S/PV.4753Resumption1 Security Council
▶ This meeting at a glance
21
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Topics
Security Council deliberations
Peacekeeping support and operations
Global economic relations
Peace processes and negotiations
Security Council reform
General statements and positions
Thematic
The President: I should like to inform the
Security Council that I have received a letter from the
representative of Armenia, in which she requests to be
invited to participate in the discussion of the item on
the Council's agenda. In conformity with the usual
practice, I propose, with the consent of the Council, to
invite that representative to participate in the
discussion, without the right to vote, in accordance
with the relevant provisions of the Charter and rule 37
of the Council's provisional rules of procedure.
There being no objection, it is so decided.
At the invitation of the President, Ms. Davtyan
(Armenia) took the seat reserved for her at the
side of the Council Chamber.
The President: The next speaker inscribed on my
list is the representative of Greece. I invite him to take
a seat at the Council table and to make his statement.
Mr. Vassilakis (Greece): Since this is the first
time we are speaking under your presidency, Sir, allow
me first of all to congratulate you on your assumption
of your duties. I should also like to express our warm
congratulations to the previous President, the
Permanent Representative of Mexico, on his excellent
work.
I have the honour to speak on behalf of the
European Union. The acceding countries Cyprus, the
Czech Republic, Estonia, Hungary, Latvia, Lithuania,
Malta, Poland, the Slovak Republic and Slovenia, the
associated countries Bulgaria, Romania and Turkey,
and the European Free Trade Association country
belonging to the European Economic Area Iceland
declare that they align themselves with this statement.
The maintenance of international peace and
security is a major concern of the European Union. In
that respect, we firmly support all efforts undertaken in
the United Nations and within regional organizations to
strengthen mechanisms aimed at the prevention or
removal of disputes that might threaten international
peace and security and at the peaceful settlement of
such disputes.
The European Union is fully committed to the
implementation of existing international instruments
and to the relevant principles and rules concerning the
peaceful settlement of international disputes. We
strongly uphold the principle that States should act so
as to prevent, in their international relations, the
emergence or aggravation of disputes or situations, in
particular by fulfilling their obligations under
international law. Likewise, we believe that it is the
duty of all States, in accordance with the principles of
the Charter of the United Nations, to use peaceful
means to settle any dispute to which they are party and
whose continuance is likely to endanger international
peace and security.
In that respect, the European Union attaches great
importance to Chapter VI of the Charter and, in
particular, to the various methods for the prevention
and settlement of disputes that are incorporated in its
Articles 33 to 38. We consider, however, that States
should make the most effective use of those procedures
and methods, as was also indicated in General
Assembly resolution 55/217.
We would also like to emphasize the importance
of judicial mechanisms in the prevention and resolution
of legal disputes. In our View, early and more frequent
resort to these mechanisms, in particular the
International Court of Justice and the International
Tribunal for the Law of the Sea, would greatly
contribute to the maintenance of international peace
and security and the promotion of the primacy of
international law in international relations.
The European Union wishes to underline the
primary role of the Security Council, in accordance
with the Charter, in the area of the peaceful settlement
of disputes or any situation the continuation of which is
likely to endanger international peace and security. In
this connection, we would like to stress the obligation
of States, in accordance with the Charter, to refer to the
Council a dispute to which they are parties if they fail
to reach an early solution by any of the means
indicated in Article 33 of the Charter.
In the report entitled "An Agenda for Peace:
preventive diplomacy, peacemaking and
peacekeeping", the Security Council was urged to take
full advantage of the opportunities provided for by the
Charter in order to recommend appropriate procedures
or methods for dispute settlement and to make
recommendations to parties for the pacific settlement
of disputes. We fully support that recommendation,
which is also in line with Article 36 of the Charter.
We are also of the view that the Security Council
should act without delay, in accordance with its
functions and powers, particularly in cases where
international disputes develop into armed conflict.
The Security Council should also emphasize the
importance of the peaceful settlement of internal
conflicts, the number of which has increased
significantly during the past decade.
The European Union considers the role of the
General Assembly in relation to the peaceful settlement
of disputes to be important, in particular in developing
recommendations, as appropriate, or calling the
attention of the Security Council to situations that are
likely to endanger international peace and security. We
think that the Assembly should make the most effective
use of its relevant competences under the Charter.
We also believe that the Secretary-General is
entrusted with important responsibilities in relation to
the peaceful settlement of disputes. We commend him
for his activities already deployed in this area, and we
urge him to continue to make full use of those
responsibilities, particularly by bringing to the
attention of the Security Council any matter which in
his opinion may threaten the maintenance of
international peace and security.
The European Union is of the view that
preventive diplomacy and early warning can prevent
the emergence and escalation of disputes, and it wishes
to underline the important role played in this respect by
the Security Council, the General Assembly and the
Secretary-General. We are convinced that those bodies
should continue to play that role and should further
enhance it.
Likewise, we support the declarations and
resolutions of the General Assembly concerning
dispute prevention that call for strengthening the
capacity of the United Nations to respond effectively
and efficiently in matters relating to dispute
prevention, including through strengthening
cooperative mechanisms for information-sharing,
planning and developing a comprehensive plan for a
revived early-warning and prevention system for the
United Nations; training intended to support such
enhanced capabilities in these areas; and cooperation
with regional organizations.
The European Union is also of the view that
regional arrangements and agencies also play an
important role in the peaceful settlement of local
disputes and in the prevention and elimination of such
disputes. Some of these regional arrangements have
elaborated significant political and legal instruments
providing for mechanisms for the peaceful resolution
of disputes. The European Union urges States parties to
such arrangements or members of such agencies to try
to achieve the pacific settlement of their disputes
through such mechanisms, in accordance with Articles
33 and 52 of the Charter.
Finally, the European Union believes that there is
a need to increase regional responses to local disputes
by strengthening the dispute-settlement mechanisms
and capacities of regional arrangements and agencies.
In this respect, greater cooperation and coordination
with the United Nations will benefit both and will
contribute to lasting peace and security.
The President: The next speaker inscribed on my
list is the representative of Honduras. I invite him to
take a seat at the Council table and to make his
statement.
Mr. Acosta Bonilla (Honduras) (spoke in Spanish): I am pleased to see you, Sir, presiding over
this important Security Council meeting.
The international community has placed its hope
in the United Nations and firmly believes in its
conciliatory and peaceful role. It also believes that that
is a fundamental factor for the economic development
and well-being of our peoples. Security, peace and
economic development constitute the triple equation
that sustains the peoples of the Earth. What can a
country hope for without internal or international
security? How can we work towards economic
development if there is no security? Economic, social
and cultural development cannot be achieved if
valuable resources are spent on ensuring internal and
international stability while education, food, health and
infrastructure programmes are postponed.
