As the Sixth Committee (Legal) commenced today its consideration of the rule of law at the national and international levels and the Secretary-General’s report on the matter, delegates discussed the use of technology to advance access to justice for all, while also underscoring the importance of proper control and accountability to ensure human rights are respected.
Amina J. Mohammed, Deputy Secretary-General of the United Nations, introducing the report (document A/78/184), said that digitization can advance access to justice by creating more streamlined processes. However, this depends on equal, reliable Internet access, she pointed out, also noting that while technology can enable progress, it can also amplify inequality. If technological tools are not developed and used in a manner compliant with human rights, “they can even lead to harm”, she warned.
Recalling that she shared in 2022 the Secretary-General’s New Vision for the Rule of Law — as proposed in Our Common Agenda — she said that “we have moved from vision to reality”. The Vision serves as a lodestar for rule of law efforts across the United Nations system and ensures that technology and the digital ecosystem are inclusive and “working for people, rather than against them”, she emphasized.
Many speakers echoed her remarks, with some pointing out that technology can not only promote access to justice, but ensure data-driven transformations of justice systems and be a powerful tool for promoting legal education and literacy among the population, including inclusivity for marginalized groups. Still, others highlighted the incipiency and fragile state or even lack of a developed Internet and digital infrastructure in many developing countries.
Spotlighting the need to raise digital literacy so all can benefit, Denmark’s delegate, speaking also for Finland, Iceland, Sweden and Norway, said that digital participation must be unconditionally guaranteed to all social groups without any discrimination. Welcoming the New Vision, he emphasized it is crucial to link rule of law with equality. More so, digital technologies, if not used in a human rights-compliant manner, can present barriers which can affect women and girls disproportionately.
Underlining the contribution of women and girls as agents of change, the representative of Canada, also speaking for Australia and New Zealand, proposed the subtopic for this agenda item at the next session be “Women and girls and the rule of law at the national and international levels”. Pointing to the emerging challenges stemming from new technologies — artificial intelligence and cybercrime — he said they should be addressed through the application of the international law framework.
On that, Peru’s delegate said her Government is committed to creating a corresponding legal and ethical framework to protect the rights and privacy of citizens while taking advantage of technology. Recognizing the decisive contribution of technology to promote access to justice for all, she underlined the importance of guaranteeing that digitalization does not exclude those who do not have regular access to technology.
Similarly, Cameroon’s representative stressed that for some countries, where energy is a luxury, the “Internet becomes an esoteric concept”. Sweeping digitalization could create “a kind of legal apartheid” where the most-underserved people are made more vulnerable and the privileged enjoy greater access to justice, he warned. Underlining the need to broaden access to traditional justice services in underserved communities, he said that each country should work towards such innovations based on its own situation.
Throughout the day-long meeting, several speakers also drew attention to the link between the rule of law and accountability for international crimes, underscoring that current situations in Ukraine and the Middle East highlight the urgency of respecting the rule of law, especially in armed conflict.
“We cannot begin to talk about the respect for the rule of law yet ignore the total disregard of the principles of international humanitarian law currently happening right before our eyes,” the representative of South Africa stressed, expressing concern regarding recent events in the Middle East.
As well, Egypt’s delegate said that — following the massacre perpetrated by Israel in a Gazan hospital that caused the deaths of more than 500 people — talk about human rights and the rule of law in the Sixth Committee today “seems to lack credibility”. He further urged that those responsible be brought to justice “to preserve our humanity and the credibility of this Committee”.
Meanwhile, Moscow, stressed Latvia’s representative, also speaking for Estonia and Lithuania, is pursuing the rule of force instead of the rule of law. Calling the Russian Federation’s war of aggression against Ukraine “the most blatant violation of the UN Charter since the Second World War”, he declared: “The rule of law is not merely a concept, it is the bedrock upon which the United Nations was founded.”
The Sixth Committee will reconvene at noon on Wednesday, 18 October to continue its consideration on the rule of law at the national and international levels.
Introduction of Report on Rule of Law
AMINA J. MOHAMMED, Deputy Secretary-General of the United Nations, introduced the Secretary-General’s report on Strengthening and coordinating United Nations rule of law activities (document A/78/184). Recalling that the Committee decided in 2022 that this session’s debate should focus on “using technology to advance access to justice for all”, she said the report “does exactly that”. Digital technologies can provide innovative ways for people to seek and obtain redress through formal and informal justice institutions. Further, digitization can advance access to justice by creating more streamlined and accessible processes. However, this depends on equal, reliable Internet access as, while technology can enable progress, it can also amplify inequality, and, if technological tools are not developed and used in a manner compliant with human rights, “they can even lead to harm”, she cautioned.
