New York “Declaration on the Rule of Law at the National and International Levels” of 2012
About Ignita Veritas United
Ignita Veritas United (IVU) is an inter-governmental organization (IGO) advancing human rights. It features Ignita Veritas University (IV University) - among only 5 universities in the world with diplomatic status, Magna Carta Bar Chambers (MCBC) - an international law firm of Barristers as the university law center, and Sovereign Court of International Justice (SCIJ) - operated by the independent Judiciary profession.
Tag Cloud
1
Sovereign Law Series
New York “Declaration on the
Rule of Law at the National and
International Levels” of 2012
Short-Form Reference:
2012 “Declaration on Rule of Law at International Levels”
In-Line Micro Reference:
2012 “Declaration on Rule of Law”
Ratification / Registration:
UN-GA Res. 67/L.1 New York (24 Sep 2012)
© 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved.
The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of
works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All
unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit
infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense
punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).
2
Introductory Notes by the Independent Judiciary
Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:
Introduction & Index
Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).
Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.
Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.
Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]
3
Official Text of this Law Source as Ratified
Declaration on the Rule of Law at the
National and International Levels
The General Assembly,
Adopts the following Declaration:
We, Heads of State and Government, and heads of delegation have gathered at United
Nations Headquarters in New York on 24 September 2012 to reaffirm our commitment
to the rule of law and its fundamental importance for political dialogue and
cooperation among all States and for the further development of the three main
pillars upon which the United Nations is built: international peace and security, human
rights and development. We agree that our collective response to the challenges and
opportunities arising from the many complex political, social and economic
transformations before us must be guided by the rule of law, as it is the foundation of
friendly and equitable relations between States and the basis on which just and fair
societies are built.
PART I
1.
We reaffirm our solemn commitment to the purposes and principles of the
Charter of the United Nations, international law and justice, and to an international
order based on the rule of law, which are indispensable foundations for a more
peaceful, prosperous and just world.
2.
We recognize that the rule of law applies to all States equally, and to
international organizations, including the United Nations and its principal organs, and
that respect for and promotion of the rule of law and justice should guide all of their
activities and accord predictability and legitimacy to their actions. We also recognize
that all persons, institutions and entities, public and private, including the State itself,
are accountable to just, fair and equitable laws and are entitled without any
discrimination to equal protection of the law.
4
3.
We are determined to establish a just and lasting peace all over the world, in
accordance with the purposes and principles of the Charter of the United Nations. We
rededicate ourselves to support all efforts to uphold the sovereign equality of all
States, to respect their territorial integrity and political independence, to refrain in our
international relations from the threat or use of force in any manner inconsistent with
the purposes and principles of the United Nations, and to uphold the resolution of
disputes by peaceful means and in conformity with the principles of justice and
international law, the right to self-determination of peoples which remain under
colonial domination and foreign occupation, non-interference in the internal affairs of
States, respect for human rights and fundamental freedoms, respect for the equal
rights of all without distinction as to race, sex, language or religion, international
cooperation in solving international problems of an economic, social, cultural or
humanitarian character and the fulfillment in good faith of the obligations assumed in
accordance with the Charter.
4.
We reaffirm the duty of all States to settle their international disputes by
peaceful means, inter alia through negotiation, enquiry, good offices, mediation,
conciliation, arbitration and judicial settlement, or other peaceful means of their own
choice.
5.
We reaffirm that human rights, the rule of law and democracy are interlinked
and mutually reinforcing and that they belong to the universal and indivisible core
values and principles of the United Nations.
6.
We reaffirm the solemn commitment of our States to fulfill their obligations to
promote universal respect for, and the observance and protection of, all human rights
and fundamental freedoms for all. The universal nature of these rights and freedoms
is beyond question. We emphasize the responsibilities of all States, in conformity with
the Charter, to respect human rights and fundamental freedoms for all, without
distinction of any kind.
7.