That observation leads us to acknowledge the
importance of this open meeting of the Security
Council. New challenges threaten world peace and are
the impetus to unite the world's efforts and resources to
meet them. Terrorism and drug trafficking are a
tremendous threat to humankind and, together with the
spread of pandemics, could lead to the destruction of
broad social sectors in all parts of the world. Hunger,
AIDS, malaria and, recently, SARS - the severe acute
respiratory syndrome: each alone could decimate the
population of the planet.
We must make rational use of our collective
resources in order to meet those enormous challenges.
To do that, we must strengthen the role of the United
Nations, in particular the Security Council. Bolstering
and enhancing our Organization, reviewing its working
methods and bringing together mechanisms that can
enable the Organization to work efficiently is an
essential task that will allow us to resolve, together, the
enormous challenges threatening humankind now and
in the future.
The Honduran people faithfully comply with
international law. Our national constitution is an
expression of our commitment to peace. We have
therefore signed all instruments relating to the peaceful
settlement of international disputes, and we recognize
unreservedly the jurisdiction of the International Court
of Justice and abide solemnly by its decisions.
Furthermore, we trust in the Security Council as a
guarantor for carrying out the sentences handed down
by international justice bodies. Peace, security and
development at both the international and national
levels will be thwarted if there is no consensus in the
Council and if we cannot guarantee compliance with
the sentences imposed by the International Court of
Justice or one of the main international tribunals that
have been created.
The Council must solemnly voice its opinion on
this issue and fully support the decisions of the
International Court of Justice and other world legal
forums. A more active diplomacy on the part of the
Secretary-General, a greater capacity for analysis and
the proper use of resources available to the specialized
agencies of the United Nations can make a substantive
contribution to the prevention of possible conflicts, as
the reports of the Secretary-General to the Security
Council must reflect in a timely fashion the
information available on possible inter-State and intra-
State conflicts that fall within the purview of the
United Nations. That mechanism can be more effective
if the Council, when it is informed of a potential
conflict, were to invite the parties to a meeting of
special consultations in order to recommend or
promote an early solution to the conflict.
The Honduran people place our trust in the
procedures of international organizations for the
settlement of international conflicts and for facing the
major challenges facing humankind. That is why we
support our world Organization and ask for all
countries' respect and support for the functioning of
the Organization and implementation of and
compliance with its resolutions.
In the twenty-first century, the men and women
living on this small planet are committed to eradicating
the major calamities facing humankind - wars,
hunger, slavery and disease - in order to achieve a full
life allowing for unlimited material well-being and
spiritual development for all people. That goal is
within our reach. The process must be led by the
Security Council.
The President: The next speaker inscribed on my
list is the representative of India. I invite him to take a
seat at the Council table and to make his statement.
Mr. Nambiar (India): Let me begin by
congratulating Pakistan and you personally, Sir, on
your assumption of the presidency of the Security
Council for the month of May 2003. We were happy to
have His Excellency Mr. Khurshid Kasuri, Minister for
Foreign Affairs of Pakistan, in our midst this morning
at this Council meeting dedicated specifically to a
subject of your choice. I also take this opportunity to
congratulate Mexico on its handling of the presidency
of the Council last month.
The subject for consideration by the Council
today is the peaceful settlement of disputes. The faith
of nations in this world body is embedded in the
collective commitment of its Members to the purposes
and principles of the Charter of the United Nations.
The maintenance of international peace and security is
the principal purpose of the Charter and involves the
prevention and removal of threats to the peace, as well
as the suppression of acts of aggression. Equally, the
emphasis upon bringing about the adjustment or
settlement, by pacific means and in conformity with the
principles of justice and international law, of
international disputes or situations that might lead to a
breach of the peace is no less prominent a purpose.
Indeed, together they constitute the very first purpose
of the United Nations under Article 1, paragraph 1, of
the Charter. More than 50 years ago, speaking before
the United Nations, Prime Minister Jawaharlal Nehru
declared:
"This Assembly took shape after two mighty wars
and as a consequence of those wars. The lesson
of history, the long course of history, and more
especially the lesson of the last great wars which
have devastated humanity, has been that out of
hatred and violence only hatred and violence will
come. We have got into a cycle of hatred and
violence, and not the most brilliant debate will
get us out of it, unless we look some other way
and find some other means. It is obvious that if
[we] continue in this cycle and have wars which
this Assembly was especially meant to avoid and
prevent, the result will not only be tremendous
devastation all over the world but the non-
achievement by any individual Power or group of
its objective." (A/PV.]54, pp. 16-13
Every nation, big or small, strives for a basic
modicum of stability in its domestic and international
environment in order to enable it to pursue its own
national objectives. Every nation thus has a legitimate
interest in matters of peace and war and must shoulder
its responsibility to ensure that end. Where disputes
between States or situations between States that might
endanger international peace and security arise, it is
incumbent upon those States to settle them by peaceful
means. Article 2, paragraph 3, of the Charter
specifically enjoins this upon all Member States.
Where the United Nations has a role and relevance, its
efforts should be welcomed. A basic premise of the
pacific settlement of disputes relates to the provision
under the Charter calling on all Member States to first
resort to peaceful means in settling disputes that
threaten the maintenance of international peace and
security. The opening article of Chapter VI, Article 33,
paragraph 1, makes it clear that the parties to any
dispute likely to endanger the maintenance of
international peace and security
"shall, first of all, seek a solution by negotiation,
enquiry, mediation, conciliation, arbitration,
judicial settlement, resort to regional agencies or
arrangement, or other peaceful means of their
own choice."
The Charter establishes no hierarchy among the various
means enumerated therein.
A cursory look at Chapter VI shows that it
concerns only those disputes that endanger the
maintenance of international peace and security. Not all
disputes that affect States or exist between States are
covered. While it needs to be recognized that the
Security Council and the General Assembly have in the
normal course rarely refused to admit a question for
failing to fulfil the clause "likely to endanger the
maintenance of international peace and security" and
have chosen to interpret this Article liberally, they have
generally adopted a flexible and pragmatic approach,
one that has been based on a recognition of the political
realities on the ground rather than on purely legalistic
approaches.
Evidently, the means provided for in Article 33
are not intended to be exhaustive. The reference to
"other peaceful means of their choice" was clearly
added to provide the parties with greater freedom of
choice. The drafters desired action by the Organization
only as a last resort, with the onus left upon the parties
to settle disputes peacefully among themselves either
directly, through the means listed in the Article, or
through resort to regional organizations if need be.
The idea that local disputes should be solved
locally seems to have been favoured by the drafters.
Even where the Council or the Assembly has taken up
consideration of a situation or question, the primary
responsibility for settlement remains with the parties
themselves. Article 36, paragraph 2, requires the
Council to take into consideration the existence of
agreements between the parties for the pacific
settlement of disputes and the procedures adopted by
the parties prior to requesting the Council to take up
the issue. Given this primary responsibility resting with
the parties to settle their differences or disputes
between themselves, the competence of the United
Nations organs is only subsidiary. Likewise, the
measures outlined in Chapter VI are non-coercive and
possess no legally binding character beyond what has
been accepted by parties and within the terms of their
own understanding of such acceptance of commitment.
