“International Association of Lawyers: Bar Leaders’ Briefing”

Excellencies,
Ladies and Gentlemen,

It is a great pleasure for me to be representing the Secretary-General, who regrets that he is unable to attend this Bar Leaders’ Briefing of the International Association of Lawyers. He sends his best wishes for a successful meeting. I would like to thank the association for its longstanding commitment to the promotion of peace, human rights and multilateralism. It is particularly fitting that you meet in Geneva. For the banks of Lake Leman witnessed the birth of modern, codified international law in 1864 with the signing of the Geneva Convention. In the years that followed – and in spite of several monumental setbacks – a real revolution in international law has unfolded. Humanity has forged a global architecture of international law, based on a series of treaties and anchored in global institutions like the United Nations and the International Criminal Court as well as regional bodies like the European Court of Human Rights and the African Court on Human and People’s Rights. At the heart of this revolution is the enshrining of the rule of law, the only guarantor of individual rights and of the peaceful resolution of conflicts between states, regardless of their respective power. Without the rule of law we cannot have peace, development or human rights. With it, we have a durable framework to address the global challenges of today and tomorrow, which know no borders.

From time immemorial, the iron law of the Melian Dialogue held true: “the strong do what they can and the weak suffer what they must”. Today, arguments of state sovereignty no longer guarantee immunity from prosecution. While too many still go unpunished, high-profile figures from Charles Taylor and the Khmer Rouge leadership to Ratko Mladić and Laurent Gbagbo have been indicted, prosecuted or judged. Those who commit war crimes, crimes against humanity or genocide can no longer assume they will be forever out of the reach of international justice. While progress has been made thanks to the collective actions of Member States, international organizations and NGOs, we still have a long way to go. The future of the rule of law depends on our ability to sustain the progress made. In the past century, there have been times when the international community has failed to do so, with devastating consequences. Sadly, in places like Syria, Iraq, Yemen and South Sudan, the global community has once again failed to defend the rule of law, enabling actors to violate human rights and international humanitarian law with impunity.

This situation is the product of a series of factors, which now threaten to undo progress made on the rule of law. After a prolong drop in their numbers, the world is witnessing a worrisome rise in new conflicts, of a nature different from those of the past. Today’s struggles are generally asymmetric, internal conflicts with many actors benefiting from the support of rival global or regional powers. As the international balance of power changes, unpredictability has risen and divisions deepened, hampering efforts to hold actors to account. Within states, fragility has increased as the rule of law has been undermined by political divisions, corruption, weak institutions, poor governance, marginalization and exclusion. Compounding these sources of fragility are global mega trends like population growth, climate change, unsustainable development, population flows and water scarcity. The impact of these trends is particularly felt in already fragile countries, leading to a vicious cycle. Even in developed countries, however, trends like globalization and technological innovation – in spite of their overall positive impact – have contributed to inequalities and the feeling in some communities that they are abandoned, ignored and victimized. The resentment that follows weakens the bonds that bind together society and undermines confidence in public institutions and leaders, at every level of governance. A November 2016 poll carried out by Ipsos Public Affairs found that 63% of respondents in 25 states said their country was heading in the wrong direction. Public confidence is further eroded by the unequal application of laws – at home and abroad. The related narrative of “us against them” dangerously undermines the fact that our common future in an interconnected world demands a shared responsibility.

These narratives have led to a nationalist and populist reaction, with serious repercussions for international law. Some countries have announced plans to withdraw from the Rome Statue of the International Criminal Court and others have threatened to do so from other institutions. Others have simply ignored the rulings of international tribunals and courts of arbitrations, while some persist in their steadfast refusal to even join these bodies. For example, only two permanent members of the United Nations Security Council have signed and ratified the Rome Statute: France and the United Kingdom. Too many people no longer believe that these institutions serve them or their interests. With institutions coming under fire, so do the fundamental values that they represent and uphold, such as human rights and protecting the most vulnerable populations, such as refugees, internally-displaced persons and those in urgent need of aid.

These centrifugal elements are threatening multilateralism and the rule of law just as both are needed now more than ever. We are today far more vulnerable to threats that no one state can address alone. Trade, climate action and counter-terrorism are just some of the issues on which each state depends on others abiding by treaties and agreements. In light of this reality, the only viable solution is to redouble our efforts to support the rule of law between and within states. To that end, our new Secretary-General has made prevention, sustainable development and reform of the United Nations top priorities. Each will impact the rule of law. Prevention will require sustained political and financial commitments to bolster national institutions, forge resilient communities and tackle the root causes of conflict, such as poverty, education and inequalities. A vital element in that long-term effort is the 2030 Agenda for Sustainable Development, the collective global roadmap to a safer, fairer and more sustainable world signed by all Member States in 2015. While one of its Sustainable Development Goals is specifically focused on the rule of law and good governance, all 17 SDGs touch in one way or another these issues. This is a recognition that progress on issues like peace and gender equality depend on the rule of law and vive-versa. Finally, the United Nations must become more efficient, nimble and responsive to support Member States in their effort to uphold international norms. Our Secretary-General is spearheading an effort to re-examine our peace and security architecture, management and internal rules and guidelines to protect from sexual abuse those we serve.

Ultimately, it will be up to the Member States and their people to uphold and advance the rule of law. Treaties and agreements are only worth the paper on which they are written if Member States enforce their provisions. If arrest warrants go unfulfilled and crimes against humanity go unpunished it is because Member States – and by extension all of us – fail to abide by international agreements. If the rule of law is upheld, however, it can unite us all and help guarantee our collective security. To that end, the United Nations is ready to support Member States by bringing to bear its unparalleled expertise, reach and role as convenor. To do so, however, the United Nations will need partners, like the International Association of Lawyers, that are willing to take action for international justice. I would like, in particular, to highlight the association’s efforts on behalf of refugees, whose legal rights are much too often ignored.

Let me stress here the important role that international law plays in the safe handling of refugee and migrant flows. Following the end of the Vietnam War in 1975, the so-called “Boat People” crisis prompted the international community to join forces to resettle 2.5 million people. This effort benefited from the application of clear rules identifying a refugee and their rights. In contrast, Europe’s recent difficulties with population flows were in part due to inadequate preparations and the absence of adequate burden-sharing mechanisms. In the face of dramatic images of refugees and migrants on the move, fear, populism and political games overrode existing rules as states scrambled to respond. Recognizing the importance of global rules and of proper burden-sharing, United Nations Member States adopted in September 2016 the New York Declaration for Refugees and Migrant, a landmark political declaration meant to improve the international response to large flows of migrants and refugees. Building on that and following two years of extensive consultations, the international community will adopt two global compacts in 2018 that will frame international collaboration on the issue.

Only by working together can we reach the vision of Desiderius Erasmus, one in which justice “restrains bloodshed, punishes guilt, defends possessions and keeps people safe from oppression”.

Thank you.