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Mr. President,
I wish to thank President Shi Jiuyong for presenting the Report of the
International Court of Justice on its work during the past year contained in
document A/60/4. I also thank him for his briefing on the role and functioning
of the Court.
Mr. President,
2. Justice and rule of law is the key to an orderly international society. The
need for international legal order and justice was never as acutely felt as
today. Justice and fairness have become an integral requirement of modern day
existence. It is critical to the realization of all human rights. This is the
essential prerequisite for the realization of the noble aspirations of peace,
equality and justice.
3. The Charter of the United Nations, under Chapter VI, offers vast
possibilities for the United Nations and its organs to play an important role in
the pacific settlement of disputes and conflict prevention. Yet these
possibilities remain grossly under-utilized. There has been a marked increase in
excessive and immediate resort to Chapter VII, including on issues that do not
necessarily pose a threat to international peace and security. At the same time,
the Charter provisions for pacific settlement have not been fully exhausted.
4. The International Court of justice occupies a special place in the UN system
as its principal judicial organ. As the report of the ICJ notes, it is ‘the only
international court of a universal character with general jurisdiction’. Article
36, paragraph 3 of the Charter clearly sets out the role of the Court in the
settlement of disputes.
5. Since its inception, the Court has performed its tasks with great skill.
However, the potential of the Court, as the main forum for the settlement of
disputes and advisory opinions, through its contentious and advisory
jurisdiction remains largely unutilized. More than 300 bilateral and
multilateral treaties provide for the Court to have jurisdiction in the
resolution of disputes arising out of their application or interpretation.
However, only 65 countries, including Pakistan, have accepted the compulsory
jurisdiction of the Court in accordance with Article 36, paragraph 2 of the
Statute of ICJ. Recourse to the Advisory jurisdiction of the Court has also been
quite rare.
6. We will need to consider ways and means to ensure greater utilization of the
services the Court can provide. On this occasion, I would like to make a few
specific comments on the work of the Court:
i. We have noted the increase in the work load of the Court since 1990 and
particularly since 1997. We have also noted the difficulties the Court is facing
in holding hearings in all pending cases directly after the closure of the
written proceedings due to the increase in the number and complexity of cases
before it.
ii. We appreciate the continued efforts of the Court to cope with its work load
through rationalization of the work of the Registry, greater use of information
technology, improvement of its working methods and through securing greater
collaboration from the parties in relation to its procedures. We have noted the
efforts of the Court to shorten and simplify proceedings, including through the
revision of its Rules and by improving its internal functioning.
iii. Consideration should also be given to some important recommendations
contained in the ‘Agenda for Peace’ about the ICJ, such as
a. All States should make more frequent use of the jurisdiction of the
International Court of Justice, consistent with Article 36 of its Statute;
b. When submission of a dispute to the full Court is not practical, the Chambers
could be used; and
c. Consideration should be given as to whether the Secretary General should be
duly authorized by the General Assembly to request advisory opinions in matters
pertaining to his functions under the Charter.
iv. In case of non-compliance with the judgments of the Court, Article 94(2) of
the Charter sets out a procedure to address such situations. The Secretary
General through his good offices and upon request of the Party or the Parties
concerned should play an ever more active role in facilitating and securing the
due implementation of the judgment.
v. The Security Council should use much more frequently its powers under
Articles 36 and 37 of the Charter to recommend that legal disputes should as a
general rule be referred to the ICJ.
vi. We believe that the Court should have at its disposal all the resources
necessary to perform the tasks assigned to it. The General Assembly should
provide the Court with the resources needed to perform its work effectively and
efficiently. We hope that the General Assembly would give positive consideration
to the Court’s request in its 2006-07 budget submission for a new senior
professional post for the Head of its Computerization Division.
Mr. President,
7. Allow me to make a few general remarks on this occasion:
i. All UN member States should advance the concept of the non use of force and
peaceful settlement of disputes as a means of achieving collective security in
accordance with the purposes and principles of UN Charter. They should always
act in accordance with the principles enshrined in Article 2 paragraphs 3 and 4
of the Charter.
ii. The parties to any dispute must assume their responsibilities to settle
their disputes peacefully as required under the Charter and make the most
effective use of the mechanisms, procedures and methods for pacific settlement
as contained in the Charter. They must show the necessary political will to
ensure the success of pacific settlement of disputes.
iii. The idea of promotion of dialogue among civilizations and culture of peace
could greatly contribute in the maintenance of international peace and security.
I would also like to mention in this context the strategy of Enlightened
Moderation proposed by President Musharraf of Pakistan to deal with issues such
as extremism and terrorism through a broad range of measures at different
levels.
iv. Member states should promote the realization by the peoples under colonial
and other forms of alien or foreign occupation, of their inalienable right to
self-determination, freedom and independence, in accordance with the Charter of
the United Nations.
Mr. President,
8. The quest to define and, subsequently, to implement justice and the rule of
law has been central to the march of civilization. The rule of law can be
strengthened if the principles laid down in the UN Charter for the pacific
settlement of disputes are adhered to, international human rights norms are
applied consistently and Security Council resolutions are implemented
faithfully.
9. The commitment we make to strengthen and advance the international rule of
law will be a lasting legacy for future generations. We stand ready to fully
contribute to the work of the Court in the realization of such a commitment
Thank you.