Rule of Law
Expected Council Action
In January, Somalia is organising an open debate on “Reaffirming international rule of law: pathways to reinvigorating peace, justice, and multilateralism” under the “Promotion and strengthening of the rule of law in the maintenance of international peace and security” agenda item. Secretary-General António Guterres, Chairperson of the African Union Commission Mahmoud Ali Youssouf, and former judge of the International Court of Justice (ICJ) Abdulqawi Yusuf are possible briefers. The meeting will be the signature event of Somalia’s presidency.
Background
The Council held its first thematic debate on the rule of law in 2003. It has since held debates focusing on the rule of law on several occasions. During an open debate held on 19 January 2012, the Council received a briefing from then-Secretary-General Ban Ki-moon on his report on the rule of law and transitional justice in conflict and post-conflict societies. In a presidential statement adopted during that debate, the Council recognised that sustainable peace requires an integrated approach that strengthens the coherence among political, security, development, human rights, and rule of law activities.
On 19 February 2014, the Council convened for an open debate on the rule of law in peacekeeping operations. Two days later, the Council adopted a presidential statement underlining the importance of peacekeeping operations and special political missions supporting efforts to strengthen rule of law institutions in host countries within the scope of their mandates.
On 18 December 2020, the Council held an open debate on the “Promotion and strengthening of the rule of law: Strengthening the cooperation between the Security Council and the International Court of Justice”. A presidential statement adopted on 21 December 2020 recognised the positive contribution of the ICJ to the rule of law at the international level, as well as its key role in adjudicating disputes, defusing tensions, and restoring peaceful relations among states.
On 12 January 2023, the Council held an open debate on the “Promotion and strengthening of the rule of law in the maintenance of international peace and security: the rule of law among nations”. According to a concept note for the meeting, it was intended to provide “an opportunity to have a deeper discussion on how to take action, under the UN framework, to ensure international peace and security through the promotion of the rule of law” and to “reaffirm the meaning and role of the rule of law among nations and the common understanding that the rules to which all member states have agreed must be observed by all”.
Open debates on issues related to the rule of law have also been convened in recent years under the “Maintenance of international peace and security” agenda item. On 17 May 2018, the Council convened for an open debate on the “Maintenance of international peace and security: Upholding international law within the context of the maintenance of international peace and security”.
On 9 January 2020, the Council held an open debate on the topic “Maintenance of international peace and security: Upholding the UN Charter”. A presidential statement was adopted at the meeting, which, among other matters, called on member states to fully comply with the Charter and to raise public awareness of its importance in the maintenance of international peace and security.
Key Issues and Options
Key issues that might be raised during the open debate include:
- the role played by the rule of law in efforts to maintain international peace and security, including the work undertaken by peace operations related to the rule of law;
- the importance of compliance with international law and the need for accountability when violations occur;
- the relationship between the ICJ and the Council and the possibility of Council enforcement of ICJ judgments pursuant to Article 94 of the UN Charter; and
- the right of self-defence recognised in Article 51 of the UN Charter, the scope of that right, and reports to the Council regarding action taken in self-defence.
Somalia could choose to produce a chair’s summary capturing the main themes of the open debate and circulate it as an official UN document. Members could also consider whether there is a need to hold a follow-up meeting that specifically focuses on a particular issue raised during the open debate.
Council Dynamics
Council members regularly emphasise the importance of the rule of law and highlight the role that it can play in maintaining international peace and security. Several Council members support references to the need to uphold “international humanitarian law” in Council outcomes, although the US has sought to qualify this language with the term “as applicable” in negotiations. The prevailing difficult dynamics among Council members may mean that some members choose in the open debate to focus on specific issues that have proven particularly divisive, such as the conflicts in Gaza and Ukraine.
| Security Council Presidential Statements | |
| 21 December 2020S/PRST/2020/13 | This was a presidential statement on the ICJ and the rule of law at the international level. |
| 9 January 2020S/PRST/2020/1 | This was a presidential statement adopted during the ministerial-level debate on “Maintenance of international peace and security: upholding the UN Charter”. |
| 21 February 2014S/PRST/2014/5 | This presidential statement underlined the importance of support to strengthening the rule of law institutions of the host country by a number of peacekeeping operations and special political missions within the scope of their mandates. |
| 19 January 2012S/PRST/2012/1 | The Council adopted a statement on justice and the rule of law as “an indispensable element for peaceful coexistence and the prevention of armed conflict.” |