How far does the power of the Security Council
under Chapter VI extend? It is pertinent to note that
Article 33 requires the Council, when it deems
necessary, to call upon the parties to settle their
disputes by peaceful methods; but the choice of means
of settlement by parties, strictly construed, should
entail that the parties are bound no further than to
engage their best efforts to find a peaceful solution.
The requirements of specific results are not indicated.
The Council's power to investigate in order to
decide whether a dispute or a situation requires its
attention or whether it constitutes an independent basis
of action is derived from Article 34. While invocation
of that Article has in specific instances constituted the
preconditions calling upon the parties under Article 33,
paragraph 2, or for making recommendations under
Article 36 or Article 37, paragraph 2, this Article has
also been used to determine whether or not a dispute or
situation actually does endanger international peace
and security.
Article 36 gives the Council power to recommend
appropriate procedures or methods of adjustment for
situations brought before it. The procedure
recommended in Article 36 should take into
consideration any procedure for the settlement of
disputes that has already been adopted by the parties.
But in the choice of procedures under this Article, the
Council is not bound by the list included in Article 33,
paragraph 1. The Council may devise new methods or
suggest a combination of existing procedures, coupled
with its recommendations for a particular procedure,
with advice that the parties should consider other
suitable methods. The distinction between the
appropriate procedures or methods of adjustment that
can be recommended by the Council and the terms of
settlement that can be recommended by the Council
under Article 37 is not always clear.
For its part, the General Assembly has over the
years attempted to enhance the effectiveness of the
peaceful settlement of disputes between States through
its own resolutions and declarations. The Manila
Declaration on the Peaceful Settlement of International
Disputes, of 15 November 1982 (resolution 37/10), and
Declaration on the Prevention and Removal of
Disputes and Situations Which May Threaten
International Peace and Security and on the Role of the
United Nations in this Field, of 5 December 1988
(resolution 43/51), are important in this respect. An
examination of these resolutions and declarations
indicates that they relate to the settlement of all
disputes and are not confined only to the disputes
referred to in Chapter VI of the Charter.
These resolutions and declarations, furthermore,
reiterate the right of all States to resort to peaceful
means of their own choice for the prevention and
removal of disputes or situations, which is central to
the pacific settlement of disputes in the following
manner. In seeking a peaceful settlement the party shall
agree on such peaceful means as may be appropriate to
the circumstances of the States and the nature of the
dispute. In the event of a failure of the parties to reach
an early solution by means specified in the Charter, the
parties should continue to seek a peaceful solution and
consult forthwith on mutually agreed means to settle
the dispute peacefully.
A further important element insisted upon in
these declarations is that States should, in accordance
with international law, implement in good faith all the
provisions and agreements concluded by them for the
settlement of disputes affecting them. Resolutions
adopted by the General Assembly in that regard may
suggest the use of various means at its disposal. Where
cases arise of the Secretary-General making use of
fact-finding capabilities relating to a dispute or a
situation, they are to be pursued only with the express
consent of the State or States concerned.
The path of negotiation is seen by many
distinguished jurists as the most preferable method of
dispute settlement. First, since the resolution of the
dispute is by mutual consent, often arrived at after a
kind of bargaining that involves elements of give and
take, there is a greater probability of the parties
carrying out the agreement faithfully. Secondly, if
government by consent expresses the spirit of
democracy, then the diplomacy of bilateral negotiations
is nearest to that spirit. Thirdly, arbitration and judicial
settlement are essentially zero-sum games. By contrast,
in bilateral diplomacy each party seeks to get
something it desires, with the total pay-off becoming a
variable sum that provides each side scope for
maximizing that sum - in other words, the process of
bilateral negotiation would be more likely to lead to a
win-win situation for both the parties. Fourthly, an
imposed solution to a dispute is likely to be reopened
by the party that feels aggrieved or feels that it was
compelled at the time of settlement, thus proving to be
no real settlement at all.
A decade ago, the report of the Secretary-General
entitled "An Agenda for Peace" (S/24lll)stated that if
conflicts had gone unresolved in the past, it was not
because techniques for peaceful settlement were
unknown or inadequate. The fault lay first in the lack
of political will of parties to seek a solution to their
differences through such means as are suggested in
Chapter VI of the Charter and, secondly, in the lack of
leverage at the disposal of a third party if that was the
procedure chosen. Each party tends to seek a better
solution than what it had been called upon to accept. A
third party might not find a reason to use the leverage it
has for the settlement of the particular dispute. Where
it has, the development of a different order of vested
interests cannot be ruled out.
Some disputes, given their specific character and
complexity, may not be amenable to resolution
according to any pre-set time schedule. It is true that,
apart from the danger of the eruption of violence
because of an unresolved dispute, an unresolved
conflict relating to resources might stand in the way of
exploitation of the resources for the benefit of the
community. If the dispute related to a territory under
colonial occupation or alien domination, non-resolution
would place the people concerned in a condition of
uncertainty or prolong their travails or sufferings.
However, its indiscriminate applicability to situations
of irredentist, secessionist or other political movements
within independent States with composite populations
of different ethnic and religious persuasions can be
extremely risky, even destabilizing. This could be even
more serious when such movements are externally
inspired or assisted.
In a world where the indispensability of the
sovereign State as the fundamental political unit of the
international community is still vigorously reaffirmed,
the perceptions by States of their territorial integrity
and the essential values undergirding their respective
political structures are bound to rank as the utmost
priority. This will admit little compromise.
Against this background, we would commend the
emphasis placed by the Manila Declaration on the
obligation of States to settle international disputes on
the basis of the sovereign equality of States and in
accordance with the principle of free choice of means,
thus incorporating one of the basic principles of the
Declaration on Principles of International Law
concerning Friendly Relations and Co-operation among
States in accordance with the Charter of the United
Nations (General Assembly resolution 2625 (XXV)). In
particular, the Declaration on Friendly Relations states
that any attempt aimed at the partial or total disruption
of the national unity and territorial integrity of a State
or country or at its political independence is
incompatible with the purposes and principles of the
Charter.
No State can permit aggression against its own
territory. Nothing in the Charter can impair the inherent
right of each Member State to take all necessary
measures for its self-defence if there is an armed attack
against it. This is equally true if a State is subjected to
a continuous low-intensity proxy war through
infiltration, cross-border terrorism or other means
using force. Where Member States have agreed to
implement resolutions of the United Nations, they are
justified in expecting such implementation to be
complete and in the sequence agreed to without
emasculation, revision or reinterpretation. Where
attempts are made to apply such resolutions selectively
or in a partial, self-serving manner, they have
obviously not worked, but have only served to subvert
the original spirit of these resolutions. In some cases,
over time their subtext has changed and they have
proved obsolete, defunct or overtaken by events on the
ground.