Nevertheless, she noted that the report highlights examples of how the United Nations is working with Member States that have requested technical assistance and capacity-building in areas including extending justice services in underserved communities, deploying judicial personnel in temporary mobile courts and developing community-based crime prevention action plans. Such work also extended to leveraging technology to improve access to legal information; strengthening case management, integrity and transparency in judicial processes; and combating organized crime by developing shared knowledge management portals to assist investigators. Recalling that she shared in 2022 the Secretary-General’s New Vision for the Rule of Law — as proposed in Our Common Agenda — she said that “we have moved from vision to reality”. This Vision will “serve as our lodestar for rule of law efforts across the UN system”, she added.
She went on to say that the New Vision refers to rebuilding trust and respecting integrity in public information, along with ensuring that technology and the digital ecosystem are inclusive and “working for people, rather than against them”. It is inclusive and people-centred, focusing on supporting stronger, more resilient and representative institutions. It also contributes to conflict prevention and peace, and sharpens attention on Sustainable Development Goal 16 (peace, justice and strong institutions). Noting that progress on violence reduction, access to justice, inclusive governance and peaceful societies is stagnating — “or, even more alarmingly, reversing” — she underlined the need to do more to reinforce this goal. She also reported that the New Vision tracks Member State initiatives and looks to strengthen linkages between the rule of law and priority concerns across technology, human rights, fundamental freedoms and access to justice.
“I should stress that, throughout the elaboration of this New Vision, we carefully ensured that it would not redefine pre-existing terms and concepts,” she emphasized, adding that it is firmly grounded in agreed documents. At the international level, it discusses the development and codification of international law. It also recalls the achievements in curating educational materials, disseminating resources and providing in-person training programmes to Government officials and legal academics across developing countries and emerging economies. She also observed that, over the last year, the world has witnessed significant developments regarding multilateral agreements deposited with the Secretary-General. On that, she spotlighted the agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, which “stands out as a powerful example of how the rule of law and legal frameworks can tangibly advance our common future”.
Statements
BAHRAM HEIDARY (Iran), speaking for the Non-Aligned Movement, underscored, among other things the importance of the sovereignty of States and their equality in law-making in fostering international relations based on the rule of law. Stressing that Member States should remain committed to the rule-based regime in the context of their relations with other States, he expressed concern over unilateral measures and pointed to their negative impact on international relations. Thus, States should refrain from principles of selectivity and imposing their will on other States. Further, close cooperation and coordination among the United Nations principal organs is indispensable in enabling the Organization to remain capable of tackling new emerging threats and challenges. He also reiterated his concern over the Security Council taking up issues that fall under the competency of the General Assembly and the Economic and Social Council, stressing that the Assembly must play a leading role in promoting and strengthening the rule of law.
Recognizing the importance of national ownership in rule of law activities, he underlined the need for technical assistance to be undertaken at the request of Governments within the respective funds and programmes to prevent the imposition of pre-established models on Member States. Also calling for appropriate mechanisms to that end, he spotlighted the absence of a single agreed-upon definition of the rule of law. Further, he condemned attempts to destabilize democratic and constitutional order in any of the Movement’s member States, also voicing a deep regret that since 1967 the Palestinian people have suffered the “brutal Israeli military occupation”. He urged States to undertake collective efforts to ensure respect of the legal obligations defined in the International Court of Justice advisory opinion. In addition, he also stressed the importance of an advisory opinion on legal consequences resulting from the continuation of illegal policies and practices.
SIMONA POPAN, representative of the European Union, in its capacity as observer, said that the digitalization of justice systems is a cornerstone of global endeavours to increase access to justice. Digitalization, therefore, is a priority for the European Union, and the bloc is currently in the process of implementing its 2019‑2023 “Strategy on e-Justice”. Two new regulations were adopted that facilitate digital communication, as well as evidence and document transmission, through protected, decentralized information-technology platforms. Further, new regulations endorsed “distance communication technologies”, which allow — for example — individuals to participate in cross-border hearings through videoconferencing. These efforts have increased the affordability of judicial processes and rendered them more user-friendly for European Union citizens and businesses. She also spotlighted how digitalization can increase inclusivity for marginalized groups, noting that simple online procedures and legal information pools can provide greater clarity on otherwise complicated legal questions.