We are convinced that the rule of law and development are strongly
interrelated and mutually reinforcing, that the advancement of the rule of law at the
national and international levels is essential for sustained and inclusive economic
growth, sustainable development, the eradication of poverty and hunger and the full
realization of all human rights and fundamental freedoms, including the right to
development, all of which in turn reinforce the rule of law, and for this reason we are
convinced that this interrelationship should be considered in the post-2015
international development agenda.
5
8.
We recognize the importance of fair, stable and predictable legal frameworks
for generating inclusive, sustainable and equitable development, economic growth
and employment, generating investment and facilitating entrepreneurship, and in this
regard we commend the work of the United Nations Commission on International
Trade Law in modernizing and harmonizing international trade law.
9.
States are strongly urged to refrain from promulgating and applying any
unilateral economic, financial or trade measures not in accordance with international
law and the Charter that impede the full achievement of economic and social
development, particularly in developing countries.
10. We recognize the progress made by countries in advancing the rule of law as an
integral part of their national strategies. We also recognize that there are common
features founded on international norms and standards which are reflected in a broad
diversity of national experiences in the area of the rule of law. In this regard, we stress
the importance of promoting the sharing of national practices and of inclusive
dialogue.
11. We recognize the importance of national ownership in rule of law activities,
strengthening justice and security institutions that are accessible and responsive to
the needs and rights of all individuals and which build trust, promote social cohesion
and economic prosperity.
12. We reaffirm the principle of good governance and commit to an effective, just,
non-discriminatory and equitable delivery of public services pertaining to the rule of
law, including criminal, civil and administrative justice, commercial dispute settlement
and legal aid.
13. We are convinced that the independence of the judicial system, together with
its impartiality and integrity, is an essential prerequisite for upholding the rule of law
and ensuring that there is no discrimination in the administration of justice.
14. We emphasize the right of equal access to justice for all, including members of
vulnerable groups, and the importance of awareness-raising concerning legal rights,
and in this regard we commit to taking all necessary steps to provide fair, transparent,
effective, non-discriminatory and accountable services that promote access to justice
for all, including legal aid.
15. We acknowledge that informal justice mechanisms, when in accordance with
international human rights law, play a positive role in dispute resolution, and that
everyone, particularly women and those belonging to vulnerable groups, should enjoy
full and equal access to these justice mechanisms.
6
16. We recognize the importance of ensuring that women, on the basis of the
equality of men and women, fully enjoy the benefits of the rule of law, and commit to
using law to uphold their equal rights and ensure their full and equal participation,
including in institutions of governance and the judicial system, and recommit to
establishing appropriate legal and legislative frameworks to prevent and address all
forms of discrimination and violence against women and to secure their
empowerment and full access to justice.
17. We recognize the importance of the rule of law for the protection of the rights
of the child, including legal protection from discrimination, violence, abuse and
exploitation, ensuring the best interests of the child in all actions, and recommit to the
full implementation of the rights of the child.
18. We emphasize the importance of the rule of law as one of the key elements of
conflict prevention, peacekeeping, conflict resolution and peacebuilding, stress that
justice, including transitional justice, is a fundamental building block of sustainable
peace in countries in conflict and post-conflict situations, and stress the need for the
international community, including the United Nations, to assist and support such
countries, upon their request, as they may face special challenges during their
transition.
19. We stress the importance of supporting national civilian capacity development
and institution-building in the aftermath of conflict, including through peacekeeping
operations in accordance with their mandates, with a view to delivering more effective
civilian capacities, as well as enhanced, international, regional, North-South, South-
South and triangular cooperation, including in the field of the rule of law.
20. We stress that greater compliance with international humanitarian law is an
indispensable prerequisite for improving the situation of victims of armed conflict, and
we reaffirm the obligation of all States and all parties to armed conflict to respect and
ensure respect for international humanitarian law in all circumstances, and also stress
the need for wide dissemination and full
implementation of
international
humanitarian law at the national level.
