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Statement by Justice and the Rule of Law:
Mr. President, It is a pleasure to be here in the Security Council today to make a contribution to the Council’s consideration of the agenda item, “Justice and the rule of law: the United Nations’ Role.” Before I go further, however, permit me to congratulate you on your assumption of the Presidency of United Kingdom for the month of October, and to pledge the full support of the delegation of Indonesia. My delegation takes note of the report of the Secretary-General on this subject. None of us can disagree that justice and the rule of law are vital elements for the functioning of States. They are important for creating stability, peace and democracy, and establishing them are essential elements not only in peacekeeping operations or transitional societies, but in all societies. Justice and the rule of law are important to every human being. Mr. President, Indonesia believes that the most important support that the international community can make to the rebuilding of justice and the rule of law in a transitional society must begin with the recognition of differences in the national context. If a peacekeeping mission is to succeed, its justice and rule of law must relate to, and be grounded in the national situation. As the Secretary-General has aptly put it, the role of the United Nations and the international community should be “solidarity, not substitution.” We must be careful to avoid importing foreign models that may not be of any help to the local situation, as the Secretary-General stated in his report. The international community and the United Nations need to redouble their efforts to assist member states in fulfilling the objectives of justice and the rule of law. That should be done in cooperation with member states, with the United Nations identifying in what areas it can render its support. For example, the United Nations can play a more active role in enhancing general awareness and understanding of internationally agreed principles that are essential to the realization of justice and the rule of law. Such an initiative can be realized by, inter alia, making them widely available to legal practitioners responsible for justice and the rule of law. The United Nations can further assist by providing training in member states to legal personnel who are fulfilling responsibilities in justice and rule of law. Whatever the initiatives that are taken by the United Nations, it is important to bear in mind the objective to strengthen, not undermine, the national legal process. In this connection, Mr. President, my delegation believes that any proposals for strengthening United Nations support for transitional justice and the rule of law in any society must be with a view to promoting and fulfilling the principles enshrined in the United Nations Charter and international law. Mr. President, Some legal scholars have drawn attention to the variety of legal mechanisms available today for addressing this subject. They include national judicial tribunals; international tribunals; or a mixture of both; as well as the International Criminal Court. In the view of some legal experts, this situation amounts to a proliferation in the adjudication process, and might lead to the fragmentation of international law. Another important process, as recognized in the report, is the use of Truth and Reconciliation Commissions, an instrument that has been helpful to the recovery process in some post-conflict societies. Although it is not a substitute for the judicial process, we cannot undervalue its contributions. While the Secretary-General is quite eloquent in its analysis and recommendations, however, he indicates in it that he would be instructing the Executive Committee on Peace and Security (ECPS) for a proposal for further action with regard to the issues he has identified. In our view, the issues involved here might require a higher level of executive attention than the ECPS can provide. Caution must be exercised, however, so that such a new structure does not run contrary to the reform process of the Organization, or impose an unnecessary burden on its programme budget. I thank you Mr. President.
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