(as delivered)
Statement by H.E. Mr. Motohide Yoshikawa
Permanent Representative of Japan to the United Nations
At the Security Council Ministerial Open Debate on
“The Respect of the Principles and Purposes of the Charter
of the United Nations as Key Elements for the Maintenance of
International Peace and Security”
15 February 2016
Señora Presidenta,
Doy la bienvenida a Ministra Delcy Rodríguez a Naciones Unidas. También la felicito por la Presidencia de la República Bolivariana de Venezuela por el mes de febrero.
Madame President,
I wish to begin by recalling the debate we had exactly one year ago at the Council on the very similar topic. At that occasion, Permanent Representative of Austria of that time, Ambassador Martin Sajdik, made a statement on behalf of the “Group of Friends of the Rule of Law,” which Japan belongs to. He stated that we should reaffirm our commitment to ALL the purposes and the principles, I repeat ALL the purposes and the principles, of the Charter and should not do so selectively. No “pick and choose.” I wish to repeat his words today.
In this connection, I have noticed in past Council debates that few Member States have mentioned the principle to fulfil their obligations under the Charter, more specifically under Article 2, paragraph 2.
Madame President,
In only one month, the DPRK conducted its fourth nuclear test and launched a ballistic missile in clear and flagrant violation of relevant Security Council resolutions. With the principle to fulfill obligations under the Charter in mind, this is not just a violation of Council resolutions, but also a totally unacceptable challenge to the UN Charter itself. These striking examples show how important it is for us to take concrete actions in condemning these violations. To do so is to maintain the authority and credibility of the United Nations. I would like to take this occasion to urge the DPRK to fully comply with the relevant Security Council resolutions and its international commitments, including their obligations under the UN Charter. I was very encouraged by the statements so far made by several delegations on this specific point.
In this connection, I reiterate the point I made in this Chamber last week, when we discussed the general issues related to the sanctions under your Presidency. The report by the panel of experts established pursuant to resolution 1874 issued last year, describes, “The Panel continues to observe Member States’ lack of implementation of Security Council resolutions, noting that inaction and low reporting levels may be due to lack of will, technical capacity and/or issues within their domestic legal system.”
I take this opportunity to call on all Member States, including all of us seated on this Council, to fulfill our own obligations under Security Council resolutions and the UN Charter. This is an important basis of the rule of law.
Madame President,
I welcome that your concept note refers to the importance of the principle of the peaceful settlement of disputes. It is critical to settle disputes by peaceful means based on international law and not by force or coercion.
The rule of law is embodied, in its most visible form, in judicial organs. By applying international law, judicial organs such as international courts disentangle complicated disputes and offer legal solutions. Everyone in this Chamber agrees that judicial bodies are important, but I cannot help noticing that Member States, including my own, devote a lot of energy to elections of the judges of those bodies. We should also be very active in actually making use of them.
Take the International Court of Justice (ICJ) as an example. The ICJ has played a constructive role in the field of the peaceful settlement of international disputes for 7 decades by resolving 150 cases. In this context, I wish to repeat the plea of my government that more Member States accept the compulsory jurisdiction of the Court. For Member States who have not yet done so, let me remind that there is “The Handbook on accepting the jurisdiction of the International Court of Justice,” which is available on the ICJ website. This Handbook, co-authored by 7 member states including Japan and led by Switzerland can serve as a useful reference.
Madame President,
I would like to emphasize that the rule of law should also be respected in oceans and seas. The International Tribunal for the Law of the Sea (ITLOS) based in Hamburg, Germany, can be a very effective legal mechanism towards this end. I am pleased to see that 23 cases have been referred to the ITLOS in its 20 year history, including 4 disputes involving my country.
At the same time, I believe that the ITLOS has large potential with its excellent judges, capable staff members of the Registry and a biannual budget of more than 18 million Euros (2015-2016). I take this opportunity to call for active utilization of the tribunal to ensure the rule of law in the seas.
Madame President,
Finally, let me refer to the Security Council and its relations with the International Criminal Court (ICC). The ICC, the first permanent international criminal court, is one of the most effective tools available for the Council to end impunity and thereby contributing to the maintenance of international peace and security. This Council can do more to enhance cooperation and communication with the ICC.
Madame President,
I would like to end my statement by reaffirming Japan’s determination to continue on our path together with the United Nations so that the purposes and principles of the Charter are duly observed in the actual world.
Le agradezco, Señora Presidenta.
