Sixth Committee (Legal) — 78th session
The rule of law at the national and international levels (Agenda item 83)
- 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-seventh session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by the Deputy Secretary-General of the United Nations and by 85 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 “Using technology to advance access to justice for all” (resolution ).
Consideration at the seventy-eighth session
The Sixth Committee considered the item at its 15th to 19th, 37th meetings, on 17, 18 and 19 October and 17 November 2023 (see , , , , and ).
At the 16th meeting, on 17 October 2023, the Deputy Secretary-General of the United Nations made a statement.
Statements were made by the representatives of Islamic Republic of Iran (on behalf of the Non-Aligned Movement), the European Union (also on behalf of its member States (the candidate countries Türkiye, Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova and Bosnia and Herzegovina, the potential candidate country Georgia, as well as Monaco and San Marino aligned themselves with the statement)), the Kingdom of the Netherlands (on behalf of the Justice Action Coalition), Austria (on behalf of the Group of Friends of the Rule of Law), the Bolivarian Republic of Venezuela (on behalf of Group of Friends in Defense of the 缅北禁地Charter) [in English], Jordan (on behalf of the Arab Group), the Philippines (on behalf of ASEAN), Denmark (on behalf of the Group of Nordic Countries), Canada (on behalf of CANZ) [in English], Latvia (on behalf of Estonia, Latvia and Lithuania), Singapore, Liechtenstein, Guatemala, Uganda (on behalf of the African Group), the United States of America, Brazil, Belarus, Switzerland, the Islamic Republic of Iran, Ecuador, Sri Lanka, Mauritania, Thailand, the United Kingdom of Great Britain and Northern Ireland, Argentina, Costa Rica, Slovenia, Peru, Colombia, China, Egypt, the Philippines, South Africa, Sudan, Qatar, Viet Nam, Pakistan, Cuba [in English], Nicaragua, Cameroon, Ghana, the Russian Federation, Nepal, Burkina Faso, Maldives, Nigeria, Djibouti, the Plurinational State of Bolivia, Eritrea, Senegal, India, Tunisia, Armenia, Georgia, the Lao People's Democratic Republic, Brunei Darussalam, Mexico, the Dominican Republic, Guinea,?Botswana, Indonesia, Oman, Ethiopia, Zambia, Romania, Chile, Paraguay, Saudi Arabia, El Salvador, the Republic of Korea, Uruguay, Algeria, Myanmar, the Syrian Arab Republic, Equatorial Guinea, Guyana, Japan, Kenya, Uganda, Mozambique, the ?United Arab Emirates,?Azerbaijan,?Lebanon,?Sierra Leone, Morocco,?Malaysia,?Angola, Kuwait and?Congo.
Statements were also made by the observers for the?State of Palestine, the?Holy See, the?International Development Law Organization?and the?European Public Law Organization.
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 New Vision of the Secretary-General for the rule of law, which promotes a people-centred, gender-sensitive and forward-looking approach by the United Nations system. Some delegations expressed concern about the global decline in the rule of law, which was highlighted in the report.
At the same time it was reiterated that the report should cover the national and international dimensions of the rule of law in equal proportions. Some delegations raised the concern that certain points addressed in the report were not directly relevant to the rule of law and requested that future reports on the agenda item be presented in a more objective, neutral, and balanced manner.
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, the importance of legal assistance programs at the national level was emphasized.
Some delegations noted the importance of 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. The need to promote and respect international law, including human rights and humanitarian law rules was also emphasized. A call was made 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 and multilateralism in advancing the rule of law at the international level.
With respect to this year’s subtopic “Using technology to advance access to justice for all”, several delegations observed that technologies could be valuable to promote rule of law. Some delegations emphasized the importance of digitalization of justice systems and recalled national efforts made to this end. Some delegations also noted that technology has the potential to improve access to judicial mechanisms and legal information, as well as to ensure accountability and help collect evidence. It was recognized that digitalization of justice systems should be undertaken in accordance with human rights and data protection law standards. The need to improve digital literacy was emphasized. A call was made for more capacity building in information and communication technologies with a view to bridge the gap between States. While some delegations noted that artificial intelligence could be a valuable tool for making justice systems more equitable and accessible, a call was made to address the risks associated with the use of artificial intelligence to safeguard individuals’ rights. Relatedly, the Secretary General’s initiative to create a High-Level Advisory Body on Artificial Intelligence was welcomed.
Some delegations highlighted efforts made in promoting gender equality and providing security and justice for women and girls and further underlined the importance of ending all forms of sexual and gender-based violence and discrimination. 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 emphasized the need for enhanced initiatives 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 also emphasized. Some 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.
Several delegations further expressed their support for the International Criminal Court and encouraged Member States to become parties to the Rome Statute. 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.
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.
Archived videos and summaries of plenary meetings
(17 October 2023, 10:00am – 11:30pm) | Summary
(17 October 2023, 3:00pm – 6:00pm) | Summary
(18 October 2023, 12:00pm – 1:00pm) | Summary
(18 October 2023, 3:00pm – 6:00pm) | Summary
(19 October 2023, 10:00am – 1:00pm) | Summary
(17 November 2023, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 37th meeting, on 17 November 2023, 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 same meeting 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-ninth 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 “The full, equal and equitable participation at all levels in the international legal system”.
Subsequent action taken by the General Assembly
- Report of the Sixth Committee:
- GA resolution:
This agenda item will be considered at the seventy-ninth session (2024).