India's experience with the working of the United
Nations has been sufficiently long and educative for us
to remain vigilant of the threats, pressures and
blandishments that have been exerted upon us during
various periods of our history in the guise of furthering
the pacific settlement of disputes affecting us. Our
stance has been consistent and principled. We have not
been deterred by the temporary approbation or
opprobrium of the members of this body or other
bodies of this Organization, despite our abiding respect
for it. We remain confident that we retain the
understanding, sympathy and support of its broader
membership in our overall stance. For the rest, we are
fully conscious of being able to summon the firmness
and resilience needed to safeguard our national
interests. We are also aware that, more than anything,
we need to remain continuously responsive to and
reflective of the needs and aspirations of our peoples as
expressed through our own democratic institutions.
It is our view that the democratic norm provides
the best possible means to address discontent within
societies and disputes between them. Respect for
pluralism and diversity is fundamental to that
approach. A society that promotes democratic norms
and respect for tolerance is better placed to address
disputes than one that lacks those values. Democratic
societies are far less prone to extremist ideologies
based on conflict, violence or militarism. They are also
less inclined to wage wars. Periodic elections that
make political leaders accountable to parliaments and
to voters act as a regular check against any
predisposition to policies of military adventurism.
As Prime Minister Vajpayee said recently,
"If the twentieth century saw the global
growth of democracy, the new century should see
its further expansion and enrichment. Especially,
we should develop democracy as an effective
instrument for fulfilling people's aspirations and
resolving conflicts and contentious issues.
History has proved time and again that free and
democratic societies are the ones that are
creative, self-corrective and self-regenerative."
I wish to conclude by returning to the speech to
which I referred in the beginning of my statement, in
which Prime Minister Nehru of India declared that he
had no fear of the future. He went on to say,
. if we banish this fear [of the future], if we
place confidence, even though we may take risks
[of trust], rather than to risk violent language,
violent actions and in the end war, I think those
risks are worth taking." (A/PV.154, p. 22)
The President: I thank the representative of India
for his kind words.
The next speaker inscribed on my list is the
representative of Azerbaijan. I invite him to take a seat
at the Council table and to make his statement.
Mr. Aliyev (Azerbaijan): I should like to join
previous speakers in thanking you, Mr. President, for
convening this special meeting. I am certain that its
topic is of great importance to all Member States, and I
should particularly like to take this opportunity to
thank the presidency for its efforts to explore more
fully the Security Council's capacity for promoting the
pacific settlement of disputes.
I believe that each of us is motivated by the
objective of strengthening the primary role of the
Security Council so that it may fully and effectively
discharge its responsibilities under the Charter of the
United Nations, in the area of the settlement of disputes
or of any situation whose continuance is likely to
endanger the maintenance of international peace and
security. Otherwise, an inability on the Council's part
to peacefully manage disputes would lead us to a world
order where force was the only or the preferred option.
Therefore, I sincerely believe that the peaceful
settlement of disputes remains the ultimate, albeit
difficult, aim of any attempt to strengthen international
security.
Theoretically, the end of the cold war and
numerous manifestations of cooperative relations
among the major Powers, on the one hand, and the
collapse of the Soviet Union and the emergence of a
number of conflict-torn States, on the other, should
have provided the Security Council with new
opportunities to carry out the primary role in the
peaceful settlement of disputes, as new Member States
have asked it to do. Here, it is relevant to emphasize
that Chapter VI of the Charter of the United Nations
sets forth a comprehensive list of peaceful means for
the pacific settlement of disputes.
Although the romanticism and great expectations
that the new fledgling democracies enjoyed upon their
admission have largely disappeared, Azerbaijan
continues to believe that the United Nations - as the
only universal Organization contributing to a
comprehensive value system aimed at the maintenance
of peace and stability - and its institutions have
played and continue to play an important role in
building a new security architecture.
In the meantime, we must be honest in
acknowledging a number of serious deficiencies - and
sometimes even failures - of the Security Council.
First and foremost, the Council has not always been
successful and consistent in implementing its own
resolutions, especially with regard to conflict
settlement. One need only take a quick look at the
situation surrounding the conflict in and around the
Nagorny Karabakh region of Azerbaijan, where a lack
of implementation of Council resolutions has had a
dreadful impact on the settlement process. One fifth of
my country's territory remains under Armenian
occupation. An entire generation of victims of the
conflict has grown up in the numerous refugee camps
in Azerbaijan. Their unbearable pain and deep
frustration can hardly be ignored, either domestically
or internationally.
Only two weeks ago, we commemorated the tenth
anniversary of resolution 822 (1993), adopted by the
Security Council on 30 April 1993, condemning the
occupation of the Azerbaijani district of Kelbadjar by
the Armenian armed forces. Neither that resolution nor
three subsequent ones demanding the immediate,
unconditional and full withdrawal of the Armenian
armed forces from the occupied territories of
Azerbaijan have been implemented. Unfortunately,
they remain dead letters. Armenia's flagrant, decade-
long violation of Security Council resolutions 822
(1993), 853 (1993), 874 (1993) and 884 (1993) was a
primary concern of the recent identical letters from the
Foreign Minister of Azerbaijan, Mr. Vilayat Guliyev,
addressed to the Secretary-General and to the President
of the Security Council and contained in document
S/2003/528.
Similarly, we are concerned that, despite the fact
that resolution 884 (1993), in operative paragraph 8,
requests
the Secretary-General, the Chairman-in-
Office of the Conference on Security and
Cooperation in Europe (CSCE) and the Chairman
of the CSCE Minsk Conference [to] continue to
report to the Council on the progress of the Minsk
process and on all aspects of the situation on the
ground and on present and future cooperation
between the CSCE and the United Nations in this
regard",
none of those institutions has ever reported to the
Security Council on the matter in question. I should
like to take this opportunity to rectify the situation by
informing Council members of the fact that the Minsk
process will not result in any progress until Armenia
ceases to view itself as something beyond the
framework of international law and stops trying to
achieve a forceful solution of the conflict on the basis
of a fait accompli.
Nor will progress be achieved through the
mediators' efforts, which are not based on an
international legal framework for the settlement. This
is another concern that, I believe, merits consideration
by the Security Council and has direct bearing on the
settlement process. The Council should be more
resolute and should ensure that the mediators' activity
does not go beyond the universally recognized norms
and principles of international law.
With respect to the issue of fostering mutual
confidence between Armenia and Azerbaijan, so
actively endorsed by the mediators, allow me to stress
that nothing other than the liberation of the occupied
Azerbaijani territories will restore my country's
confidence in Armenia.
The continuation of the conflict threatens not
only the security of my country, but also that of the
whole region and that of all of Europe. The situation
demands principled approaches and actions on the part
of the international community. Impartiality with
regard to the settlement process has nothing to do with
the wait-and-see policy taken by the Security Council.