She went on to point out that tools — such as digital braille — can enhance the physical accessibility of courtrooms and other criminal procedures. Turning to the impact and utility of artificial intelligence, she noted that the technology has been widely lauded for its potential to render justice systems more equitable and accessible. In addition to providing a tool for individuals, it can help law enforcement agencies effectively process large amounts of evidence. Pointing out that the International Criminal Court uses artificial intelligence to filter and search large amounts of video and audio recordings, she reported that the European Union recently provided the Court with crisis-response funding to help scale-up its digital data storage and processing infrastructure. More so, she emphasized that taking a people-centred approach in harnessing technology for justice will enhance and promote respect for the rule of law at the national and international levels.
BAHIA TAHZIB-LIE (Netherlands), speaking for the Justice Action Coalition, noted that the Coalition champions equal access to justice for all as part of Sustainable Development Goal 16. The Secretary-General’s New Vision for the Rule of Law and Guidance Note on Transitional Justice put people at the centre of justice systems, addressing their needs and delivering fair outcomes. Such an approach has also been articulated in the The Hague Declaration on Equal Access to Justice by 2030, endorsed by over 60 countries. Yet, it is reported that 5.1 billion people lack meaningful access to justice. To close this gap, a transformation of justice systems, policies and services is required. It is also necessary to invest in innovation and leverage technology to effectively ensure accessibility, inclusivity, responsiveness and accountability. When harnessed effectively and in line with human rights, technology can serve the interest of people and promote their access to justice.
To that end, technology can ensure scalable, transparent, responsive, innovative and data-driven transformation of justice systems as long as principles of openness, inclusiveness and accountability are built into the design, she continued. In addition, cross-regional and cross-sectoral partnerships are also important to secure equal access to justice for all. At national and subnational levels, justice actors must partner with other sectors and engage with informal and customary justice actors. Inspiring examples include expanded access to legal assistance and counsel, paralegals, community mediation services, holistic psychosocial and legal service centres, as well as guided legal information technology platforms. At the regional and global levels, mutual learning and support are vital to adapt innovative and cost-effective solutions to different contexts and within the framework of each domestic legislation. “We strongly believe that we cannot address poverty, inequalities, the impact of climate change and root causes of conflict and violence without people-centred justice,” she underscored.
ALEXANDER MARSCHIK (Austria), speaking for the Group of Friends of the Rule of Law, expressed concern about the global backsliding in the application of that principle. It is crucial to enable multilateral cooperation. As well, justice systems must put people at the centre of all activities. Access to justice can be hindered by lack of awareness of the existence of certain services but also due to geographical realities, he said, highlighting the role of new technologies in remedying this. However, the right to a fair trial and data privacy must not be jeopardized by the use of technology. Highlighting the challenge posed by the digital divide, particularly for women and girls as well as people living in poverty, he also added that it is vital to address the risks associated with the use of artificial intelligence.
Spotlighting some examples of how technology is already advancing access to justice, he pointed to e-filing and e-court systems that allow parties to file cases and submit documents online. This reduces the need for physical visits to the courthouse, making processes more efficient and accessible. Further, mobile apps, legal aid chatbots and virtual assistants can reduce the inhibition threshold for victims to get in touch with legal experts. They can also meet the communication preferences of younger generations, he observed. Artificial intelligence tools such as language translation can be harnessed to provide real-time translation during multilingual proceedings while machine learning can make predictions by evaluating case files. Nevertheless, these technologies need proper control and accountability in order to be truly advantageous, he emphasized.
JOAQUÍN ALBERTO PÉREZ AYESTARÁN (Venezuela), speaking for the Group of Friends in Defence of the Charter of the United Nations and associating himself with the Non-Aligned Movement, expressed concern over the emerging threats to the Charter of the United Nations as a result of policies and practices by certain Governments, which seek to exert domination. The relentless, unprecedented and ever-increasing promulgation of unilateral coercive measures coupled with attempts to establish a so-called “rules-based order” — which has a potential to undermine the rule of law — are examples of those emerging threats. Stressing that such measures are “illegal, cruel and inhumane”, he said they are tools of coercion used to advance foreign policy aims to exert political, economic and financial pressure on independent nations. “They are certainly mass violations of human rights,” he added, noting that they also constitute crimes against humanity as they seek to deprive entire populations of their means of subsistence.
