UNITED NATIONS, Oct 19 :Pakistan has stressed the need for clarifying the \u201crule of law\u201d, saying the much-advocated principle that it applies equally to everyone is being obliterated by the actions of some countries, especially Israel, which is currently engaged in its \u201cgenocidal war\u201d against Palestine and the Middle East.
\n\u201cToday, we are witnessing before our eyes the destruction of the \u2018rule of law\u2019 at the international level, especially in the genocidal war which Israel has imposed on the people of Palestine and the Middle East,\u201d Ambassador Munir Akram , permanent representative of Pakistan to the UN., told the General Assembly\u2019s Sixth Committee, which deals with legal matters.
\n\u201cWe are witnessing this also in the violations of International Humanitarian Law; in the dismantling of the treaties for arms control and disarmament; in the massive violations of human rights of peoples under foreign occupation; in the violence and discrimination against religions and ethnic minorities; in targeted assassinations in third countries,\u201d he said in a debate on: The Rule of law at the National and International levels.<\/p>\n
\u201cAnd, yet, some countries, complicit in this erosion of international law, continue to advocate adherence to this \u201crule of law\u201d but only as they interpret and apply it,\u201d Ambassador Akram added.<\/p>\n
The Committee must contribute to restoring world order by classifying and clarifying what is or is not the \u2018law\u2019 as mentioned in the phrase: \u2018Rule of Law\u2019, the Pakistani envoy said, posing questions: \u201cWhat is the relationship between national and international law? And, whether the applicable laws are being applied and observed or are being violated.\u201d
\nMost other speakers in the debate underscored the need for inclusion and equal participation in systems that provide law and justice \u2014 for all individuals at the national level and all States at the international one, saying, \u201cIt is crucial to upholding the rule of law.\u201d
\nIn his remarks, Ambassador Akram said the UN Charter, especially its basic principles such as the right to self-determination; the sovereignty of States and their territorial integrity; non-use or threat of use of force; non-interference in internal affairs; non-acquisition of territory by the use of force, forms the most prominent body of \u201cRule of Law\u201d. He said it was disturbing to note that some states opposed these basic principles and consequently they do not figure in the Pact for the Future, which was adopted by world leaders last month.
\nBesides the Charter, the rule of law includes international treaties, such as the Geneva Conventions, international disarmament treaties and human rights conventions, it was pointed out.
\nNext, under the UN Charter, all Member States are legally obliged to implement UN Security Council decisions.
\nSolemn international declarations adopted by the UN General Assembly, with wide support from Member States like the Declaration on Decolonization and the Declaration on Friendly Relations among States and the Universal Declaration on Human Rights \u2013 have all acquired the status of international \u201cCommon Law\u201d and must be observed, the Pakistani envoy said, adding that the work of the International Court of Justice through its case law and Advisory Opinions also constitute the corpus of the laws that are part of \u201cthe rule of law\u201d.
\nHowever, Ambassador Akram expressed concerns about selective interpretation and the imposition of restrictive norms developed by non-inclusive forums, without the consent of all UN member states, especially the Missile Technology Control Regime (MTCR). Similarly, he added, norms evolved in restricted and, often, non-official forums cannot be imposed internationally; their incorporation into Chapter VII (enforcement) resolutions of the Security Council is unacceptable.
\n\u201cInternational laws must be adopted in inclusive forums where all member states have the opportunity to participate on an equal footing \u2013 such as UNCLOS (UN Convention on the Law of the Sea) and the recently adopted BBNJ (Biodiversity Beyond National Jurisdiction) Treaty.\u201d
\nIn this regard, Pakistan welcomes then relevant General Assembly resolution\u2019s call for full, equal and equitable participation at all levels in the international legal systems.
\n At the national level, Ambassador Akram called for clarity of the restrictively adopted norms and \u2018laws\u2019. \u201cThe use of international coercive measures by some States to impose their national laws, norms and demands on other States constitute clear violations of the Rule of Law,\u201d he added.
\nIn conclusion, he urged the Committee to assign the International Law Commission with clarifying the concept of the Rule of Law, suggesting that it seek an Advisory Opinion from the ICJ.<\/p>\n","protected":false},"excerpt":{"rendered":"
UNITED NATIONS, Oct 19 :Pakistan has stressed the need for clarifying the \u201crule of law\u201d, saying the much-advocated principle that it applies equally to everyone is being obliterated by the actions of some countries, especially Israel, which is currently engaged in its \u201cgenocidal war\u201d against […]<\/p>\n
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