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Info Service on UN Sustainable Development (Jan26/03) Penang, 27 Jan (Kanaga Raja) — Around the world, “the rule of law is being replaced by the law of the jungle”, amid flagrant violations of international law and brazen disregard for the United Nations Charter, UN Secretary-General Antonio Guterres warned on 26 January. The rule of law is a cornerstone of global peace and security, the key to friendly relations among the countries and regions of the world, as well as “the beating heart of the United Nations Charter”, the UN chief emphasized. He stressed that urgent reform is needed to strengthen the representation and effectiveness of the UN Security Council, warning that the erosion of the rule of law demands immediate action. In this regard, Mr. Guterres outlined three priorities for Member States: honouring the commitments they have already made, using the UN Charter’s dispute settlement mechanisms to prevent conflicts before they erupt, and upholding fair, independent judicial processes as a cornerstone of global peace and accountability. The UN Secretary-General’s remarks came in an address during a high-level open debate on reaffirming the international rule of law at the UN Security Council in New York. For 80 years the rule of law has helped humanity avoid a third world war – and eased the human toll in countless smaller conflicts, he said. The UN Charter – along with the Universal Declaration of Human Rights and the core human rights treaties, the Geneva Conventions, the Friendly Relations Declaration of 1970 and the Declaration on the Rule of Law of 2012 – have all contributed to a collective security system that is robust and resilient, the UN chief noted. He said this system prohibits the threat or use of force, binds all States – large and small – to the same rules, and also respects the principles of sovereignty, political independence and the territorial integrity of states. For smaller and less-powerful countries, and those suffering from historical inequities and the damaging legacies of colonial rule, international law is a lifeline promising equal treatment, sovereignty, dignity and justice, the UN chief emphasized. Mr. Guterres said for powerful countries, “it is a guardrail defining what is acceptable, and what is not, in times of disagreement, division and outright conflict.” He said the founders of this Organization understood that global problems can only be solved by wielding not the weapons of war, but instead the tools of diplomacy, supported by a system based on international law, and by dialogue – not the zero-sum rhetoric of division – as well as by collaboration and not geopolitical competition. In 2024, Member States adopted the Pact for the Future, which included a commitment to act in accordance with international law and fulfill obligations in good faith, he noted. “But words are not being matched with action. Around the world, the rule of law is being replaced by the law of the jungle,” said Mr. Guterres. “We see flagrant violations of international law and brazen disregard for the UN Charter. From Gaza to Ukraine, and around the world, the rule of law is being treated as an a la carte menu,” he added. “We see States flouting the rule of law with impunity: Through the illegal use of force, the targeting of civilian infrastructure, human rights violations and abuses, the illegal development of nuclear weapons, unconstitutional changes of government, and the denial of lifesaving humanitarian aid.” These violations set dangerous precedents, encouraging other countries to do what they want, instead of what they are required to do under international law, he warned. Furthermore, he said “they breed mistrust and division among nations and they undermine people’s faith in our ability to find solutions together.” He urged the need to get back on track eight decades after the multilateral system was created, with the Security Council leading the way. “The rule of law is foundational to the United Nations and our mission of peace”, the UN chief said, adding that he is determined to keep driving the relentless push for just and sustainable peace – one that is firmly anchored in international law and endures because it tackles the root causes of conflict, not just its symptoms. “Too many crises today persist in limbo – fragile ceasefires, stalled processes, or agreements that evaporate the moment the ink dries,” he noted. “The rule of law is also foundational to our work here in this chamber. In an era crowded with initiatives, the United Nations Security Council stands alone in its Charter-mandated authority to act on behalf of all Member States on questions of peace and security,” the UN chief told participants during the open debate at the Security Council. The Security Council alone adopts decisions binding on all. No other body or ad-hoc coalition can legally require all Member States to comply with decisions on peace and security, said Mr. Guterres. Pointing out that only the Security Council can authorize the use of force under international law, as set out in the UN Charter, he said that its responsibility is singular and that its obligation is universal. “That is why reform is essential. That is why we must act without delay to enhance the representation and effectiveness of this Council,” he stated. Looking ahead on questions of the rule of law, the Secretary-General suggested three areas where Member States and the Security Council can take action. First, he said that countries must keep their promises, stressing that the purposes and principles of the United Nations Charter are not optional. “All countries have an obligation to uphold them: To settle disputes peacefully. To safeguard the human rights and dignity of all people. To act in conformity with international law. And to adhere to the letter and the spirit of the principles of self-determination of peoples and the sovereign equality of Member States.” The collective security system requires trust and the best way to reinforce trust is for all countries to meet their commitments under international law, he underlined. Second, Mr. Guterres urged Member States to make full use of the dispute-settlement mechanisms spelled out in the UN Charter to prevent conflicts from starting in the first place. The UN chief reminded the Council that the best – and often only – pathway to peace depends on the hard work of negotiation, enquiry, mediation, conciliation, arbitration and other means set out in Article 33 of the Charter. “Preventing conflicts also means building strong partnerships with regional organizations, in accordance with Chapter 8 of the Charter.” In this regard, he said Security Council Resolution 2719 set a good example – by establishing a framework for predictable financing of African Union-led peace support operations authorized by the Security Council through assessed contributions. “And as the Pact for the Future, my New Vision for the Rule of Law, and the New Agenda for Peace remind us, preventing conflicts also means investing in development and institutions that people can trust,” he added. Poverty, hunger, inequality, corruption, injustice and exclusion corrode people’s hopes for the future, drive communities further apart, and send shockwaves of unrest, violence and even conflict across countries and regions, Mr. Guterres pointed out. Sustainable development is possible only by adhering to the rule of law, including the requirement to safeguard the rights and dignity of all people at all times, he stressed. Third, the UN chief called for the continued promotion of the use of fair and independent judicial proceedings. It is encouraging to see increasing recourse to international courts and tribunals, including the International Court of Justice, the principal judicial organ of the United Nations, he said. As the Court commemorates its 80th anniversary, the Secretary-General reiterated his call for all Member States to accept its compulsory jurisdiction without reservations and to respect and fully implement the Court’s binding decisions. It is also time to ensure accountability and end impunity. The International Criminal Court, the central institution of the international criminal justice system, must be able to operate independently, Mr. Guterres said. “There can be no sustainable or just peace without accountability. The rule of law must prevail,” he stressed. For eight decades, the rule of law has been “the great equalizer” of global relations. It’s time for all countries to recommit to the full respect of international law and to live up to the promises and obligations outlined in the UN Charter, Mr. Guterres said, underlining that Members of the Security Council bear a special responsibility to lead by example. +
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