In this context, he called on States to redouble efforts towards the democratization of international relations and strengthening multilateralism, underscoring the importance of a multipolar system based on mutual respect for the sovereignty of States, equal rights and peaceful coexistence. Advocating for the promotion of international relations rooted in the rule of law, he urged those present to put an end to unilateral and selective approaches, double standards and supremacist mentalities. He recalled that no State or group of States has the authority to deprive other States of their rights due to politically motivated reasons, emphasizing: “We must not lose sight of this, as we mobilize to redouble our collective efforts for advancing our shared objectives and ensuring that no one is left behind.”
NADIEN ISAM FRAIH BISHARAT (Jordan), speaking for the Arab Group, condemned both Israel’s war on Gaza and violations of the rule of law by Israeli occupying forces. Stating that such war is a humanitarian crisis and the collective punishment of more than 2 million Palestinians, she said that both the region and the world “will have to face the despair that will prevail” in Gaza because of Israel. Since the beginning of its war in Gaza, Israel has declared that its aim is the displacement of the Palestinian people. She warned against any attempts to forcibly transfer Palestinians out of their lands, to move them to Egypt or to “transport this Israeli-made crisis to neighbouring States”. Such forcible transfer is a “red line”, she underscored, stressing that any such attempt by Israel “will move the region to the abyss of crisis”. Any silence towards this war is silence towards Israel’s egregious violations of international law, she said.
Underlining the need to apply international law “without discrimination by nationality”, she stressed that failing to protect innocent civilians in Gaza is an unjustifiable moral failure. She therefore called on the international community to ensure the immediate delivery of humanitarian aid to Gaza; provide immediate assistance to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA); end the occupation; and ensure that the Palestinian people have the right to determine their own future. Further, Israel must fulfil its obligations as an occupying Power and cease its inhumane policies towards Palestinians, its indiscriminate targeting of civilians and infrastructure, its expansionist policies and its blockade on Gaza. All of these violate international law, she stated, observing that “war will only fuel war”. She added that achieving the Palestinian people’s right to self-determination is the only way to protect the region from spiralling into violence and, thus, ensure durable, sustainable peace.
AZELA GUERRERO ARUMPAC-MARTE (Philippines), speaking for the Association of Southeast Asian Nations (ASEAN), expressed concern that the Secretary-General’s report presents a viewpoint that is not directly related to the rule of law and lacks basis in international law. Noting that States have a sovereign right to develop their legal systems as they see fit, she called for objective, neutral, balanced and non-partisan reports in the future. ASEAN has embraced and continues to promote the rule of law in all its aspects and has long been committed to stability and security in the region, with treaties, declarations and instruments paving the way for its success. Its member States continue to work with China towards an effective and substantive code of conduct in the South China Sea consistent with international law, including the United Nations Convention on the Law of the Sea, she added.
ASEAN has also been actively engaged in anti-corruption efforts and the joint actions with partners in the region led to establishing the Southeast Asia Parties Against Corruption, she continued, noting that all ASEAN countries have ratified the United Nations Convention against Corruption. Reaffirming the Association’s focus on good governance as well as its commitment to sustaining the culture of integrity and anti-corruption at all levels of its governmental interaction, she encouraged further cooperation to promote rule of at the national and international levels. Such efforts must, nevertheless, adhere to the principles of sovereign equality and non-interference in the internal affairs of States. Building capacities of countries remains critical for the promotion of the rule of law, including by ensuring effective, inclusive and accountable justice institutions. The ASEAN Political-Security Community Blueprint 2025 seeks to promote a rules-based, people-oriented, and people-centred community and the rule of law, she said.
ERIK LAURSEN (Denmark), speaking also for Finland, Iceland, Sweden and Norway and urging the international community to combat the global decline in the rule of law and women’s rights, highlighted some positive developments, including the increased number of parties to the United Nations Convention on the Law of the Sea. Further, after many years of negotiations, the Assembly adopted by consensus the legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. That instrument currently has 82 signatories, including all the members of his group, which has harnessed the potential of digital transformation to enhance justice. Stressing that all people should benefit from this transformation, he said that digital participation must be unconditionally guaranteed to all social groups without any discrimination.
Also spotlighting the need to raise digital literacy so all can benefit, he said judges and prosecutors and other justice practitioners must be given training to enhance their digital skills. Welcoming the Secretary-General’s New Vision for the principle, he said it is crucial to link rule of law with equality. Discriminating laws are a persistent problem, he said, also drawing attention to the barrier posed by digital technologies if not used in a human rights-compliant manner which can affect women and girls disproportionately. A central element of the rule of law is the prohibition of the use of force, he said, calling on the Russian Federation to immediately suspend its military activities in Ukraine. Digital technologies can help gather and preserve evidence of that country’s crimes. Speaking in his national capacity, he highlighted Denmark’s candidature for Security Council membership for 2025‑2026, noting that an important focus of its potential term will be enhancing universal respect for rule of law.