21. We stress the importance of a comprehensive approach to transitional justice
incorporating the full range of judicial and non-judicial measures to ensure
accountability, serve justice, provide remedies to victims, promote healing and
reconciliation, establish independent oversight of the security system and restore
confidence in the institutions of the State and promote the rule of law. In this respect,
we underline that truth-seeking processes, including those that investigate patterns of
past violations of international human rights law and international humanitarian law
and their causes and consequences, are important tools that can complement judicial
processes.
7
22. We commit to ensuring that impunity is not tolerated for genocide, war crimes
and crimes against humanity or for violations of international humanitarian law and
gross violations of human rights law, and that such violations are properly investigated
and appropriately sanctioned, including by bringing the perpetrators of any crimes to
justice, through domestic mechanisms or, where appropriate, regional or international
mechanisms, in accordance with international law, and for this purpose we encourage
States to strengthen national judicial systems and institutions.
23. We recognize the role of the International Criminal Court in a multilateral
system that aims to end impunity and establish the rule of law, and in this respect, we
welcome the States that have become parties to the Rome Statute of the International
Criminal Court, and call upon all States that are not yet parties to the Statute to
consider ratifying or acceding to it, and emphasize the importance of cooperation with
the Court.
24. We stress the importance of strengthened international cooperation, based on
the principles of shared responsibility and in accordance with international law, in
order to dismantle illicit networks and counter the world drug problem and
transnational organized crime, including money-laundering, trafficking in persons,
trafficking in arms and other forms of organized crime, all of which threaten national
security and undermine sustainable development and the rule of law.
25. We are convinced of the negative impact of corruption, which obstructs
economic growth and development, erodes public confidence, legitimacy and
transparency and hinders the making of fair and effective laws, as well as their
administration, enforcement and adjudication, and therefore stress the importance of
the rule of law as an essential element in addressing and preventing corruption,
including through strengthening cooperation among States concerning criminal
matters.
26. We reiterate our strong and unequivocal condemnation of terrorism in all its
forms and manifestations, committed by whomever, wherever and for whatever
purposes, as it constitutes one of the most serious threats to international peace and
security. We reaffirm that all measures used in the fight against terrorism must be in
compliance with the obligations of States under international law, including the
Charter of the United Nations, in particular the purposes and principles thereof, and
relevant conventions and protocols, in particular human rights law, refugee law and
humanitarian law.
8
PART II
27. We recognize the positive contribution of the General Assembly, as the chief
deliberative and representative organ of the United Nations, to the rule of law in all its
aspects through policymaking and standard setting, and through the progressive
development of international law and its codification.
28. We recognize the positive contribution of the Security Council to the rule of law
while discharging its primary responsibility for the maintenance of international peace
and security.
29. Recognizing the role under the Charter of effective collective measures in
maintaining and restoring international peace and security, we encourage the Security
Council to continue to ensure that sanctions are carefully targeted, in support of clear
objectives and designed carefully so as to minimize possible adverse consequences,
and that fair and clear procedures are maintained and further developed.
30. We recognize the positive contribution of the Economic and Social Council to
strengthening the rule of law, pursuing the eradication of poverty and furthering the
economic, social and environmental dimensions of sustainable development.
31. We recognize the positive contribution of the International Court of Justice, the
principal judicial organ of the United Nations, including in adjudicating disputes among
States, and the value of its work for the promotion of the rule of law. We reaffirm the
obligation of all States to comply with the decisions of the International Court of
Justice in cases to which they are parties; and we call upon States that have not yet
done so to consider accepting the jurisdiction of the International Court of Justice in
accordance with its Statute. We also recall the ability of the relevant organs of the
United Nations to request advisory opinions from the International Court of Justice.
32. We recognize the contributions of the International Tribunal for the Law of the
Sea, as well as other international courts and tribunals, in advancing the rule of law at
the international and national levels.
33. We commend the work of the International Law Commission in advancing the
rule of law at the international level through the progressive development of
international law and its codification.
