The Philippines thanks Judge Abdulqawi Ahmed Yusuf, President of the International Court of Justice, for his in-depth report on the Court’s activities for the period August 2018 to July 2019.
Our delegation associates itself with the statement delivered by Azerbaijan on behalf of the Non-Aligned Movement.
This annual dialogue between the General Assembly and the ICJ reminds us that the Court – as the mandated principal judicial organ of the United Nations – is an essential part of the UN architecture on the maintenance of international peace and security, the very reason we are here at all.
The ICJ is therefore critical to the fulfillment of our peremptory duty, under Article 1, paragraph 1 of the UN Charter, “to bring about by peaceful means, and in conformity with the principles of justice and international law, the adjustment or settlement of international disputes or situations which might lead to a breach of the peace.”
The 1982 Manila Declaration on the Peaceful Settlement of International Disputes asserts the same commitment. It was negotiated and adopted by the General Assembly during the Cold War, when non-aligned countries sought to consolidate their political and economic independence. The Declaration expressed their aspiration by articulating the norms of the peaceful settlement of disputes outlined in Chapter VI of the UN Charter. It affirmed that judicial settlement is the central role of the Court.
We welcome the increasing workload of the Court, the broadening of subject matter of the cases brought before it, as well as the geographical diversity of States bringing cases before the Court. As the report indicates, the Court has before it 18 pending contentious proceedings and one pending advisory proceeding. Contentious cases pending involve five African States, seven Asian States, nine American States and five European States. The breath of cases submitted cover territorial and maritime disputes, diplomatic and consular rights, economic relations, human rights, international responsibility and compensation for harm, and interpretation and application of international treaties and conventions.
Indeed, it is a most welcome “particularly high level of activity.” This is a show of trust and confidence by States in the Court’s critical role in peaceful settlement of disputes and promotion of the rule of law. The speedier resolution of disputes before the Court is no doubt a factor in this increased resort to the ICJ; as is the determination of the Court not to be swayed by political pressure or to politicize cases, unlike other international courts.
We stress that this show of trust and confidence must be accompanied by the commensurate budget and funds necessary for the proper functioning of the Court.
The Philippines has recognized the compulsory jurisdiction of the Court since 1972. We renew our call on other States to do the same.
The relationship between the Court and the Security Council is fundamental in the maintenance of peace and security. We call once again on the Security Council to seriously consider Article 96 of the UN Charter, and make greater use of the Court as a source of advisory opinions and of interpretation of relevant norms of international law. We note that the Security Council has not requested an advisory opinion from ICJ since 1970. This is tantamount to an assertion of collective sovereignty in acting as the exception to the global acceptance of the Court’s jurisdiction.
Beyond the exercise of its judicial and advisory powers, we welcome the Court’s role in promoting the rule of law through its academic and public outreach programs. We are pleased that the Court highlights its interest in young people through its proactive involvement in university events and through its Judicial Fellows programme. We will encourage our law schools to participate in this, and we support the proposal just announced for the establishment of a trust fund on this to enable participation of graduates from developing countries.
At the 7th Biennial Conference of the Asian Society of International Law held last August 22 to 23 – which was hosted by the Philippines for the first time -- we were privileged with the participation of Judge Yuji Iwasawa and retired Judge Hisashi Owada, former President of the ICJ and the first President of the Asian Society of International Law. Judge Iwasawa is the first sitting judge to visit our country in an official capacity. We express our deepest appreciation.
Our hosting of the Conference is manifestation of our support for the rule of law and international law, in general, and for the international judicial system led by the ICJ, in particular. The over 500 participants reflected on the theme “Rethinking International Law: Finding Common Solutions to Contemporary Civilizational Issues from an Asian Perspective”.
The UN Charter together with the Statute, jurisprudence and experience of the Court, was meant to give all states, including small nations, an equal chance for justice. The Philippines therefore reaffirms its full support for the Court.
Thank you.