ALEXANDER AGNELLO (Canada), also speaking for Australia and New Zealand, said that vast and ever-evolving challenges — not limited to a single State or region — are caused by actors who continue to act outside the limits of the rules-based international order, threatening the stability of the international community and eroding the independence of judicial institutions and democratic systems. Some issues also stem from new technologies that create ways for individuals to interact and connect, he added, emphasizing that emerging challenges — artificial intelligence and cybercrime — should be addressed through the application of the international law framework. “The international rules-based system, with the rule of law at its core, must be defended,” he underscored, calling on States to strengthen the rule of law on the national level. To this end, the countries for which he speaks have been providing capacity-building through supporting legislative capacity, development and governance in partner countries.
Also calling on States to put an end to arbitrary detention of foreign nationals as a method of exerting leverage over other countries, he said that all States must ensure the just treatment of citizens of other States in their judicial systems. The UN system is instrumental in translating the rule of law into practical measures that contribute to the inclusive functioning of justice institutions, also acknowledging the crucial work of international courts and tribunals in maintaining the rules-based international order. Reiterating his support for the International Court of Justice and the International Criminal Court, he called upon all States to ratify the Rome Statute. Furthermore, he underlined the contribution of women and girls as agents of change at national and international levels, proposing a subtopic for this agenda item for the next session: “Women and girls and the rule of law at the national and international levels”.
OLEGS ILGIS (Latvia), also speaking for Estonia and Lithuania and aligning himself with the European Union, said that “the rule of law is not merely a concept, it is the bedrock upon which the United Nations was founded”. At its core, it serves as a safeguard against arbitrary rule, ensures that those in positions of power are held accountable for their actions and provides a framework for resolving disputes through peaceful means. “Unfortunately, one is still pursuing the rule of force instead of the rule of law,” he stressed, stating that the Russian Federation’s war of aggression against Ukraine is “the most blatant violation of the UN Charter since the Second World War”. The international community, therefore, must work tirelessly to promote and support the rule of law from the grassroots to the international level, to end impunity and to ensure that justice is delivered without bias.
Underscoring that the rule of law is preserved by an independent and impartial judiciary, he expressed support for international courts as “core legal institutions”. He therefore deplored all measures announced by Moscow against the Prosecutor of the International Criminal Court and judges involved in the issuance of the arrest warrant for Russian Federation President Vladimir V. Putin. Such “unacceptable manipulations” must be rejected to ensure the Court’s integrity, he stressed, observing that Moscow has “developed a habit” of intimidating judges and officers of the law of other countries. The rule of law guides towards a more peaceful, just and prosperous future in a complex, uncertain world. Adding that the rule of law is not a “fixed destination” — but, rather, a “continuous pursuit” — he said that it is also a practical necessity to address urgent global issues and promote justice, equality and peace for all.
MARK SEAH (Singapore), associating himself with ASEAN, objected to the inclusion of paragraph 89 — promoting the universal abolition of the death penalty — in the report. Use of the death penalty is not a rule of law issue and inclusion of the paragraph under the section on promotion of international norms implies that its use is contrary to international law, which is incorrect. In regard to technological tools and the rule of law, he noted that Singapore has leveraged digital tools to enhance the delivery of civil legal aid, advice and assistance. One such tool is an online chatbot that provides tailored legal information on civil law matters and recommends online resources and other avenues for help. More so, persons in need of civil legal aid have the option to submit applications online and may also receive legal advice via videoconferencing from various community touchpoints. The county’s online portal ensures the public has convenient access to various police services, including lodging of police reports, he said.
MYRIAM OEHRI (Liechtenstein), stressing that the rule of law must not be taken for granted, hailed the Secretary-General’s people-centred vision of that principle. The Russian Federation’s aggression is a brazen attack against the rule of law, she said, adding that the Charter of the United Nations’ prohibition of use of force must be backed up by accountability. Welcoming the International Criminal Court’s crime of aggression amendments, she said her country will work with partners to expand the Court’s jurisdiction to allow it to provide justice to victims of wars. As long as the Rome Statute is not universal and the Security Council fails to refer relevant situations to that Court, it is crucial to find alternative forms of accountability, she said, adding her support for the establishment of a special international tribunal on the crime of aggression. Stressing that the Organization has a responsibility to ensure that the rule of law can respond to twenty-first century challenges, she noted the request for an advisory opinion from the International Court of Justice on the legal questions concerning climate change, as well as attempts to combat cyberwarfare.