34. We recognize the essential role of parliaments in the rule of law at the national
level, and welcome the interaction among the United Nations, national parliaments
and the Inter-Parliamentary Union.
9
35. We are convinced that good governance at the international level is
fundamental for strengthening the rule of law, and stress the importance of
continuing efforts to revitalize the General Assembly, to reform the Security Council
and to strengthen the Economic and Social Council, in accordance with relevant
resolutions and decisions.
36. We take note of the important decisions on reform of the governance
structures, quotas and voting rights of the Bretton Woods institutions, better
reflecting current realities and enhancing the voice and participation of developing
countries, and we reiterate the importance of the reform of the governance of those
institutions in order to deliver more effective, credible, accountable and legitimate
institutions.
PART III
37. We reaffirm that States shall abide by all their obligations under international
law, and stress the need to strengthen support to States, upon their request, in the
domestic implementation of their respective international obligations through
enhanced technical assistance and capacity-building.
38. We stress the importance of international cooperation and invite donors,
regional, subregional and other intergovernmental organizations, as well as relevant
civil society actors, including non-governmental organizations, to provide, at the
request of States, technical assistance and capacity-building, including education and
training on rule of law related issues, as well as to share practices and lessons learned
on the rule of law at the international and national levels.
39. We take note of the report of the Secretary-General entitled “Delivering justice:
Programme of action to strengthen the rule of law at the national and international
levels”.
40. We request the Secretary-General to ensure greater coordination and
coherence among the United Nations entities and with donors and recipients to
improve the effectiveness of rule of law capacity-building activities.
41. We emphasize the importance of continuing our consideration and promotion
of the rule of law in all its aspects and, to that end, we decide to pursue our work in
the General Assembly to develop further the linkages between the rule of law and the
three main pillars of the United Nations: peace and security, human rights and
development. To that end, we request the Secretary-General to propose ways and
means of developing, with wide stakeholder participation, further such linkages, and
to include this in his report to the General Assembly at its sixty-eighth session.
10
42. We acknowledge the efforts to strengthen the rule of law through voluntary
pledges in the context of the High-level Meeting, and encourage States that have not
done so to consider making pledges individually or jointly, based on their national
priorities, including pledges aimed at sharing knowledge, best practices and enhancing
international cooperation, including regional and South-South cooperation.
Sovereign Law Series
New York “Declaration on the
Rule of Law at the National and
International Levels” of 2012
Short-Form Reference:
2012 “Declaration on Rule of Law at International Levels”
In-Line Micro Reference:
2012 “Declaration on Rule of Law”
Ratification / Registration:
UN-GA Res. 67/L.1 New York (24 Sep 2012)
© 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved.
The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of
works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All
unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit
infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense
punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).
2
Introductory Notes by the Independent Judiciary
Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:
Introduction & Index
Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).
Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.
Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.
Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]
3
Official Text of this Law Source as Ratified
Declaration on the Rule of Law at the
National and International Levels
The General Assembly,
Adopts the following Declaration:
We, Heads of State and Government, and heads of delegation have gathered at United
Nations Headquarters in New York on 24 September 2012 to reaffirm our commitment
to the rule of law and its fundamental importance for political dialogue and
cooperation among all States and for the further development of the three main
pillars upon which the United Nations is built: international peace and security, human
rights and development. We agree that our collective response to the challenges and
opportunities arising from the many complex political, social and economic
transformations before us must be guided by the rule of law, as it is the foundation of
friendly and equitable relations between States and the basis on which just and fair
societies are built.
PART I
1.
We reaffirm our solemn commitment to the purposes and principles of the
Charter of the United Nations, international law and justice, and to an international
order based on the rule of law, which are indispensable foundations for a more
peaceful, prosperous and just world.
2.
We recognize that the rule of law applies to all States equally, and to
international organizations, including the United Nations and its principal organs, and
that respect for and promotion of the rule of law and justice should guide all of their
activities and accord predictability and legitimacy to their actions. We also recognize
that all persons, institutions and entities, public and private, including the State itself,
are accountable to just, fair and equitable laws and are entitled without any
discrimination to equal protection of the law.
