Statement by Mr. Muhammad Rafiuddin Shah Counsellor, Permanent Mission of Pakistan to the United Nations New York Agenda Item 83: “The Rule of Law at National and International Levels”

Mr. Chairman,

My delegation aligns itself with the statement made by the distinguished Representative of the Islamic Republic of Iran on behalf of the Non-Aligned Movement.

  1. We thank the United Nations Secretary-General for his first report on the Rule of Law: document A/64/298. We have noted that the report provides somewhat sketchy overview of the topic under-consideration, during the current session of the General Assembly, "Promoting the Rule of Law at International Level". The report explores in some detail issues related to rule of law at national level, which is equally important.
  2. We welcome the establishment of the Rule of Law Coordination and Resources Group, being led by the Deputy-Secretary-General and supported by the Rule of Law Unit. The Group and the Unit are expected to “coordinate and bring coherence” in the United Nations Rule of Law work, which we believe, is an uphill task. We, however, assure the Deputy-Secretary-General of our full support in this regard.

Mr. Chairman,

  1. The International community's efforts to define and implement the rule of law have moved at tandem with the evolution of human society. The evolution of our societies has also promoted respect for rule of law at international level, which is a prerequisite to the promotion of respect for sovereign equality of States. It is also central to the concept of global peace and security and promotion of fair practices in the struggle for social and economic justice.
  2. Upholding of the principles of justice and the rule of law is essential for the maintenance of order at the inter-state and intra-state levels, as the national and international rule of law regimes are inter-linked and over-lapping. The national rule of law strategies must be complimented by the international rule of law strategies. The inconsistencies in the application of rule of law at these two levels must also be eliminated.
  3. The practice of rule of law at international level can not be compartmentalized under the United Nations or other titles. It is based on “integrated and mutually-reinforcing systems and concepts” which must be interpreted and implemented collectively.

Mr. Chairman,

  1. The United Nations is seen as a beacon of hope and justice in many parts of the world. It is our premier peace-building institution. It has peace building commitments, post conflict stabilization responsibilities, and broad and diverse expertise in the field of rule of law. It has programmes in over one hundred twenty (122) countries and rule of law related programme in about thirty (30) countries. Above all, it is the most important trend setting Member State institution at the international level and enjoys unique symbolism.
  2. The United Nations should, therefore, play a lead role in upholding and promoting the rule of law by setting examples. Concerted efforts should be made to ensure that the resolutions and decisions of the Security Council are implemented uniformly and without discrimination, irrespective of their adoption under Chapter VI or Chapter VII of the UN Charter. Selective implementation must be avoided as it creates an unjust environment, which deepens conflicts and compounds sufferings of peoples. It also erodes confidence in the system and undermines credibility of the organization.

Mr. Chairman,

  1. The abhorrent practices encouraging impunity in cases of war crimes, genocide, and crime against humanity must be rejected. Those responsible for atrocities should be brought to justice. We support the mandates and work of the International Criminal Tribunals for Rwanda and the former Yugoslavia. These tribunals are playing an important role. They have shown that, within their scope, no one is above or beyond the reach of international law. Responsibility for war crimes, genocide, and crime against humanity must primarily include the leadership figures that set national policies in addition to those foot soldiers who carry out those policies.
  2. We also underscore the importance of international criminal justice system as a whole, which must be built on the principles of fairness, impartiality, and respect for state sovereignty.

Mr. Chairman,

  1. The international judicial institutions need to be strengthened to promote adherence to the principles of the UN Charter and international law. The use of international judicial institutions should also be promoted for pacific settlement of disputes as enshrined in Article 33 of the United Nations Charter. In this regard the Security Council should make the best possible use of the International Court of Justice. Situations posing a threat to international peace and security must be dealt by the United Nations, especially by the Security Council, in line with the principles of the Charter. In particular, the use of force should be consistent with the Charter’s principles relating to collective security.

Mr. Chairman,

  1. The commitment we make to strengthen and advance the international rule of law will be a lasting legacy for future generations. Today’s discussion advances our dialogue on this essential need of humanity. We have no doubt that the General Assembly would continue to follow this subject with the commitment and seriousness that it deserves.

I thank you Mr. Chairman.