It is of paramount importance that the Council stand
for strict observance of its resolutions by all United
Nations Member States. My delegation is strongly
convinced that inconsistency in upholding its
resolutions is absolutely inadmissible for and
detrimental to the prestige of the United Nations organ
primarily responsible for the maintenance of
international peace and security. There is no expiration
date for the Security Council's resolutions until they
are implemented. Therefore, I reiterate our appeal to
the Security Council to insist on the implementation of
its resolutions regarding the conflict in and around the
Nagorny Karabakh region of the Republic of
Azerbaijan as an unaccomplished task of its own
agenda.
Azerbaijan remains committed to the peaceful
settlement of this protracted conflict based on full
respect for the norms and principles of international
law, full implementation of the relevant Security
Council resolutions and the appropriate documents and
decisions of the Organization for Security and
Cooperation in Europe. But one need be under no
illusions: compromises on our side will never
compromise our territorial integrity.
In conclusion, I wish to emphasize that all the
foregoing proves the necessity of the serious
engagement of the broader United Nations membership
in the process of strengthening the Security Council's
role in the peaceful settlement of disputes. The United
Nations Charter offers vast possibilities for action by
the Security Council to prevent disputes from arising
between parties, to prevent existing disputes from
escalating into conflicts and to contain and resolve
conflicts when they occur.
We are grateful to the Pakistani presidency for its
important initiative and hope that today's deliberations
will make a tangible contribution to the matter in
question.
The President: I thank the representative of
Azerbaijan for his kind words.
The next speaker inscribed on my list is the
representative of Colombia. I invite him to take a seat
at the Council table and to make his statement.
Mr. Giraldo (Colombia) (spoke in Spanish): Let
me begin by congratulating you, Sir, on your
assumption of the presidency of the Security Council. I
also welcome your initiative to organize this event.
I also congratulate Mexico for its handling of the
presidency of the Council last month.
As stated by the President in the document
distributed on the topic, the United Nations Charter
offers the Security Council vast possibilities of action
to prevent disputes from arising between parties, to
preclude disputes from escalating into conflicts and to
contain and resolve conflicts when they occur. These
possibilities, provided for in Chapter VI of the Charter,
are complemented by the competences given to the
General Assembly in Articles 11 and 12 and to the
Secretary-General in Article 99, as well as by the three
resolutions of the General Assembly mentioned by the
President in his document.
Colombia, which has based its international
policy on the full respect and promotion of the
principles and purposes consecrated in the United
Nations Charter, grants particular importance to the
pacific prevention of disputes based on the principles
of the sovereign equality of States, non-intervention,
good faith and the spirit of cooperation. In seeking a
prompt and fair settlement of a dispute, we prefer
direct negotiations as an efficient and flexible means,
but we recognize that States have the right to choose
freely from other legitimate ways that they may
consider more appropriate.
The Charter of the United Nations and the 1982
Manila Declaration on the Peaceful Settlement of
International Disputes refer only to the pacific
settlement of international disputes - in other words,
between States - and to the prevention of
international conflicts. Nowadays, the world in general
and the United Nations in particular are concerned with
internal conflicts in many States. In this regard, it has
also been acknowledged that it is the affected State's
fundamental responsibility to prevent and eliminate
disputes and conflicts and that any activity undertaken
by United Nations organs must be at that State's
request. Because many of these conflicts evolve in
circumstances of an international and transnational
nature, the principle of international cooperation in the
resolution of such conflicts at the regional and global
levels acquires particular importance.
Colombia would call the attention of this Council
and of the international community to the external
factors that affect many of the internal armed conflicts
that exist throughout the world. Such factors require
the commitment and cooperation of all States and
international institutions, starting with the United
Nations. The role of diamonds in the financing of
armed conflict in Africa has been well recognized.
Many important mechanisms have been created to
monitor the international trade in diamonds and to
prevent its profits from fuelling the conflict.
In the same way, it is necessary to recognize the
role of the illicit drug trade, a criminal transnational
activity, and related crimes in the funding of internal
armed conflicts. A terrible alliance has been forged
between drug traffickers and illegal armed groups that
finance themselves through such activities. The
weapons and explosives by which these groups spread
death are negotiated for and acquired externally. They
are paid for using international banking accounts
fattened by the drug trade. The chemical precursors
indispensable to fabricate illicit drugs continue to reach
countries in conflict without any appreciable control.
All of these external elements not only fuel such
internal armed conflicts, but also increase the violation
of human rights, a crucial topic for the United Nations
and other international organizations, as well as for
many Member States.
In resolution 44/21, the General Assembly
"Encourages Member States to consult and
cooperate within the framework of the United
Nations, the Security Council, the General
Assembly and their appropriate subsidiary bodies
in order to find multifaceted approaches to
implement and strengthen the principles and the
system of international peace, security and
international cooperation laid down in the
Charter." (resolution 44/2], para. 3)
The issue of external factors that fuel internal conflicts
deserves such an approach, which demands the action
of States and of international and regional
organizations.
Now that the need to address the global illicit
drug problem has been recognized, that approach has to
be based on the principle of shared responsibility. In
sound logic, if an internal conflict is financed by the
drug trade, the consumers of illicit drugs should share
the responsibility for that conflict and of the violations
of human rights and of international humanitarian law
that occur in it. I must insist on that point. That is why
the international community is overdue in initiating
effective cooperation on this issue. Such cooperation,
in the framework of the United Nations, would set a
course and guide the international community in its
efforts to support peoples and States that work to
maintain the lofty principles of this Organization and
that struggle daily for the protection of the dignity of
human beings.
The President: The next speaker inscribed on my
list is the representative of Indonesia. I invite him to
take a seat at the Council table and to make his
statement.
Mr. Wardono (Indonesia): My delegation would
like to congratulate the delegation of pakistan on its
assumption of the presidency of the Security Council
for the month of May and on having convened this
important meeting. It is our sincere hope that, through
your leadership and esteemed guidance, Mr. President,
the Council will carry out its tasks successfully and
make a concrete contribution to the critical issues on its
agenda.
We also wish to take this opportunity to express
our appreciation to the Secretary-General, Mr. Kofi
Annan, as well as to Sir Brian Urquhart, Ambassador
Jamsheed Marker and Mr. Nabil Elaraby for the
insightful and enriching observations they made this
morning on the topic under consideration today.
The delegation of Indonesia considers it an
honour to participate in this debate on the role of the
Security Council in the pacific settlement of disputes.
This discussion comes at a time when the credibility of
the Council and its responsibility for the maintenance
of international peace and security continue to generate
intense debate within the international community.
Thus, the Council's role in the pacific settlement of
disputes forms part of a broader and deeper
intellectual, diplomatic and political exercise of
practical concern to the peoples of the world.
As is well known, the Security Council often
relies on various chapters of the Charter in order to
fulfil its responsibilities for international peace and
security. In the settlement of disputes, it relies on the
powers accorded it in Chapters VI and VII of the
Charter. These confer authority on the United Nations
to conduct preventive and enforcement measures for
the purpose of maintaining international peace and
security.