4
3.
We are determined to establish a just and lasting peace all over the world, in
accordance with the purposes and principles of the Charter of the United Nations. We
rededicate ourselves to support all efforts to uphold the sovereign equality of all
States, to respect their territorial integrity and political independence, to refrain in our
international relations from the threat or use of force in any manner inconsistent with
the purposes and principles of the United Nations, and to uphold the resolution of
disputes by peaceful means and in conformity with the principles of justice and
international law, the right to self-determination of peoples which remain under
colonial domination and foreign occupation, non-interference in the internal affairs of
States, respect for human rights and fundamental freedoms, respect for the equal
rights of all without distinction as to race, sex, language or religion, international
cooperation in solving international problems of an economic, social, cultural or
humanitarian character and the fulfillment in good faith of the obligations assumed in
accordance with the Charter.
4.
We reaffirm the duty of all States to settle their international disputes by
peaceful means, inter alia through negotiation, enquiry, good offices, mediation,
conciliation, arbitration and judicial settlement, or other peaceful means of their own
choice.
5.
We reaffirm that human rights, the rule of law and democracy are interlinked
and mutually reinforcing and that they belong to the universal and indivisible core
values and principles of the United Nations.
6.
We reaffirm the solemn commitment of our States to fulfill their obligations to
promote universal respect for, and the observance and protection of, all human rights
and fundamental freedoms for all. The universal nature of these rights and freedoms
is beyond question. We emphasize the responsibilities of all States, in conformity with
the Charter, to respect human rights and fundamental freedoms for all, without
distinction of any kind.
7.
We are convinced that the rule of law and development are strongly
interrelated and mutually reinforcing, that the advancement of the rule of law at the
national and international levels is essential for sustained and inclusive economic
growth, sustainable development, the eradication of poverty and hunger and the full
realization of all human rights and fundamental freedoms, including the right to
development, all of which in turn reinforce the rule of law, and for this reason we are
convinced that this interrelationship should be considered in the post-2015
international development agenda.
5
8.
We recognize the importance of fair, stable and predictable legal frameworks
for generating inclusive, sustainable and equitable development, economic growth
and employment, generating investment and facilitating entrepreneurship, and in this
regard we commend the work of the United Nations Commission on International
Trade Law in modernizing and harmonizing international trade law.
9.
States are strongly urged to refrain from promulgating and applying any
unilateral economic, financial or trade measures not in accordance with international
law and the Charter that impede the full achievement of economic and social
development, particularly in developing countries.
10. We recognize the progress made by countries in advancing the rule of law as an
integral part of their national strategies. We also recognize that there are common
features founded on international norms and standards which are reflected in a broad
diversity of national experiences in the area of the rule of law. In this regard, we stress
the importance of promoting the sharing of national practices and of inclusive
dialogue.
11. We recognize the importance of national ownership in rule of law activities,
strengthening justice and security institutions that are accessible and responsive to
the needs and rights of all individuals and which build trust, promote social cohesion
and economic prosperity.
12. We reaffirm the principle of good governance and commit to an effective, just,
non-discriminatory and equitable delivery of public services pertaining to the rule of
law, including criminal, civil and administrative justice, commercial dispute settlement
and legal aid.
13. We are convinced that the independence of the judicial system, together with
its impartiality and integrity, is an essential prerequisite for upholding the rule of law
and ensuring that there is no discrimination in the administration of justice.
14. We emphasize the right of equal access to justice for all, including members of
vulnerable groups, and the importance of awareness-raising concerning legal rights,
and in this regard we commit to taking all necessary steps to provide fair, transparent,
effective, non-discriminatory and accountable services that promote access to justice
for all, including legal aid.
15. We acknowledge that informal justice mechanisms, when in accordance with
international human rights law, play a positive role in dispute resolution, and that
everyone, particularly women and those belonging to vulnerable groups, should enjoy
full and equal access to these justice mechanisms.
