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25th Plenary Meeting of General Assembly 73rd Session
The International Court of Justice remains the highest judicial authority in the world, the General Assembly heard today, as speakers called on all States to accept its jurisdiction and fully comply with its judgments.
Kornelios Korneliou (Cyprus), Vice President of the General Assembly, underscored that 73 years since its founding, the Court remains as relevant as ever. Amid direct attacks against the multilateral system, global institutions and their legitimacy, the Court serves as a testament to the principles of peace and justice. At a time when human rights abuses and conflict devastate the lives of millions, and when tensions simmer in regions throughout the world, the adjudication of disputes between States remains an essential role of the Court in preserving peace and security, he said.
Abdulqawi A. Yusuf, President of the International Court of Justice, presented its report covering the period between 1 August 2017 and 31 July 2018 (document A/73/4). Mr. Yusuf said the Court’s docket remained “extremely full”, with 17 contentious cases and one advisory proceeding currently pending on its list. Over the reporting period, the Court held hearings on 6 cases, delivered 4 judgments and issued 17 orders. Due to the Court’s increasing workload, its members decided not to normally accept to participate in international arbitration, he said.
In the ensuing discussion, delegations called on all States to recognize the Court’s compulsory jurisdiction and abide by its judgments. Some speakers said that failure to do so threatens the Court’s ability to pursue its mandate.
“The effectiveness of the Court depends on compliance with its judgments,” said Mexico’s representative, adding that in 2003 his Government brought its first case to the Court, concerning the United States’ violations of article 36 of the Vienna Convention on Consular Relations, with respect to 54 Mexican nationals sentenced to death in various United States courts. Almost 15 years since the Court’s favourable ruling, there has yet to be compliance with its decision and five of the Mexican nationals have been executed, he said, making an appeal that “this won’t be the case” for Roberto Ramos Moreno, whose execution is scheduled for 14 November.
Iran’s representative underlined that the Court unanimously attested to the illegality of United States sanctions. He said that to help preserve the role of the Court, other States are expected to refrain from helping the United States to impose any impediment to transactions involving specified items.
The representative of Libya said the Court has helped avert the use of force and war. However, the interference of some States that have not accepted its jurisdiction has weakened its role. The international community must respect the will of the Court and meet its obligations. Libya has appeared before the Court and abided by all its opinions even if they did not serve the country’s interests, he noted.
The representative of Cuba regretted the existence of Court judgments without enforcement, in clear violation of Article 94 of the United Nations Charter. The refusal by some States to comply with judgments shows the imperfections of the Court’s mechanisms and demonstrates the need to reform the United Nations system.
Several delegations involved in recent Court decisions affirmed their commitment to complying with its rulings.
The representative of Nicaragua said three of the cases highlighted in the report correspond to his country and Costa Rica. Through those, the Court settled pending issues that will improve relations between both countries. Nicaragua is committed to the rule of law, he said, noting that in all cases it has been a party to it has complied with the court’s decisions.
For his part, the representative of Costa Rica welcomed the Court’s judgments in the cases it was involved in and said his country abides by the Court’s jurisdiction. He called on States to also accept the Court’s jurisdiction and to support it in its pursuit of international peace and security. The Court cannot function effectively without absolute legal independence and the necessary budgetary resources, he stressed.
Speakers noted the Court’s increasing workload, characterized by geographical and thematic diversity, and said it affirms its vital role as the United Nations main judicial body in promoting international peace and security and the rule of law.
The representative of Australia, also speaking for Canada and New Zealand, said the willingness of States to entrust the Court with their disputes reflects their deep respect for the Court and underlines its institutional significance as a mechanism for States to resolve their disagreements peacefully.
Singapore’s representative said that given the recent crisis of confidence in multilateralism, the Court’s role in crystallizing and clarifying international law in areas as diverse as the law of the sea, territorial sovereignty, the use of force and treaty interpretation is more important than ever.
Turning specifically to security matters, the representative of Gambia, speaking on behalf of the African Group, stressed the relevance of the Court’s advisory opinions on matters of disarmament and nuclear weapons. He said that in its unanimous 1996 advisory opinion on the “Legality of the Threat or Use of Nuclear Weapons”, the Court concluded that there exists an obligation to pursue and conclude negotiations leading to nuclear disarmament in all aspects under strict and effective international control.
Several speakers called for increased cooperation between the Court and relevant United Nations entities, specifically appealing to the Security Council to make greater use of the Court.
Venezuela’s representative, speaking on behalf of the Non-Aligned Movement, said the Court has an important role in promoting the peaceful settlement of disputes. Yet the Security Council has not turned to a Court advisory opinion since 1970, he said, emphasizing the importance of the Court’s opinion on the disarmament of nuclear weapons.
The Assembly also had before it the Secretary-General’s report on the Secretary-General's Trust Fund to Assist States in the Settlement of Disputes through the International Court of Justice (document A/73/319).
Also speaking today were the representatives of Slovakia (on behalf of the Visegrád Group), Cape Verde (on behalf of the Community of Portuguese Speaking Countries), Japan, Sudan, Peru, Romania, Belgium, China, Lebanon, Brazil, Bangladesh, Chile, India, Gabon, Guatemala, Cyprus, Ukraine, Germany, Ecuador, Thailand, Uruguay, Qatar, Spain, Bolivia, France, Georgia, Morocco, Paraguay, Egypt, Equatorial Guinea, Mauritius, Senegal, El Salvador, Netherlands, Philippines, Russian Federation and the United Arab Emirates.
The General Assembly will reconvene at 10 a.m. on Friday, 26 October to consider space as a driver of sustainable development.
