Statement by H.E. Ambassador MIKANAGI Tomohiro, Deputy Permanent Representative of Japan to the United Nations, at the seventy-ninth session of the United Nations General Assembly, the plenary meeting on the Report of the International Court of Justice (Agenda Item 73)

 
Mr. President,
President of the International Court of Justice,
Distinguished Delegates,
 
I would like to express my gratitude to President Salam for his leadership and the informative report on the Court's activities. Japan commends the Members of the Court and the Registry for their valuable contributions to the effective functioning of the Court.
 
Mr. President,
 
The role of the Court in maintaining international peace and stability has never been more critical.
 
The increase in the volume of the Court’s caseload and the number of subject matters brought before the Court appears to demonstrate the confidence of States in the Court’s ability to resolve disputes. Unprecedented numbers of States have participated in the recent proceedings of the ICJ. Japan highly appreciates the Court’s efforts in seeking sound legal analysis and has full confidence in its work. Japan believes that the ICJ’s balanced approach in interpreting treaties and applying customary international law, based on solid evidence and authority, should continue to help the Court maintain the trust of the international community.
 
Japan has been actively involved in promoting the rule of law on the international stage. Last year, as a member of the Security Council, Japan convened an open debate on "The rule of law among nations," calling for unity in upholding this principle. Japan’s highest political leadership has consistently supported the role of the ICJ and the promotion of the rule of law.
 
Mr. President,
 
In February, Japan participated in the oral proceeding of the advisory opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. Japan elaborated on the acquisition of territory by force, which we believe contributed to the deliberation by the Court to some extent. Japan will continue to make constructive contribution to the ICJ’s role in interpreting and applying the basic principles of the UN Charter which are essential for the maintenance of international peace and security, including through active participation in the proceedings.
 
Mr. President,
 
Japan welcomes the outcome of the Summit of the Future. In the “Pact for the Future”, the importance of the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States was recalled. The Declaration, adopted in 1970, said: “the faithful observance of the principles of international law concerning friendly relations and co-operation among States and the fulfillment in good faith of the obligations assumed by States is of the greatest importance for the maintenance of international peace and security.”
 
Here, Japan places emphasis on the term “good faith”. If agreements are not observed in good faith, the rule of law would not exist, and rule by force would prevail. The decisions of the international tribunals including the ICJ, must be implemented in good faith.
 
Mr. President,
 
Only 74 out of 193 UN Member States have accepted the compulsory jurisdiction of the ICJ. Japan encourages more States to do so, as this would significantly strengthen the rule of law and contribute to the peaceful resolution of disputes.
 
The Pact for the Future also refers to Article 27(3) of the Charter, which stipulates that a party to a dispute shall abstain from voting in Council decisions regarding that dispute. We recognize that this provision has not been applied for a long time. However, we must observe all the provisions of the UN Charter, and we must explore all the possible options in order to avoid any military action and hostilities and settle conflicts and disputes exclusively by peaceful means.
 
Mr. President,
 
In conclusion, I reiterate Japan’s steadfast support for the role of the Court in upholding the rule of law as the principal judicial organ of the United Nations. Japan remains committed to promoting the rule of law as a foundation of international peace and security.
 
I thank you, Mr. President.