The Speech of by alicejenny


             THE STATE OF QATAR

                     DELIVERED BY
   His Excellency Mr. Nassir Abdulaziz Al-Nasser
   Permanent Representative of the State of Qatar
                to the United Nations

        The United Nations Security Council

  Strengthening international law: rule of law and
  maintenance of international peace and security:
      Letter dated 7 June 2006 from the Permanent
Representative of Denmark to the United Nations addressed
          to the Secretary-General (S/2006/367)

               NEW YORK, 22 JUNE 2006
Mr. President,

     Qatar commends the Danish delegation for convening the
debate on this important issue. We welcome Judge Rosalyn
Higgins, President of the International Court of Justice, and
Under-Secretary-General Michel for their participation in
today’s important debate.

Mr. President,

      International law and norms play an important role in the
maintenance of international peace and security. Strengthening
international law and norms is a prerequisite for living in peace
and security. However, the effectiveness of the international
legal system depends on the degree of commitment shown, in
particular, by the powerful States that play a primary role in the
system. Thus, one question must be answered: Do those Powers
want an effective international legal system that leaves its mark
on international relations — whose main features are decided by
the politics of particular international legal contexts?

       Accordingly, if we are to evaluate the performance of
States, acting either individually or through their participation in
international organizations such as the United Nations and its
main organs, including the Security Council — or indeed if we
are to evaluate the performance of those organizations and
organs — we must consider their commitment to the provisions
of international law and norms. We have all come to realize that
the more effective and robust international law is, the more it
irritates such Powers.

      Legal norms and the rule of law form a system that cannot
be brought to full, sustainable fruition overnight, either locally
or internationally. The benefits we derive from that system are
long-term, but only people with vision realize that. The
international community thrives when the rule of law and
political power act seamlessly in tandem, not when they collide.
With power comes responsibility; even the shortsighted realize

that the absence of the rule of law leads to anarchy,
fragmentation and loss.

      The rule and norms of international law translate into a
source of stability, security and safety for all the peoples of the
world and thus, for the international community. No Power, no
matter how strong, and no international organization or organ
such as the Security Council — whatever its mandate — can
achieve international peace and security without scrupulously
observing the provisions of international law and strengthening
the rule of law. Commitments by world leaders to uphold the
principles and purposes of the Charter and the norms of
international law, as a precondition for prosperity and peace for
the world’s peoples, will not be enough unless they are
translated into action.

Mr. President,

      The peoples of the world have been vocal in calling on the
United Nations and, in particular, the Security Council to
strengthen international law and promote the rule of law. That
honourable course must be pursued if international peace and
security are to be maintained. Regrettably, however, armed
conflicts continue to rage mercilessly, killing constituent
members of the international community in full view of the
relevant international organizations.

      In post-conflict situations, neglect, political mayhem and
discriminatory practices undermine international human rights
standards. Impunity is rampant for reasons well known to us all.
Foremost among them is the absence of genuine political will on
the part of some influential Member States which manipulate
the international decision-making process. Another reason is the
failure to bring the perpetrators of such crimes to justice, in
either international or national courts.

Mr. President,

      Current policies which target individuals for sanctions do
not take into account due process when listing and delisting
individuals on sanctions lists. Moreover, failure to provide an
effective mechanism to review those decisions could undermine
the credibility of the Security Council and its effectiveness in
maintaining international peace and security.

      Similarly, the Security Council’s policies for combating
terrorism may face a credibility gap. Indeed, these policies have
reached a turning point of sorts. Individuals listed on sanctions
lists by committees established pursuant to Security Council
resolutions have challenged such resolutions and sanctions
regimes, particularly those regarding Al-Qaida and the Taliban,
by taking their cases to regional and national courts and arguing
that their basic rights, including property rights, the principle of
proportionality and due process, have been violated. One of the
most prominent regional courts has ruled that courts can review
Security Council resolutions to verify that they are consistent
with internationally recognized standards of human rights, and
that no State Member of the United Nations — nor the United
Nations itself, nor the Security Council — can ignore, violate or
bypass those standards.

      This legal and judicial impasse can be overcome, because
we now live in a time when it has become taboo to sacrifice
human rights for any reason. Judges and other honourable men
and women spend long hours trying to protect the rule of law
regardless of the circumstances. Those individuals will uphold
the truth because they are committed to the implementation of
the law.

      Here in the United Nations, and in the Security Council
and its committees, we have made, and will continue to make,
contributions to address and improve the situation and to
strengthen international law and the rule of law, together with
all other peace-loving countries that respect and defend the rule
of law. We cannot delay working together to restore security,

human rights and the rule of law. We all must stand united in
order to achieve our noble objective, namely, that international
peace and security be a reality for all peoples of the world.

     Thank you, Mr. President.


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