Under Chapter VI of the Charter, the Council
enjoys both investigative and recommendatory powers.
It is empowered to investigate disputes with a view to
ascertaining whether or not their continuance is likely
to endanger the maintenance of international peace and
security, and to make recommendations for the
appropriate terms of a settlement. It is also empowered
to call upon the parties involved to settle their disputes
by peaceful means and to encourage the development
of the pacific settlement of disputes through regional
arrangements or by regional agencies.
If we were to consider the broad sweep of history,
it would be safe to say that, despite all the flashpoints
of conflict that we have experienced at the international
level since the end of the Second World War, we would
see that the world is, indeed, a safer, more secure place
today. The world is further away from war than it was
when the Charter was authored by the founding fathers
of the United Nations in San Francisco in 1945. The
Security Council can take some consolation from that
favourable development.
In my delegation's view, such relative peace and
security has a good deal to do with the work of the
United Nations and with the approach taken by
Member States to the determination to save the world
from the scourge of war, so eloquently expressed in the
Charter. In that connection, the work of the Security
Council has been critical, and its work has been given a
political foothold and legal authority through the
provisions of Chapter VI.
It is now widely acknowledged internationally
and politically that development is the flip side of the
coin of peace. In the View of my delegation, in every
situation - non-conflict, conflict or post-conflict -
the currency with the greatest impact is the currency of
development. Unless there is development, there can be
no justice - and injustice, in turn, is always certain to
unravel what amounts only to false peace.
It is also important for the Security Council to
fulfil its Charter obligations by being conscious of
these imperatives and by being guided by them.
Investigations and interventions by the Council can
influence law and governance beyond the immediate
arena of the United Nations. Thus, it cannot afford to
treat them with a sense of levity. Resolutions and
statements by the Council must be indexed according
to the spirit and letter of the Charter, and must offer the
highest assurances of justice to the parties to a dispute.
In this regard, the evolution of international legal
arrangements has continued. In 1982, for instance, the
General Assembly, in helping to enhance the
effectiveness of the role of the Security Council in the
peaceful settlement of disputes, adopted the Manila
Declaration on the Peaceful Settlement of International
Disputes. In it, the General Assembly called upon
Member States to
"strengthen the primary role of the Security
Council so that it may fully and effectively
discharge its responsibilities, in accordance with
the Charter of the United Nations, in the area of
the settlement of disputes or of any situation the
continuance of which is likely to endanger the
maintenance of international peace and security."
(General Assembly resolution 37/10, annex)
The principles of the Manila Declaration were
further elaborated in 1988, in the Declaration on the
Prevention and Removal of Disputes and Situations
Which May Threaten International Peace and Security
and on the Role of the United Nations in this Field; and
in the 1991 Declaration on Fact-finding by the United
Nations in the Field of the Maintenance of
International Peace and Security. In this regard, an
important area of concern and emphasis in these
developments has been the balance between the right of
States to settle their disputes on the basis of the
principle of free choice of the means towards that end,
and the Security Council's responsibility concerning
pacific settlement.
Unfortunately, it can hardly be said that the
Council has always maintained the highest standards
with regard to these or other responsibilities or that it
has lived up to these high ideals. There have been
instances when parties to a dispute or Member States of
the United Nations have pointed accusing fingers at the
Council for what were perceived as double standards or
disparities in its response to a variety of situations. No
case can rise beyond the confidence that the character
of its presiding judge brings to it, and in the pacific
resolution of disputes it is critical that the impartiality
of the judge be beyond reproach or dispute to begin
with; that is a basic requirement.
Before concluding, I would like to say that it
must also be remembered that the broader issue of
Security Council reform remains before this body and
the wider membership of the United Nations. In our
view, these issues can be taken either separately or
together - but they must be addressed. Thus, the
United Nations must demonstrate an ability to speak
with one voice, to work together and to abide by agreed
principles.
The President: The next speaker on my list is the
representative of Ethiopia. I invite him to take a seat at
the Council table and to make his statement.
Mr. Hussein (Ethiopia): First, I would like to
congratulate you, Sir, on your assumption of the
presidency of the Council for the month of May and
also to extend a special thanks to the Pakistani
presidency for convening this meeting. As well, we are
very fortunate to have three eminent experts and
personalities with us this morning and this afternoon.
The issue we are discussing today is of vital
importance to the United Nations and to the
international community in general. Under the Charter,
the pacific settlement of disputes is one of the major
functions of the United Nations. It has always been so,
and I hope it will remain so, at least for the foreseeable
future. Hence, the discussion of this topic today is of
absolute necessity and very timely.
As we all know, the Secretary-General is given
the responsibility, under Article 99 of the Charter, to
bring to the attention of the Council issues pertaining
to international peace and security. Of course, the
Council remains the guardian of international peace
and security.
Over the last decade alone, we have witnessed
all-out wars consuming tens of thousands of lives. We
have witnessed acts of genocide. We have seen minor
misunderstandings degenerate into large-scale wars. I
know I am not raising new questions. But some
questions need to be raised again and again until we
find suitable answers for them.
What went wrong? Have we fared any better
since the establishment of the United Nations, in terms
of preventing conflicts? Could we not have done
better? Could we not have prevented, for example, the
genocide in Rwanda? Could we prevent the continuing,
I would say, slaughter of civilians that is going on right
now in the Democratic Republic of the Congo? The list
is long. No one can deny that the United Nations
system has made a significant contribution in all areas
that fall under its mandate. But it is difficult to give an
affirmative answer to the aforementioned questions.
Neither can one fully defend the suggestion that the
United Nations and the Security Council have found it
to be beyond their capacity to contain or help contain
those situations that sometimes shamed humanity.
I do not want to repeat what has been eloquently
stated by those who spoke before me. That is why I do
not have a printed statement. I had to rewrite my
statement here. There is a Somali saying in the Horn of
Africa: you do not speak because you have not spoken,
but only because there is something that has been left
unsaid. I hope that what I have to say now is something
that was not said. If it has been said, then I may have
not been listening, which I hope is not the case.
I would like to raise a few points. Many speakers
before me have cited the importance of settling
disputes by peaceful means, as is stipulated under
Chapter VI. There is nothing more desirable than the
peaceful settlement of disputes. My country, as a
founding Member of the United Nations, subscribes to
that very strongly. But what happens when States and
organizations in inter-State conflict ignore what is in
Chapter VI? Moreover, in disputes within States, a
party to a conflict may also act other than as it should.
What should be done in such cases? The Brahimi
report responded to that when it recommended calling a
spade a spade. I am sure that at least two of our
distinguished personalities here have also spoken about
this. We should therefore point our finger at the culprit
or culprits and take appropriate action.
