Pakistan Mission to United Nations
Statement In Security Council
By H.E. Khurshid M. Kasuri Foreign Minister of Pakistan - “Justice and the
Rule of Law: The UN Role” (24 September 2003)
Mr. President,
- I thank the UK, President of the Security Council, for this timely
initiative, for organizing today’s Ministerial meeting. The issue of
“justice and the rule of law” is important and most relevant to the work of
the UN and the Security Council.
- We also thank the Secretary-General for his important contribution,
which highlights the expertise within the UN system which will stand us in
good stead in the future.
Mr. President,
- The quest for defining and then implementing justice and the rule of law
has been central to the march of civilization. It is critical to the
realization of social and economic justice, and for the implementation of
political, economic, cultural, religious and environmental rights.
- Establishing the principles of justice and the rule of law is essential
for the establishment and maintenance of order at the inter-state and
intra-state level. Faithful application of these principles strengthens the
system, while failure entails serious and often tragic consequences.
- The relevance of justice and rule of law for international peace and
security is also self-evident. Situations posing a threat to international
peace and security must be dealt with by the United Nations, primarily the
Security Council, in line with the principles enshrined in the UN Charter.
In particular, the use of force should be consistent with the Charter’s
principles relating to collective security.
- The framers of the UN charter placed the pacific settlement of disputes
ahead of enforcement measures. In our quest for justice and rule of law at
the international level, we must respect the framers’ intent and fully
operationalize the mechanisms provided for the peaceful settlement of
international disputes.
- The resolutions and decisions of the Security Council must also be
implemented uniformly and without discrimination, and also with equal force
irrespective of their falling within Chapter VI or Chapter VII. Selective
implementation creates an unjust environment, deepening conflicts and
compounding the suffering of the people. It erodes confidence in the system
and undermines the UN’s credibility.
- We must also ensure consistent application of the international human
rights and humanitarian law, and all the provisions of the Geneva
Conventions. The international tribunals set up by the Security Council are
playing an important role. They have shown that, within their scope, no one
is above or beyond the reach of international law. We stress that impunity
for serious crimes against humanity, including genocide, must come to an
end. Responsibility for such violations must go up in the chain of command.
Appropriate mechanisms should be created towards this end.
- The international community has set new standards in dealing with the
violators of international humanitarian law in Bosnia. These standards must
be applied equally to other conflict situations, especially where people are
under occupation or alien domination.
- The situation in the occupied Jammu and Kashmir is a case in point,
calling for the urgent attention of the international community. Over the
past thirteen years, more than 80,000 Kashmiris have been killed and
thousands wounded by the Indian security forces. There are innumerable cases
of torture, rape and extrajudicial killings. No one has ever been prosecuted
in a real manner, despite the fact that such crimes have been extensively
documented by international human rights organizations. Justice for the
people of occupied Kashmir requires an end to impunity for these crimes, and
their closure through the realization of their UNSC mandated right of
self-determination.
- We are all familiar with the dictum: “If you want peace, work for
justice.” This applies, in great measure, to the situation in Kashmir and
Palestine.
Mr. President,
- The Security Council has in recent years contributed to various
aspects of justice and rule of law. This is reflected in the measures
and norms instituted for the protection of civilians in armed conflict,
DDR (disarmament, demobilization, reintegration) programs within the
context of peacekeeping operations, and strengthening of international
criminal justice. The Council and the international system must continue
to build on these efforts.
Mr. President,
- Justice and the rule of law play a really crucial role in societies
emerging from conflict. In this context, financing of the reconstruction
process is a critical area where much more needs to be done. The need for
rebuilding national institutions and necessary infrastructure cannot be
overstated, such as in Afghanistan and now in Iraq. Generous international
assistance and expertise should not only be committed, but also fully
delivered to post-conflict societies to create a new legal and
constitutional framework, a new security and judicial structure, and in
refurbishing law-enforcement capacities. Failure to provide such financial
and technical support can unravel efforts for the restoration of peace and
security and even cause a relapse of conflict.
- The desired objectives in conflict and post-conflict situations can be
significantly advanced with greater coordination within the UN system, in
particular among major organs like the Security Council, ECOSOC, and taking
into account ICJ judgments and advisory opinions. Pakistan has already
proposed the establishment of ad hoc composite committees to address the
complex crises in the African continent in their political, economic and
social dimensions. Consideration should also be given to the creation of a
separate unit to assist post-conflict states in the re-construction of their
judicial systems.
Mr. President,
- 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 the humanity. We have no
doubt that the Council would continue to follow this subject with the
commitment and seriousness that it deserves.
I thank you, Mr. President.
New York
24 September 2003