Sixth Committee (Legal) — 77th session
The rule of law at the national and international levels (Agenda item 84)
- Authority:
Documentation
- — Report of the Secretary-General: Strengthening and coordinating United Nations rule of law activities
- — Draft resolution
Summary of work
Background (source: )
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 (). The Assembly has had the item on its agenda since its sixty-first session (resolutions , , , , , , (declaration of the high-level meeting of the General Assembly on the rule of law at the national and international levels), , , , , , , , , and ).
At its seventy-sixth 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 76 delegations (see –). 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 , 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 “The impacts of the global coronavirus disease (COVID-19) pandemic on the rule of law at the national and international levels” (resolution ).
Consideration at the seventy-seventh session
The Sixth Committee considered the item at its 6th to 9th, 32nd and 34th meetings, on 6, 7 and 10 October and 3 and 7 November 2022 (see , , , , and ).
At the 6th meeting, on 6 October 2022, the Deputy Secretary-General of the United Nations made a statement.
Statements were made by the representatives of Iran (Islamic Republic of) (on behalf of the Non-Aligned Movement), Austria (on behalf of the Group of Friends of the Rule of Law), the European Union (also on behalf of its member States (the candidate countries 罢ü谤办颈测别, North Macedonia, Montenegro, Serbia, Albania, Ukraine and the Republic of Moldova, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Georgia and San Marino, aligned themselves with the statement)), Venezuela (Bolivarian Republic of) [in English] (on behalf of the Group of Friends in Defense of the Charter of the United Nations), Costa Rica (on behalf of Justice Action Coalition), Cambodia (on behalf of the Association of Southeast Asian Nations), Iceland (on behalf of the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), New Zealand (on behalf of CANZ), Singapore, Pakistan, India, Liechtenstein, Colombia, Belarus, Morocco (on behalf of African Group), Israel, Nicaragua, the United States of America, Nepal, El Salvador, Mexico, Egypt, Brazil, Mozambique, Guatemala, Iran (Islamic Republic of), Paraguay, Equatorial Guinea, Sierra Leone, Slovenia, Switzerland, Cameroon, VietNam, Lebanon, Argentina, Ecuador, Senegal, the Philippines, the Republic of Korea, Georgia, Myanmar, South Africa, Sri Lanka, the Syrian Arab Republic, Kuwait, Eritrea, Saudi Arabia, Uganda, Qatar, Ethiopia, Cuba, Ukraine, the United Kingdom of Great Britain and Northern Ireland, Chile, 罢ü谤办颈测别, the United Republic of Tanzania, Sudan, Japan, Nigeria, the United Arab Emirates, Thailand, Algeria, Jordan, Indonesia, Azerbaijan, Niger, Timor-Leste, Zambia, the Lao People's Democratic Republic, Maldives, Uruguay, the Russian Federation, Oman, China, Honduras, Gabon, Peru, Morocco, Namibia, Mauritania and Venezuela (Bolivarian Republic of).
Statements were also made by the observers for the State of Palestine, the International Anti-Corruption Academy, the European Public Law Organization and the International Development Law Organization.
The representatives of Armenia, Azerbaijan, India and Pakistan spoke in the exercise of the right of reply.
Delegations generally thanked the Secretary-General for his report on “Strengthening and Coordinating the United Nations Rule of Law Activities” (), outlining efforts to uphold the rule of law at the national and international levels. Several delegations welcomed the decision of the Secretary General to develop a new vision for the rule of law, building upon Sustainable Development Goal 16 and the declaration of the high-level meeting of the General Assembly on the rule of law at the national and international levels of 2012 (resolution 67/1). A call expressed in the report for more networked, inclusive and effective multilateralism was also welcomed. At the same time it was mentioned that the report should cover the national and international dimensions of the rule of law in equal proportions and refrain from imposing universal standards on States. Several delegations also expressed opposition to the establishment, further to General Assembly resolution 73/304, of common international standards on the trade of goods used for capital punishment and torture, as referred to in paragraph 64 of the report.
In their general observations, many delegations highlighted their belief in the fundamental role of the rule of law. Its importance was emphasized in advancing the three pillars of the United Nations (i.e., peace and security, human rights and development) and in achieving the 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs), in particular Goal 16 and access to justice for all. In that regard, several delegations emphasized the importance of legal assistance programs at the national level.
Some delegations noted the need to shift towards a people-centered approach to the rule of law. 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, non-interference in domestic affairs and respect for the peaceful settlement of disputes. Several delegations condemned the aggression by the Russian Federation against Ukraine in violation of the United Nations Charter. The need to promote and respect international law, including human rights and humanitarian law rules was also emphasized. Some delegations called for increased accountability at the national and international levels for serious crimes committed under international law. Several delegations further highlighted the importance of international cooperation, democracy and multilateralism in advancing the rule of law at the international level. A view was also expressed that multilateralism was under threat.
Several delegations referenced and supported the subtopic for the seventy-eighth session proposed by the Secretary General in his report: “Using technology to advance access to justice for all”. Some alternative subtopics were also proposed.