6
16. We recognize the importance of ensuring that women, on the basis of the
equality of men and women, fully enjoy the benefits of the rule of law, and commit to
using law to uphold their equal rights and ensure their full and equal participation,
including in institutions of governance and the judicial system, and recommit to
establishing appropriate legal and legislative frameworks to prevent and address all
forms of discrimination and violence against women and to secure their
empowerment and full access to justice.
17. We recognize the importance of the rule of law for the protection of the rights
of the child, including legal protection from discrimination, violence, abuse and
exploitation, ensuring the best interests of the child in all actions, and recommit to the
full implementation of the rights of the child.
18. We emphasize the importance of the rule of law as one of the key elements of
conflict prevention, peacekeeping, conflict resolution and peacebuilding, stress that
justice, including transitional justice, is a fundamental building block of sustainable
peace in countries in conflict and post-conflict situations, and stress the need for the
international community, including the United Nations, to assist and support such
countries, upon their request, as they may face special challenges during their
transition.
19. We stress the importance of supporting national civilian capacity development
and institution-building in the aftermath of conflict, including through peacekeeping
operations in accordance with their mandates, with a view to delivering more effective
civilian capacities, as well as enhanced, international, regional, North-South, South-
South and triangular cooperation, including in the field of the rule of law.
20. We stress that greater compliance with international humanitarian law is an
indispensable prerequisite for improving the situation of victims of armed conflict, and
we reaffirm the obligation of all States and all parties to armed conflict to respect and
ensure respect for international humanitarian law in all circumstances, and also stress
the need for wide dissemination and full
implementation of
international
humanitarian law at the national level.
21. We stress the importance of a comprehensive approach to transitional justice
incorporating the full range of judicial and non-judicial measures to ensure
accountability, serve justice, provide remedies to victims, promote healing and
reconciliation, establish independent oversight of the security system and restore
confidence in the institutions of the State and promote the rule of law. In this respect,
we underline that truth-seeking processes, including those that investigate patterns of
past violations of international human rights law and international humanitarian law
and their causes and consequences, are important tools that can complement judicial
processes.
7
22. We commit to ensuring that impunity is not tolerated for genocide, war crimes
and crimes against humanity or for violations of international humanitarian law and
gross violations of human rights law, and that such violations are properly investigated
and appropriately sanctioned, including by bringing the perpetrators of any crimes to
justice, through domestic mechanisms or, where appropriate, regional or international
mechanisms, in accordance with international law, and for this purpose we encourage
States to strengthen national judicial systems and institutions.
23. We recognize the role of the International Criminal Court in a multilateral
system that aims to end impunity and establish the rule of law, and in this respect, we
welcome the States that have become parties to the Rome Statute of the International
Criminal Court, and call upon all States that are not yet parties to the Statute to
consider ratifying or acceding to it, and emphasize the importance of cooperation with
the Court.
24. We stress the importance of strengthened international cooperation, based on
the principles of shared responsibility and in accordance with international law, in
order to dismantle illicit networks and counter the world drug problem and
transnational organized crime, including money-laundering, trafficking in persons,
trafficking in arms and other forms of organized crime, all of which threaten national
security and undermine sustainable development and the rule of law.
25. We are convinced of the negative impact of corruption, which obstructs
economic growth and development, erodes public confidence, legitimacy and
transparency and hinders the making of fair and effective laws, as well as their
administration, enforcement and adjudication, and therefore stress the importance of
the rule of law as an essential element in addressing and preventing corruption,
including through strengthening cooperation among States concerning criminal
matters.
26. We reiterate our strong and unequivocal condemnation of terrorism in all its
forms and manifestations, committed by whomever, wherever and for whatever
purposes, as it constitutes one of the most serious threats to international peace and
security. We reaffirm that all measures used in the fight against terrorism must be in
compliance with the obligations of States under international law, including the
Charter of the United Nations, in particular the purposes and principles thereof, and
relevant conventions and protocols, in particular human rights law, refugee law and
humanitarian law.
