Rule of Law: High-level Open Debate
On Monday (26 January), the Security Council will convene for a high-level open debate on “Reaffirming international rule of law: Pathways to reinvigorating peace, justice, and multilateralism”. The meeting will be held under the agenda item “The promotion and strengthening of the rule of law in the maintenance of international peace and security”. Secretary-General António Guterres, Chairperson of the African Union (AU) Commission Mahmoud Ali Youssouf, and former judge of the International Court of Justice (ICJ) Abdulqawi Yusuf are expected to brief. Somali President Hassan Sheikh Mohamud will chair the meeting, which is the signature event of Somalia’s presidency this month.
Somalia has prepared a concept note for the open debate, which refers to the important role played by the rule of law in both the maintenance of international peace and security and multilateralism more broadly. It also underscores the significance of the rule of law for member states that have experienced conflict and inequality, including in Africa, while highlighting concerns regarding selective accountability and disproportionate scrutiny.
The concept note further argues that repeated breaches of international law in recent armed conflicts have created the perception that the international rule of law is being eroded, while noting that this perception fuels distrust and ultimately contributes to a gradual weakening of the rule of law. It also says that the international rule of law is premised on three principles enshrined in the UN Charter: faith in fundamental human rights; equal rights and self-determination of peoples; and the general prohibition on the use of force.
Council members and the wider membership are expected to highlight the importance of upholding the UN Charter during Monday’s meeting. In discussing this issue, some member states may refer to specific principles set out in the Charter, including the general prohibition on the use of force outlined in Article 2(4) and the principle of sovereign equality. Council members and the wider membership may use the open debate as an opportunity to draw a link between these principles and developments on specific files, including the 3 January US military operation in Venezuela; the conflict in Gaza; Israeli and US military operations targeting Iran’s nuclear programme; Israel’s recognition of Somaliland, a breakaway region in northern Somalia; and Russia’s invasion of Ukraine in March 2022.
Members are also likely to mention the obligation to settle disputes peacefully, which is referred to in Article 2(3), and the important role that it plays in efforts to promote the international rule of law. In this context, some members might urge member states to submit the legal aspects of their disputes to international courts and tribunals, including the ICJ, and call on states to comply with the decisions of these bodies. Member states may also choose to note that the Council has the power to enforce ICJ judgments under Article 94 of the Charter.
The ICJ has made several orders indicating provisional measures in recent years that may fall within the purview of Article 94, although member states hold differing views as to whether Article 94 applies to provisional measures. On 26 January 2024, the ICJ issued an order indicating provisional measures in proceedings instituted by South Africa against Israel alleging violations of the Genocide Convention. Among other matters, the order required Israel to take all measures within its power in relation to Palestinians in Gaza to prevent the commission of acts within the scope of Article II of the Genocide Convention, such as killing and causing serious bodily or mental harm. On 16 March 2022, the ICJ indicated provisional measures in proceedings instituted by Ukraine against Russia under the Genocide Convention. Among other matters, the order directed Russia to suspend the military operations that it commenced on 24 February 2022 in Ukraine.
Participants are likely to focus on the role that the Council and other UN organs can play in promoting the international rule of law. Some may urge the Council to fulfil its mandate under the Charter and take action to promote compliance with international law. Participants are also likely to call for reform of the Council and strengthening of other UN organs that work on issues relating to the rule of law.
Some participants might refer to the increasingly frequent breaches of international law in some files on the Council’s agenda, including violations of international humanitarian law, international human rights law, and international criminal law, while calling for an end to impunity and greater accountability for perpetrators and expressing support for the work of the International Criminal Court (ICC). Participants could choose to highlight specific examples where violations have occurred, such as Gaza, Sudan, Afghanistan, Iran, and the Democratic People’s Republic of Korea (DPRK). Members may also mention the ongoing work on a draft treaty on the prevention and punishment of crimes against humanity. On 4 December 2024, the General Assembly decided to convene the UN Conference of Plenipotentiaries on Prevention and Punishment of Crimes against Humanity in 2028 and 2029, which will aim to elaborate and conclude the draft treaty. The preparatory committee for this conference is currently taking place and is scheduled to conclude on 30 January.
Some Council members might highlight the linkages between the rule of law and other issues, including conflict prevention and sustainable development. Participants may also underscore the importance of incorporating tasks relating to the rule of law into the mandates of UN peace operations.
Somalia circulated a draft presidential statement on the rule of law on 17 January. Following one round of consultations and written comments, the draft was withdrawn on 22 January. It appears that the US indicated that it was opposed to the text during bilateral discussions.
According to the concept note, the objective of Monday’s meeting is to reaffirm the importance of the international rule of law for the maintenance of international peace and security and identify ways in which it can be fortified. Participants are invited to address the following guiding questions:
- What proactive regional and global strategies should be developed and implemented to address emerging threats to the international rule of law, and how can lasting collaborative frameworks be created to identify, prevent, and counter such challenges in the coming decades?
- What actions may be undertaken by the Security Council, and the UN in general, to bolster the international rule of law and prevent its erosion?
- Which currently underutilised provisions of the Charter and the constitutive acts of regional organisations should be better enforced to strengthen the rule of law amid growing interstate conflicts, including in Africa, and to contribute to a more effective maintenance of international peace and security around the world?
- In what ways can the various organs of the UN more effectively coordinate and mobilise their respective mandates to promote coherence, enhance impact, and advance the rule of law among nations? What structural, political, technical and resource barriers prevent this coherence? What pragmatic institutional and process-oriented reforms would overcome such barriers?
