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34th Plenary Meeting of General Assembly 71st Session
Seventy years after its inception, the International Court of Justice — the principal judicial organ of the United Nations and “tireless custodian of the international legal order” — was more needed now than ever before, the General Assembly heard today, as it considered the Court’s latest annual report.
Several speakers pointed out that after seven decades, the Court remained the only judicial body with its basis in the United Nations Charter — and whose jurisdiction was, therefore, truly universal. Many delegates reaffirmed their support for the Court and commended its work, including its hearing of more than 160 cases, its 121 judgments and 27 advisory opinions.
General Assembly President Peter Thomson (Fiji) said the Court’s success as an impartial arbiter had been proven time and again, adding that as the international community’s confidence in its capacity had grown, a growing number of States had sought resolution to their disputes through its decisions. “It is clear that the existence of the Court and its ability to deliver justice for all have shaped the course of history,” he said, pointing out that many conflicts and fatalities, as well as much human suffering, had been avoided due to the Court’s ability to settle international disputes peacefully.
Ronny Abraham, President of the International Court of Justice, presented its report covering the period 1 August 2015 to 31 July 2016 (document A/71/4). Describing the 15 contentious cases currently before the Court, he said it had held several hearings on questions of jurisdiction and admissibility and had delivered seven judgments. In addition, it had, for the first time in many years, arranged for an expert opinion in one of the cases before it. Outlining the content of those cases, he said they ranged from territorial disputes to maritime delimitation issues to allegations that States had failed to comply with their international nuclear‑disarmament obligations. He drew particular attention to the Court’s shrinking budget and its increasing workload.
The representative of the United States said the Court’s efforts served to remind the world that international justice was alive and well. States were increasingly resorting to it, and to other similar bodies, to resolve disputes, and there was now a kaleidoscope of complementary judicial venues available to them, depending on which best suited their needs.
Sudan’s representative urged continued efforts to strengthen the Court in light of its increasing workload. Noting that his country recognized the Court’s obligatory jurisdiction, he called on States that had not yet done so to ratify its statutes with a view to strengthening the rule of law at the international level. He also joined a number of other speakers in calling upon the Security Council to make greater use of the Court’s advisory opinions in the course of its work.
In that regard, Iran’s representative, speaking on behalf of the Non‑Aligned Movement, recalled that the Council had not requested an advisory opinion from the Court since 1970. Pointing out that the organ was an important source for the interpretation of relevant international law, he said the Council should consider having the Court review its decisions, while bearing in mind the need to ensure their adherence to the United Nations Charter and international law.
Mexico’s representative, meanwhile, spotlighted the increasing number of disputes before the Court that dealt with such emerging issues as climate change, emphasizing that the organ was needed now more than ever. Of the 11 pending cases before it, six related to Latin America and the Caribbean, which demonstrated the region’s trust in the Court. Welcoming efforts to strengthen and publicize its work, he reiterated the importance of issuing the Court’s judgments in all official United Nations languages.
India’s representative agreed with other speakers that the Court had admirably fulfilled the task of peacefully settling disputes under the highest legal standards. Its advisory opinions had added to its important role of clarifying international legal issues, he said, expressing hope that the Court’s budgetary concerns would be properly addressed.
Italy’s representative declared: “We cannot fail to recognize the increasing call for the primacy of a number of principles that should constitute the pillars of peace in this new pragmatic world order.” Judicial scrutiny over State activities was indispensable, he said, describing the Court as a key component of the availability of judicial settlement. Because the recourse to judicial mechanisms was a solid and serious option for States, Italy had accepted the Court’s compulsory jurisdiction and encouraged others to do the same, he said.
Turning to other business, the Assembly decided to include a new item, “Observer Status for the Central American Bank for Economic Integration in the General Assembly” in the agenda of its current session, allocating the item to its Sixth Committee (Legal). The Assembly was acting on the recommendations of its General Committee, as contained in the report “Organization of the seventy‑first regular session of the General Assembly, adoption of the agenda and allocation of items” (document A/71/250/Add.1).
The Assembly also adopted two draft resolutions contained in reports of the Fifth Committee (Administrative and Budgetary). By the terms of the first, contained in the report “Programme Planning” (document A/71/545), the Assembly decided that United Nations priorities for the period 2018-2019 would include the promotion of sustained economic growth and sustainable development; development in Africa; the maintenance of international peace and security; and the promotion of human rights, among other key activities.
Adopting a draft resolution contained in the report “Review of the efficiency of the administrative and financial functioning of the United Nations: Report on the activities of the Office of Internal Oversight Services” (document A/71/548), the Assembly stressed the need for the internal oversight body of the United Nations to focus more on investigating fraud. It also requested that the Secretary‑General continue to make every effort to fill the remaining vacant posts in the Office of Internal Oversight Services, particularly those in its Investigations Division and in the field.
Also speaking today were representatives of South Africa (on behalf of the African Group), Poland, New Zealand, Malaysia, Japan, Romania, Chile, Austria, Portugal, Germany, Peru, Cuba, Nicaragua, Philippines, Croatia, Cyprus, China, Egypt, Nigeria, Bolivia, Singapore, Thailand, Algeria, Costa Rica, Morocco, Venezuela, France, Bangladesh and Cameroon.