With respect to this year’s subtopic “The impacts of the global coronavirus disease (COVID-19) pandemic on the rule of law at the national and international levels”, several delegations mentioned national measures aimed at overcoming the negative impacts of the global pandemic. The need for multilateral efforts at the international level was also emphasized. Some delegations recalled the important role of the World Health Organization. It was also noted that the global coronavirus disease pandemic revealed economic inequalities between States, and calls were made for equal access to vaccines.
Several delegations further expressed concerns over the effect that the pandemic-related measures had with respect to the rule of law and human rights. Several delegations emphasized the need for States to comply with their international obligations and ensure protection from arbitrariness at the national level while introducing pandemic response measures. In particular, the need to respect prisoners’ rights was emphasized. Some delegations proposed to consider introducing special measures to mitigate the pandemics effects on prisoners, such as early release from detention. Delegations also highlighted the particular need to ensure access to justice during the coronavirus disease pandemic and shared their domestic experience on the use of new technologies to overcome challenges posed by the sanitary restrictions. Several delegations called for more capacity-bridling on the use of technologies for enhancing justice systems. Support was expressed for the preparation of a universal instrument on global pandemics prevention, preparedness and response.
Several delegations also commented on other global challenges posed to the rule of law, including climate change, cybercrime and other risks associated with technological development. Some delegations highlighted efforts made in promoting gender equality and providing security and justice for women and girls. Several delegations further underlined the importance of ending all forms of violence against women and girls. Several delegations expressed concerns over corruption and emphasized the need to develop strategies to combat it, with some sharing their respective anti-corruption initiatives at the national level.
Some delegations expressed their appreciation for the capacity-building and technical assistance activities of the United Nations, while others underlined that enhanced initiatives were needed and called for more capacity-building programmes. At the same time, the need for the United Nations organs to remain objective and balanced in preparation of their reports was emphasized. Delegations also stressed the need to strengthen the central role of the General Assembly, while some also emphasized the need to reform the Security Council.
Several delegations acknowledged the significant contributions of the International Law Commission to the codification and progressive development of international law. Some delegations also expressed their appreciation of the Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law.
Delegations also expressed their support for the International Court of Justice (ICJ), especially its role in encouraging the peaceful settlement of disputes. Several delegations emphasized the value of rulings of international courts and tribunals, particularly those of the ICJ, and called for respect of their decisions. The importance of the pacific settlement of disputes and recourse to the ICJ through contentious and advisory proceedings was stressed. In this regard, the General Assembly and the Security Council were also called upon to exercise their power to request advisory opinions from the ICJ on any legal question, whenever appropriate. A number of delegations further called upon States to accept the compulsory jurisdiction of the ICJ.
Delegations further expressed their support for the International Criminal Court and encouraged Member States to become a party to the Rome Statute. Work performed by the Special Tribunal for Lebanon and the Residual Special Court for Sierra Leone was commended. While some delegations welcomed the work of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM) and the Independent Investigative Mechanism for Myanmar (IIMM), others criticized the creation of such mechanisms. A number of delegations also expressed their support for the work conducted by the International Tribunal for the Law of the Sea.
Delegations also noted the role of alternative forms of dispute resolutions, highlighting the importance of the truth, justice and reconciliation mechanisms, and called for victim-oriented justice and respect of the rights of victims.
Delegations also highlighted the role of international treaties, considering their observance as central in maintaining good relations among States and in upholding the rule of law at the international level. Some delegations also emphasized the importance of rules of customary international law.
Archived videos and summaries of plenary meetings
(6 October 2022, 3:00pm – 6:00pm) | Summary
(7 October 2022, 10:00am – 1:00pm) | Summary
(7 October 2022, 3:00pm – 6:00pm) | Summary
(10 October 2022, 10:00am – 1:00pm) | Summary
(3 November 2022, 10:00am – 1:00pm) | Summary
(7 November 2022, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 32nd meeting, on 3 November 2022, the representative of Mexico, on behalf of the Bureau, introduced the draft resolution entitled “The rule of law at the national and international levels” ().
At the 34th meeting, on 10 November 2022, the Committee adopted draft resolution without a vote. The representative of the Syrian Arab Republic spoke in explanation of position after the adoption of the draft resolution.
The draft resolution calls on the General Assembly to recall the 2012 high-level meeting of the General Assembly on the rule of law at the national and international levels, to take note of the report of the Secretary-General submitted pursuant to paragraph 41 of the declaration adopted at that meeting, and requests the Sixth Committee to continue its consideration of ways and means of further developing the linkages between the rule of law and the three pillars of the United Nations. The resolution also reaffirms the imperative of upholding and promoting the rule of law at the international level in accordance with the principles of the Charter of the United Nations and in this regard recalls the importance of the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations. The resolution further calls 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 and requests 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 of 11 December 2008, addressing, in a balanced manner, the national and international dimensions of the rule of law. The draft resolution further calls upon the General Assembly to include in the provisional agenda of its seventy-eighth session the item entitled “The rule of law at the national and international levels” and invites Member States to focus their comments during the upcoming Sixth Committee debate on the subtopic “Using technology to advance access to justice for all”.
Subsequent action taken by the General Assembly
- Report of the Sixth Committee:
- GA resolution:
This agenda item will be considered at the seventy-eighth session (2023).
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