Statement by H.E. Ambassador Maria Luiza Ribeiro Viotti,
Permanent Representative of Brazil
to the United Nations
"The promotion and strengthening of the rule of law in the
maintenance of international peace and security"
29 June 2010
complace darle la bienvenida al Consejo de Seguridad y verlo presidir la
sesión de hoy. Nos congratulamos con Mexico por la organización de
este debate abierto, que trata de tema de gran importancia para la labor
cotidiana del Consejo de Seguridad.
thank the Deputy Secretary-General, Ms. Asha-Rose Migiro, for her
statement and for her leadership on this issue. I also thank
Under-Secretary-General Patricia O’Brien for her very interesting
presentation, which reminded us of the many important dimensions of the
rule of law, the implications of the increasing trend toward an
international rule of law.
international system based on legal principles and norms is simply
indispensable to ensure lasting peace and security. Outside the
boundaries of international law, there can be no justice and friendly
relations among States, much less cooperation for the good of the
billions of individuals we represent.
I will address the three main topics suggested in the concept paper
prepared by your delegation for this debate, namely the promotion of the
rule of law in conflict and post-conflict situations; international
justice and peaceful settlement of disputes; and the efficiency and
credibility of sanctions regimes.
Security Council, as the organ of the United Nations entrusted with the
primary responsibility for the maintenance of international peace and
security, is expected to help ensure the effective implementation of
means first and foremost ensuring the compliance with its own
resolutions. It also implies upholding the international law applicable
to conflict situations. This is an obligation that the Security Council
should strive to consistently fulfill on all issues on the agenda. Our
challenge, therefore, is to reconcile the political nature of this body
with the imperative to strengthen the rule of law. In fact, there is no
opposition between the two goals: in the long-term, the observance of
international law serves the interests of all of us.
need to restore and sustain the rule of law is even more evident in
post-conflict situations. In worn-torn societies, fragile national
institutions usually hamper the consolidation of the rule of law. It is
important that the international community is able to assist national
efforts to reestablish state institutions. In the context of such an
effort, my delegation greatly values the measures that have been taken
to include the perspective of the rule of law in United Nations
activities, including the creation of the Rule of Law Coordination and
Resource Group as well as the Rule of Law Unit.
bodies have worked for the settlement of disputes, thus avoiding the
occurrence of possible deadly conflicts. Among them, the International
Court of Justice has a particular importance as it adjudicates very
sensitive cases and thus contributes significantly to the maintenance of
international peace and security.
International Criminal Court also deserves special mention. It has
become a powerful tool against impunity and, therefore, a means of
prevention. The deterrent effect is a central part of the work of the
Court and probably its most important contribution to the maintenance of
international peace and security. If leaders and persons vested with
authority around the world understand that they are not above
international law, they will probably use power in a manner less likely
to cause instability and conflict and, therefore, violence.
as the jurisdiction of the Court is complementary to national criminal
jurisdictions, States still have the primary responsibility of bringing
to justice those responsible for the most serious crimes. This approach
has led many States to enact appropriate legislation concerning those
crimes, which in turn contributes significantly to the maintenance of
international peace and security.
positive note on the Court is the important outcome of the first Review
Conference of the Rome Statute, in Kampala. The Conference highlighted
the strong commitment of the international community to the Court and
resulted in a historic agreement on the definition of the crime of
aggression and the trigger mechanisms for the exercise of jurisdiction
by the Court over one of the most serious crimes. It is our expectation
that in 2017 States Parties will agree to activate the agreed
may play a role in efforts to maintain international peace and security.
But they should be used sparingly and wisely and never to the detriment
of negotiated solutions to differences. As highlighted in the document
annexed to Resolution 64/115 of the General Assembly, they should be
carefully targeted in support of clear and legitimate objectives and be
implemented in ways that balance effectiveness to achieve the desired
results against possible adverse consequences, including socio-economic
and humanitarian consequences. It is worth reminding that the purpose of
sanctions should be to modify the behaviour of the target State, party,
individual or entity threatening international peace and security. It
must never be an indirect or undeclared means to cause regime change,
punish or otherwise exact retribution. The furthest we depart from these
concepts, the least legitimacy and effectiveness sanctions will have.
devising and implementing sanctions regimes, the Security Council should
avoid adverse effects for individuals and entities not targeted or third
States. When sanctions include measures against certain individuals or
entities, listing and delisting procedures need to be clear and fair,
and to observe the due process of law. There have recently been
important improvements in this regard, especially in the 1267 sanctions
regime, related to Al-Qaida and the Taliban. Further efforts will have
to be made to ensure the Security Council continues to fully respect
fundamental freedoms and human rights.
believe the strict observance of international law is closely linked to
long-lasting peace and security. Efforts made in that regard merit our
unwavering support. We hope they will be sustained and expanded
throughout the UN system.