Statement by the Republic of Lithuania at the UN Security Council Open Debate “The Rule of Law among Nations”
Statement by the Republic of Lithuania at UN Security Council Open Debate “The Rule of Law among Nations” under the item “the promotion and strengthening of the rule of law in the maintenance of international peace and security” on Thursday, 12 January 2023.
I would like to thank you, Mr. President, for convening us today to discuss the rule of law among nations, in particular with the focus on maintenance of international peace and security. I also thank the Secretary-General, the President of the International Court of Justice (ICJ) and Oxford University Professor Dapo Akande for theirs briefings at the beginning of this meeting.
Lithuania aligns itself with the statement delivered on behalf of the European Union. In our national capacity, I would like to underline the following.
My country is firmly committed to an international rules based order, including human rights law and the rule of law. The rule of law is one of the fundamental principles that must underpin international relations and promote peace, security and prosperity throughout the world. It’s up to all of us not only to promote, but also strengthen the rule of law.
The 10th anniversary of the Declaration of the UN General Assembly high-level meeting on the Rule of Law at the National and International Levels provides an opportune occasion to anew our dedication to the purposes and principles of the UN Charter as well as to reflect on the importance and challenges of international order based on the rule of law.
We note, that the Declaration clearly establishes the main principles of the rule of law and reaffirms that the rule of law is indispensable for upholding peace and security, as well as sustainable development and respect for human rights.
Lithuania supports the Secretary General's efforts in promoting the rule of law and mainstreaming it in the UN activities. We also welcome the call in “Our Common Agenda” for a new vision for the rule of law that seek to put people at the center of justice systems and ensure equal access to justice for all.
As for the reinforcing of the rule of law and building sustainable peace, the accountability in the aftermath of grave violations of international law is critical. In the recent Secretary General’s report on “Strengthening and coordinating United Nations rule of law activities”, it is highlighted that “International and hybrid courts and tribunals are key actors that strengthen the rule of law”.
In this regards the role of the International Court of Justice in promoting the rule of law, ensuring respect for international law, and maintaining international peace is of particular importance. Therefore, we call on all UN Member States that have not yet done so to accept the jurisdiction of the Court, to enhance its universal reach.
Mr. President,
All Member States have an obligation to abide by the Charter of the UN. Unfortunately, today one of the main challenges to the rule of law among nations is the adherence to the UN Charter.
The Security Council is assigned with great responsibility of taking decisions on the measures that are needed to maintain or restore international peace and security. The unprovoked and brutal war against Ukraine waged by the Russian Federation in blatant violation of the UN Charter clearly exposed the structural and procedural weaknesses of the Security Council. With this war, Russia not only cynically disregards its permanent membership duties, but also continues to block the Security Council as a whole from implementing its mandate with regard to maintaining international peace and security.
The UN General Assembly overwhelmingly established that Russia’s war is an aggression against Ukraine and is a breach of the UN Charter and a violation of peremptory norms of international law.
Accountability is a basic principle of the rule of law. The rules-based international order cannot survive if there is impunity for its most blatant violations – genocide, war crimes, crimes against humanity, and crime of aggression. The International Criminal Court plays a crucial role in investigating the Russia’s atrocity crimes in Ukraine. Unfortunately, the crime of aggression is beyond jurisdiction of the ICC in this case. Thus, the international community should be ready to use a full range of international legal tools, to fill this jurisdictional loophole by the establishment of a Special Tribunal for the crime of aggression in Ukraine.
Moreover, we repeatedly urge Russia to comply with the ICJ’s legally binding order of 16 March 2022 to immediately cease its military actions that it commenced on 24 February 2022 in the territory of Ukraine.
We are convinced that in this particularly challenging moment for the whole international rules based order, strengthening the rule of law is vital for ensuring international peace and security and making the world more stable.