance of United Nations rule of law programmes and activities; reiterate its request to the Secretary-General to ensure greater coordination and coherence among the United Nations entities and with donors and recipients; call for dialogue to be enhanced among all stakeholders with a view to placing national perspectives at the centre of rule of law assistance in order to strengthen national ownership; call upon the Secretary-General and the United Nations system to systematically address, as appropriate, aspects of the rule of law in relevant activities, including the participation of women in rule of law-related activities; recall the commitment of Member States to take all necessary steps to promote access to justice for all, and encourage further dialogue and the sharing of national practices and expertise in strengthening the rule of law through access to justice; invite Member States to voluntarily exchange national best practices on the rule of law in informal meetings and on an electronic depository of best practices on the United Nations rule of law website; and invite Member States to focus their comments during the upcoming Sixth Committee debate on the subtopic “Measures to prevent and combat corruption”.
Subsequent action taken by the General Assembly
This agenda item will be considered at the seventy-fifth session (2020).
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