LITHUANIA SUPPORTS STRENGTHENING OF THE ROLE OF THE INTERNATIONAL COURT OF JUSTICE
On 6 November at the UN General Assembly, during the consideration of the annual report on judicial activities of the International Court of Justice, Lithuania reiterated its support to the strengthening of the role of this principal judicial organ of the UN in ensuring the rule of law at the international level.
Speaking about recently deposited declaration by which Lithuania recognized the jurisdiction of the ICJ as compulsory, the Deputy Permanent Representative Rita Kazragienė stressed that “this was a logical step for Lithuania, as it links with long standing legal tradition rooted to the Permanent Court of International Justice, the judicial body of the League of Nations”. She reminded that Lithuania was one of the first to accept the compulsory jurisdiction of the Permanent Court when it signed the optional clause of the Permanent Court’s statute in 1922, and that faith in international justice was fully rewarded as Lithuania defended its legitimate place among independent nations and successfully stood up for its interests in all three cases before the Permanent Court.
“Not less importantly, the recent recognition of the compulsory Jurisdiction of the International Court of Justice was a constitutional requirement, as it follows constitutional principles of Lithuania that necessitate respect for universally recognized principles and norms of international law and contribution to the creation of the international order based on law and justice”, added Rita Kazragienė.
ICJ is the only universal court with general jurisdiction. The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.
Despite all Member States of the United Nations are also parties to the Statute of the ICJ, only 68 of them currently recognize its jurisdiction as compulsory. Against this background, Lithuania stressed that the Assembly’s current session offered an opportunity to advance reliance on the ICJ, and joined others calling on the states, that have not done so yet, to recognize the jurisdiction of the ICJ as compulsory.
Statement of the Republic of Lithuania
on the Agenda item 71
“Report of the International Court of Justice”
at the Sixty-seventh session of the United Nations General Assembly
New York, 6 November 2012
Mr President,
Allow me to begin by thanking Judge Peter Tomka, President of the International Court of Justice, for introducing the Court’s annual report last week.
As it is evident from the report, the Court made significant efforts during the last period in ensuring both the competence and efficiency in its judicial activities. We note with appreciation that notwithstanding the wide variety of legal topics and growing factual, legal and procedural complexity, the Court has successfully coped with its workload and delivered four important judgements, as well as handed down an advisory opinion. Moreover, it managed to clear its backlog of cases, thus providing room for hearing of new cases in a timely manner.
Mr President,
The greater role of the Court is largely dependent on the members of the international community.
One of the primary features of the domain in which the Court operates – the international law – is that it is driven by the willingness of the States, the main actors of the international community, and relies upon their voluntary acceptance of commitments. The same applies to their choice of means for peaceful settlement of disputes, if the need arises. The Court itself is one of such means or, as the President of the Court put it in his introduction, a “forum of choice”.
We see a great opportunity in the current session of the General Assembly to advance the reliance on the Court. The Court’s fundamental role in maintaining and strengthening the legitimacy of international relations was manifested during both the High-level meeting on the Rule of Law and the General Debate of the General Assembly, as they focused on the themes pertinent to the purpose and activities of the Court. We hope that this momentum will continue to build-up and translate into more decisive actions and we think it is significant to assist the growing importance of the international justice.
Mr President,
Lithuania is pleased to contribute to the strengthening of the role of the Court.
During this year’s United Nations Treaty Event, Lithuania deposited with the Secretary General its declaration recognizing the jurisdiction of the Court as compulsory under the paragraph 2, Article 36 of the Statute of the Court, bringing the total number of the States that have done so to 68. It also deposited instruments of accession to the Optional Protocols to the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes, which were added to the long list of treaties, in respect to which Lithuania had already recognized the Court‘s jurisdiction.
This was a logical step for my country, as it links with long standing legal tradition rooted to the Permanent Court of International Justice, the judicial body of the League of Nations. Basing its statehood on the right of the self-determination of its people, the Lithuanian State had no choice but to follow the ideas of the rule of law and peaceful settlement of disputes in its international relations. International justice provided at least titular security guarantees for the young nation. Not surprisingly Lithuania was one of the first to accept the compulsory jurisdiction of the Permanent Court when it signed the optional clause of the Permanent Court’s statute in 1922.
This faith of the Lithuanian government in reliance on international justice was rewarded in full. The Lithuanian State defended its legitimate place among the independent nations and successfully stood up for its interests in all three cases before the Permanent Court. The three cases, all of them related to different aspects of the territorial rearrangements that followed World War I, provide much valuable material for both historical examination of the international relations in Europe between the two world wars and legal analysis of the Permanent Court’s judgments as well as the development of international law in general.
Not less importantly, the recent recognition of the compulsory Jurisdiction of the International Court of Justice was a constitutional requirement, as it follows constitutional principles of Lithuania that necessitate respect for universally recognized principles and norms of international law and contribution to the creation of the international order based on law and justice.
Mr President,
Lithuania accepted compulsory jurisdiction of the Court September this year and invites all States yet not having done so to join the voluntary system of compulsory settlement of disputes by peaceful means and in accordance with international law.
Thank you.