We in Ethiopia know only too well that the
international institutions charged with maintaining
peace and security have not always acted to maintain
collective security. In the mid-1930s the predecessor to
the United Nations, the League of Nations, failed to
take action against Mussolini when he invaded my
country. It is on record that the Emperor at that time
said in Geneva: Today it is Ethiopia, tomorrow it will
be you if you do not take action. What happened? We
were a member of the League of Nations, too. Justice
was not done. Sanctions were imposed on both
Ethiopia and Mussolini's Italy at that time. Ethiopia
was again subject to a similar - I would say-
invasion more recently. I will not go into the details of
that.
In 1990, Kuwait was invaded. Although the
aggressors were booted out by the international
community under United Nations leadership, the Iraqi
leadership that perpetrated that aggression was never
made accountable until recently, under different
circumstances.
I am citing the above cases to underline the fact
that the international community, in particular the
Security Council, must act in time, in unison and
resolutely to ensure that the pacific settlement of those
disputes prevails. If those who prefer the peaceful and
legal route and those who flout international law and
legality are treated in the same way, no matter how
great our desire for peace, disputes in those
circumstances will not be settled peacefully, despite
our wishes and despite all the resolutions we may
adopt. But peace would be enhanced if the Security
Council took appropriate and timely measures against
those who flout international legality and the peaceful
route.
Peace will also be enhanced if the Security
Council continues to vigorously encourage and support
regional organizations, which can play an important
role in the pacific settlement of disputes because of
their geographical and political proximity to particular
conflicts. For example, in the case of Africa, the
Intergovernmental Authority on Development, under
the African Union, has been working to settle the
dispute in the Sudan. There are very good prospects
that, hopefully by early next year at the latest, there
will be a settlement of that long dispute, which has
resulted in the death of more than 2 million civilians.
With respect to the conflict in Somalia, peace
would be enhanced if the Security Council encouraged
the role of grass-roots civic organizations in keeping
with the multi-track approach to the peaceful
settlement of disputes in both inter-State and intra-
State conflicts.
There is also the growing and expanding role of
media and communication technologies - which, if
used in a balanced way, would also facilitate early
efforts at peacemaking. We know that, in cases where
that is not done, the media sometimes can in fact
contribute to lengthening, and giving a wrong picture
of, conflicts. In fact, by not talking about conflicts at
all the media can also contribute to obscuring the fact
that conflicts are arising in some parts of the world.
That is also particularly the case in Africa, as well as,
of course, in cases where the interests of big countries
and Powers are not directly involved.
As we know, those who are, for example,
perpetuating the conflicts in the Democratic Republic
of the Congo and Burundi could be very easily dealt
with. We could also have easily dealt with those who
were perpetuating the conflict in Angola when we
knew that there was a party to that conflict that refused
to accept what was agreed upon. Because the Security
Council and the international community did not act,
that conflict was lengthened, and hence the problems in
that part of Africa.
Finally, I would like to speak about the role of the
Secretary-General, who is perceived as neutral, in
carrying out personal mediation efforts or in
dispatching, as he sometimes does, his special
representatives, envoys and so-called friends of the
Secretary-General. That practice should continue to be
strengthened and supported by the Council, which is
not the case in some situations. We must mention -
and this is a matter of record - that the Council does
not in fact support the Secretary-General in this area.
My delegation is a firm believer in strengthening
the world body that is the United Nations. It is for that
reason that we will also not shy away from pointing out
weaknesses and from sometimes making what we
believe to be constructive criticisms.
The President: I thank the representative of
Ethiopia for his kind words addressed to me.
The next speaker inscribed on my list is the
representative of Armenia. I invite her to take a seat at
the Council table and to make her statement.
Ms. Davtyan (Armenia): At the outset, my
delegation would like to congratulate Pakistan on its
assumption of its duties as President of the Security
Council. We would also like to congratulate Mexico on
its successful completion of its presidency. Lastly, we
would like to thank the delegation of Pakistan for
organizing this very important meeting. We believe that
this is an interesting and thought-provoking discussion
that provides a good opportunity to once again pause
and reflect upon the ever-important matters of
international security and the peaceful settlement of
disputes.
In order to reach the noble objective of the
peaceful coexistence of nations, vigorous action at the
bilateral, regional and multilateral levels should be
pursued. Certainly, the Security Council has the
primary responsibility for the maintenance of
international peace and security, as conferred upon it
by the Charter of the United Nations. While modern
threats to international peace and security are taking
new shapes and forms, in its responses to various
conflicts the Security Council should also make an
effort, to the extent possible, to reflect the legal and
historic aspects of conflicts. That could further enhance
the effectiveness of the implementation of Security
Council resolutions.
We would also like to emphasise the role of the
Security Council under Chapter VIII to encourage the
pacific settlement of disputes through regional
arrangements and agencies. We believe that such
organizations are better placed and equipped to respond
to particular disputes, and that they can contribute to
the activities of the Security Council to that end.
The Charter of the United Nations reaffirms our
collective faith in fundamental human rights, in the
dignity and worth of the human person and in the equal
rights of men and women and of nations large and
small. Indeed, this is what must be put at the core of
our policies in order for us to succeed in our common
struggle for peace and security in the world. This can
be achieved by addressing the root causes of conflict,
by promoting economic, social and cultural
development and by ensuring universal respect for, and
effective enjoyment of, human rights by all, including
the right of peoples to self-determination. In this
regard, one cannot fail to recall the very crucial role
that the United Nations, and the Security Council in
particular, played in realizing one of its success stories,
the case of Timor-Leste.
Unfortunately, we in our region must also
struggle to resolve conflicts and ensure peace and
security. The conflict in Nagorny Karabakh was not the
result of armed aggression, as Azerbaijan tries to
present it, but the forced resort to self-defence of the
Karabakh population. That was the only choice left to
them in order to avoid mass deportation and massacre
following their peaceful, legal and just quest for self-
determination.
Moreover, Azerbaijan's claim on Nagorny
Karabakh and its blind adherence to the principle of
territorial integrity is legally deficient and invalid, as
Nagorny Karabakh has never been a part of
independent Azerbaijan. It was arbitrarily incorporated
into the administrative borders of Soviet Azerbaijan.
Consequently, after the break-up of the Soviet Union,
the people of Nagorny Karabakh peacefully exercised
their right to self-determination through popular vote,
in accordance with the laws and the constitution of the
former Soviet Union and international law.
Unfortunately, their quest for self-determination was
answered by a military onslaught against them.
With regard to the Security Council resolutions
mentioned by the representative of Azerbaijan, if one
chooses to refer to a document it is imperative that the
reference be made correctly. Armenia has done exactly
what Security Council resolutions have called for: to
use its good offices with the leadership of Nagorny
Karabakh to help find a peaceful solution to the
conflict through negotiations within the framework of
the Minsk Group of the Organization for Security and
Cooperation in Europe.
It is particularly alarming that, despite the
ceasefire in place and the peace negotiations under
way, there are forces in Azerbaijan, including within
high-level official circles, who are calling for a military
solution of the conflict. Indeed, it is up to Azerbaijan to
engage in the peace process constructively and to
negotiate in good faith in order to achieve a speedy
resolution to the conflict. My Government has always
been an advocate of a peaceful resolution of conflict
through mutual compromises based on the realities on
ground.
