Presentation Final Report "The Security Council and the Rule of Law" - State Secretary Winkler
Presentation of the Final Report and Recommendations from the Austrian Initiative 2004-2008 on "The UN Security Council and the Rule of Law”
Monday, 7 April 2008
Introduction by State Secretary Hans Winkler
Mr. President,
Excellencies,
Ladies and Gentlemen,
It is my great pleasure to introduce the final report and recommendations from the Austrian Initiative from 2004 to 2008 on “The UN Security Council and the Rule of Law”, which was organized by the Austrian Permanent Mission in cooperation with the New York University School of Law.
Austria is a long-time advocate of international law and the rule of law - for good reasons: The security of small and medium-sized States like Austria that are not members of a military alliance depends to a large extent on the respect for international norms by other States. We therefore have a clear security interest in strengthening international law and the rule of law.
Last summer, at a panel discussion at Alpbach, Austria, on the very topic of the report that will be presented today, I had called the rule of law “the weapon of small States”. This provocative statement caused many reactions. Today, half a year later here at the United Nations in New York, I maintain my position, yet with a minor but important modification: The rule of law is not only the weapon for small, but for all States.
But our motives to promote the rule of law are not solely based on security interests. We have always stressed that international development and global well-being will increase by promoting international and national rules: Human rights are strengthened when individuals can point at legal obligations of States and governmental authorities. Post-conflict societies will heal better and faster when criminals are brought to justice in fair and independent proceedings. Private investors will invest in developing countries if they are confident that potential benefits will be legally protected. People feel safer if they know that governments are bound to respect their rights and international institutions help safeguarding them.
In our view, clear and foreseeable rules, adherence to these rules and a system to prevent or sanction violations of rules are preconditions for lasting peace, security, economic development and social progress. It is thus imperative to strengthen the rule of law in all its dimensions, i.e. at the national, international and institutional levels.
Many share this view. In his address to the 59th General Assembly, former Secretary-General Kofi Annan announced to make the strengthening of the rule of law a priority of the United Nations. Not least due to the efforts of Austria together with a group of like-minded “friends of the rule of law”, at the 2005 World Summit in New York the Heads of State and Government committed themselves to an international order based on the rule of law and supported the establishment of a Rule of Law Unit in the Secretariat.
In 2004, as a contribution to Secretary General Annan’s efforts, Austria launched an initiative on “The role of the Security Council in strengthening a rules-based international system”. While a vast body of international rules has emerged in the past years, the mere existence of these rules does not necessarily mean that they will also be applied.
Especially with regard to resolutions adopted by the UN Security Council we have witnessed a certain deterioration of adherence and compliance over the past few years.
In order to strengthen the rule of law today, we have to focus not only on the making of rules, but even more importantly on the observance and implementation of such rules. The UN Security Council, as the most powerful multilateral political institution, can effectively contribute towards strengthening the rule of law in its various fields of activity.
Starting in November 2004, the Austrian Permanent Mission in New York, in cooperation with the Institute for International Law and Justice at New York University School of Law, convened a series of panel discussions on various aspects of the central theme at UN Headquarters in New York. Previous panels have focussed on questions such as “The Security Council as World Legislator?” (November 2004), “Who needs rules?” (May 2005), “The Security Council as World Judge?” (October 2005), “The Security Council as World Executive?” (October 2006) and “The Security Council and the Individual” (March 2007).[1]
The topic was also discussed at several meetings of an Advisory Group of key experts in UN affairs, which was established to provide strategic guidance to the initiative, and analyzed in depth at a Retreat at Alpbach, Austria, in August 2007. Some preliminary conclusions and recommendations that emerged from these debates were publicly presented and discussed at a panel in New York during the International Law Week last November, to which all UN members were invited.
Today, especially as former Legal Adviser at the Austrian Foreign Ministry, I am proud to introduce the final outcome of this four-years’ project: The Rapporteur of the Austrian Initiative, Professor Simon Chesterman, will present the final report on “The UN Security Council and the Rule of Law” with 17 concrete recommendations how the Security Council could support the rule of law in its various fields of activity in order to strengthen an international system based on rules. [Printed copies of the report have been distributed in the room; an electronic copy can be downloaded from the website of the Austrian Mission in New York.[2]
The report reflects the manifold discussions, ideas and recommendations that had emerged over the past four years. In this sense, the report prepared by Professor Chesterman has many authors and represents the outcome of a collective effort. And that had always been our goal. The rule of law is not an “Austrian” issue. And although we are proud of having taken this initiative, the result reflected in this report is as much a global effort as the United Nations has ever seen. It includes the input of delegates from States large and small, of experts from the UN and civil society, and of renowned academics. This report not only has many fathers – and mothers – it has a family tree rooted in our shared values and beliefs.
The recommendations contained in the report are intended to be pragmatic and realistic, although some might be more difficult to implement than others. They attempt to take into account the interests of all States, large and small, developing and developed, as well as permanent and non-permanent members of the Security Council.
We hope that this report will contribute to further discussions to support the role of the Security Council in promoting a rules-based international system and maintaining international peace and security under the rule of law.
Before giving the floor to Professor Chesterman, on behalf of the Austrian Government, it is my duty and pleasure to sincerely thank all “friends of the rule of law” for their longstanding friendship, important contributions and invaluable support for this joint initiative. The list of friends and supporters is very extensive and I can only mention a few.
I would like to personally thank the President of the General Assembly Srgjan Kerim for accepting our invitation to open today’s meeting.
We also express our deep gratitude to Secretary-General Ban Ki-moon, his predecessor Kofi Annan, Deputy Secretary-General Asha-Rose Migiro, and her predecessor Louise Frechette for their support for our initiative. Special thanks are due to Under-Secretary-General Nicolas Michel and Under-Secretary-General Ibrahim Gambari, who have participated in this process from its inception.
We would like to take this opportunity to thank our friends and partners at New York University, Professor Simon Chesterman, Professor Benedict Kingsbury and Professor Thomas Franck for the partnership and excellent cooperation over the past years, which we hope to continue in the future.
We are also very grateful to the numerous outstanding speakers at the panel discussions, the members of the Advisory Group and participants at the Alpbach Retreat, as well as all other participants for their valuable comments and suggestions.
Most of all, we are indebted to all of you here today: Many of you have accompanied this project since its inception. Your continuous interest, loyal support and many insightful contributions have propelled this initiative over the years. Thank you for having made this a truly joint project!
Finally, I would like to thank Ambassador Gerhard Pfanzelter and his team at the Austrian Mission in New York, as well as their colleagues in Vienna, who – together with Professor Chesterman – have steered the Austrian Initiative over the past four years. Without all their hard work and dedication the report presented today could not have been accomplished.
Thank you.