8
PART II
27. We recognize the positive contribution of the General Assembly, as the chief
deliberative and representative organ of the United Nations, to the rule of law in all its
aspects through policymaking and standard setting, and through the progressive
development of international law and its codification.
28. We recognize the positive contribution of the Security Council to the rule of law
while discharging its primary responsibility for the maintenance of international peace
and security.
29. Recognizing the role under the Charter of effective collective measures in
maintaining and restoring international peace and security, we encourage the Security
Council to continue to ensure that sanctions are carefully targeted, in support of clear
objectives and designed carefully so as to minimize possible adverse consequences,
and that fair and clear procedures are maintained and further developed.
30. We recognize the positive contribution of the Economic and Social Council to
strengthening the rule of law, pursuing the eradication of poverty and furthering the
economic, social and environmental dimensions of sustainable development.
31. We recognize the positive contribution of the International Court of Justice, the
principal judicial organ of the United Nations, including in adjudicating disputes among
States, and the value of its work for the promotion of the rule of law. We reaffirm the
obligation of all States to comply with the decisions of the International Court of
Justice in cases to which they are parties; and we call upon States that have not yet
done so to consider accepting the jurisdiction of the International Court of Justice in
accordance with its Statute. We also recall the ability of the relevant organs of the
United Nations to request advisory opinions from the International Court of Justice.
32. We recognize the contributions of the International Tribunal for the Law of the
Sea, as well as other international courts and tribunals, in advancing the rule of law at
the international and national levels.
33. We commend the work of the International Law Commission in advancing the
rule of law at the international level through the progressive development of
international law and its codification.
34. We recognize the essential role of parliaments in the rule of law at the national
level, and welcome the interaction among the United Nations, national parliaments
and the Inter-Parliamentary Union.
9
35. We are convinced that good governance at the international level is
fundamental for strengthening the rule of law, and stress the importance of
continuing efforts to revitalize the General Assembly, to reform the Security Council
and to strengthen the Economic and Social Council, in accordance with relevant
resolutions and decisions.
36. We take note of the important decisions on reform of the governance
structures, quotas and voting rights of the Bretton Woods institutions, better
reflecting current realities and enhancing the voice and participation of developing
countries, and we reiterate the importance of the reform of the governance of those
institutions in order to deliver more effective, credible, accountable and legitimate
institutions.
PART III
37. We reaffirm that States shall abide by all their obligations under international
law, and stress the need to strengthen support to States, upon their request, in the
domestic implementation of their respective international obligations through
enhanced technical assistance and capacity-building.
38. We stress the importance of international cooperation and invite donors,
regional, subregional and other intergovernmental organizations, as well as relevant
civil society actors, including non-governmental organizations, to provide, at the
request of States, technical assistance and capacity-building, including education and
training on rule of law related issues, as well as to share practices and lessons learned
on the rule of law at the international and national levels.
39. We take note of the report of the Secretary-General entitled “Delivering justice:
Programme of action to strengthen the rule of law at the national and international
levels”.
40. We request the Secretary-General to ensure greater coordination and
coherence among the United Nations entities and with donors and recipients to
improve the effectiveness of rule of law capacity-building activities.
41. We emphasize the importance of continuing our consideration and promotion
of the rule of law in all its aspects and, to that end, we decide to pursue our work in
the General Assembly to develop further the linkages between the rule of law and the
three main pillars of the United Nations: peace and security, human rights and
development. To that end, we request the Secretary-General to propose ways and
means of developing, with wide stakeholder participation, further such linkages, and
to include this in his report to the General Assembly at its sixty-eighth session.
10
42. We acknowledge the efforts to strengthen the rule of law through voluntary
pledges in the context of the High-level Meeting, and encourage States that have not
done so to consider making pledges individually or jointly, based on their national
priorities, including pledges aimed at sharing knowledge, best practices and enhancing
international cooperation, including regional and South-South cooperation.