The President: We have heard the last speaker on
my list. With the consent of the Council, I shall now
give the floor to Sir Brian Urquhart and Judge Nabil
Elaraby to respond, if they so wish, to the comments
and questions that have been raised. I call on Sir Brian
Urquhart.
Sir Brian Urquhart: I greatly appreciated having
a chance to listen to this very serious, thought-
provoking and, indeed, quite imaginative debate on an
extremely important and really very difficult subject. I
have absolutely nothing to add to the many ideas and
suggestions that have been put forward.
Coming back here after many years, I am
impressed all over again, I must say, by the way the
Security Council is a curious combination of formality
and informality. Of course, the informal side would
inevitably lose its value if it were ever publicized. But
what impresses me is the reality of 15 highly qualified
and dedicated delegations working together day and
night on a wide variety of problems - and most of the
time working as a team. I think that is a very
encouraging sign of the vitality of the Security Council
and also of a great deal more work on the peaceful
settlement of disputes than the public at large has any
idea of. Of course, the formal development of the
means of peaceful settlement of disputes may well be a
great deal slower to come about. I hope very much that
suggestions made in this debate will serve to speed up
that very important process.
The President: I thank Sir Brian Urquhart for his
clarifications.
I now give the floor to Judge Nabil Elaraby.
Mr. Elaraby: For me also, sitting here today after
four years' absence from the Security Council was
definitely educational. We all heard comments and
assurances from States members of the Council
regarding the need to improve and enhance the
Council's capacity in the area of the pacific settlement
of disputes. The first step towards improvement is to
recognize that every system has its defects. Many
proposals were made here today, and the overall
approach was that members must dedicate themselves
to emphasizing their commitment to strengthening the
Council. That is a point that should be regarded as very
positive.
In the area of preventive diplomacy, it was made
very clear this morning by many, quoting the
Secretary-General, that we must move from a culture
of reaction to a culture of prevention. Here, of course,
the Secretary-General's role is very important. His
office holds endless potential in the area of the
peaceful settlement of disputes; it has definitely
surpassed the expectations of those who drafted the
Charter in 1945 . One can now say that the office of the
Secretary-General symbolizes one of the basic
purposes of the Charter: to be a centre for harmonizing
the actions of nations in the attainment of the common
objectives of the United Nations.
This morning, the representative of Germany, in
referring to the settlement of disputes and their referral
to the International Court of Justice, mentioned my
name, saying that perhaps I should like to elaborate on
that. So I shall do so very, very briefly.
There are three areas here: the first is wider
acceptance of the compulsory jurisdiction of the
International Court of Justice - as I said, to date, only
63 out of 190 States have accepted its jurisdiction; the
second is more referrals of disputes to the Court by the
Security Council, in accordance with paragraph 3 of
Article 36 of the Charter; the third is the question of
requests for advisory opinions. But if one looks at
those three different approaches, one sees that the
problem really is that disputes are not taken voluntarily
to the International Court of Justice by the parties or
through the Council, through the General Assembly or
through the Secretary-General. By "through the
Secretary-General", I mean that he can call upon the
parties; he still does not have any authority to ask for
an advisory opinion.
Many have said that disputes may be politically
inspired or politically motivated. Even before the
present International Court, the Permanent Court of
International Justice tried to clarify that point by saying
that a dispute is a disagreement on a point of law or of
fact. The present Court has made it very clear that it is
aware that political aspects may be present in any legal
dispute before it:
"The Court, as a judicial organ, is however only
concerned to establish, first, that the dispute
before it is a legal dispute, in the sense of a
dispute capable of being settled by the application
of principles and rules of international law, and
secondly, that the Court has jurisdiction to deal
with it, and that that jurisdiction is not fettered by
any circumstance rendering the application
inadmissible." (Border and Transborder Armed Actions (Nicaragua v. Honduras), Jurisdiction
and Admissibility, Judgment, International Court
ofJustice Reports 1988, p. 91, para. 52)
So the question of the political aspects of disputes
should not really prevent the referral of disputes to the
International Court of Justice.
Today, the Security Council made very important
and relevant proposals to enhance its role in the pacific
settlement of disputes. In fact, a wealth of relevant
material exists in the archives of the United Nations.
The worthy exercise initiated by you, Mr. President, in
holding this special meeting should be pursued
vigorously in order to translate existing ideas and
proposals into agreed practice.
In that context, I believe that the Security Council
may find it appropriate to proceed on three parallel
tracks. The first track is early involvement in disputes
and active exercise of preventive diplomacy. I think
there is general agreement on that; the main thing is to
increase such involvement. The second track is always
seeking to clarify legal matters. The third track is
actively and genuinely reviewing the Council's
working methods. Such internal reflection is needed to
provide the Council with appropriate tools to carry out
its responsibilities. It is time to embark on an action-
oriented effort to gain common ground for internal
reform.
In conclusion, I should like to express my thanks,
appreciation and gratitude to you, Ambassador Akram,
and to the Mission of Pakistan. I hope that the process
that you initiated will be a successful one.
The President: I thank Judge Elaraby for his
comments and his kind words. That brings us to the
end of our discussion.
After consultations among members of the
Security Council, I have been authorized to make the
following statement on behalf of the Council:
"The Security Council, guided by the
purposes and principles of the United Nations
Charter, reaffirms its commitment to maintain
international peace and security through effective
collective measures for the prevention and
removal of threats to the peace or other breaches
of the peace, and to bring about by peaceful
means, and in conformity with the principles of
justice and international law, adjustment or
settlement of international disputes or situations
which might lead to a breach of the peace.
"The Security Council recognizes that the
United Nations and its organs can play an
important role in preventing disputes from arising
between parties, in preventing existing disputes
from escalating into conflicts, and in containing
and resolving the conflicts when they occur. The
Security Council recalls, in this regard, the
successes of the United Nations in these areas.
"The Security Council recalls that the
Charter of the United Nations, particularly
Chapter VI, sets forth means and a framework for
the pacific settlement of disputes.
"The Security Council underscores that the
efforts to strengthen the process of the peaceful
settlement of disputes should be continued and
made more effective.
"The Security Council reiterates its
commitment to make a wider and effective use of
the procedures and means enshrined in the
provisions of the Charter of the United Nations
on the pacific settlement of disputes, particularly
Articles 33 to 38 (Chapter VI), as one of the
essential components of its work to promote and
maintain international peace and security.
The Security Council decides to
continue to keep this item under review."
This statement will be issued as a document or
the Security Council under the symbol S/PRST/2003/5.
There are no further speakers inscribed on my
list. The Security Council has thus concluded the
present stage of its consideration of the item on its
agenda.
The meeting rose at 5 pm,
▶ Cite this page
UN Project. “S/PV.4753Resumption1.” UN Project, https://un-project.org/meeting/S-PV-4753Resumption1/. Accessed .