CARLA MARIA RODRÍGUEZ MANCIA (Guatemala) said that the rule of law is a guarantee against arbitrariness. Stressing that no one is above the law, she spotlighted the interlinkage of the rule of law and development. Noting that the promotion of the rule of law involves different stakeholders, she underlined the need for guaranteeing justice for all, including a free, independent and fair judicial system. To this end, she spotlighted the role of the International Court of Justice, pointing out that — as a demonstration of Guatemala’s trust in this body — it has referred a territorial, maritime and insular dispute with Belize to the Court. She expressed confidence that the Court’s activities aim at strengthening the rule of law, stressing that regardless of how its jurisdiction is accepted and applied, its work is essential for the peaceful dispute settlement. She also acknowledged the crosscutting work of the International Criminal Court and its global, large-scale impact.
MARVIN IKONDERE (Uganda), speaking for the African Group, emphasized that the rule of law and development are strongly interrelated and mutually reinforcing. Advancing the former is essential for sustained and inclusive economic growth, sustainable development, the eradication of poverty and hunger as well as the full realization of human rights and fundamental freedoms. He called for the de-escalation of tensions in the Middle East, Africa and other regions as well as non-selective application of international law and unimpeded humanitarian access to all affected civilians. Adherence to the rule of law at the international level requires its consistent application even in difficult and challenging circumstances, he noted, expressing concern over interference in judicial matters and court processes of developing countries. It is essential to address this issue in the interest of safeguarding developing countries’ democratic institutions.
Several States, including some from the African Group, addressed the impact of the COVID‑19 pandemic on their justice systems by resorting to the use of technologies to ensure both access to and delivery of justice, he reported, noting that remote proceedings to maintain continuity were introduced. To prevent radicalization and recruitment of individuals by terrorist groups, it is key to create inclusive, sustainable and resilient societies with human rights at the core. More so, a culture of good governance through which the rule of law is upheld should be fostered. At the international level, promoting a people-centred rule of law also encompasses equal access to vaccines, quality education for all and solidarity in addressing the deepening poverty and socioeconomic inequalities. Capacity building, including through enhanced technical assistance, is key for promoting the rule of law and for strengthening Member States’ national capacities. That rests on two interrelated concepts in determining the priorities of the requesting Member State, namely effectiveness and national ownership, he said.
ELIZABETH MARYANNE GROSSO (United States) noted the work of the United Nations in promoting the rule of law at the national level, including its continued advocacy in Afghanistan. She also recognized its efforts to increase accountability for serious crimes under international law and to strengthen criminal accountability, including the achievements of the Special Criminal Court in the Central African Republic. “The United States believes that the rule of law is a critical factor in the advancement of democracy and human rights and is a precondition for access to justice, especially for underrepresented populations,” she said, spotlighting her country’s efforts to promote broad and creative thinking, civil society, investigative bodies and the tech sector to advance access to justice. In addition, the United States Department of State has established the Conflict Observatory, a programme that is making important contributions to Ukrainian and international accountability efforts by using innovative technology to document and analyse evidence of human rights abuses and atrocities committed in Ukraine, she reported.
VICTOR SILVEIRA BRAOIOS (Brazil), noting that Latin America made a decisive contribution to the outcome of the two Hague Peace Conferences in 1899 and 1907 to the wide recognition of the principle of the prohibition of the threat or use of force, said that Brazil is proud of the role then played by its internationalist, Ruy Barbosa. Highlighting the prominent role technology has taken in all spheres of life, he said that the Internet, videoconference platforms and software have widened and sped up access to justice in Brazil. More so, technologies must be a tool to improve access to justice and not a barrier or a threat to due process guarantees. Further, the use of the Internet must not become a requisite for being able to make claims to the judiciaries but an additional option to resort to the judicial system. He also said that Brazil has a solid regulatory framework to ensure the rule of law in the virtual domain, including its Civil Rights Framework for the Internet and the General Law on the Protection of Personal Data.
PAVEL EVSEENKO (Belarus), associating himself with the Non-Aligned Movement and The Group of Friends in Defence of the Charter of the United Nations, said that attempts to replace the world order that emerged after the Second World War with the so-called rules-based order, including unilateral coercive measures, politicization and double standards, undermine security and international cooperation. “The danger of new concepts and doctrines promoted by some influential States is that they set the international community decades back,” he said, emphasizing the important activities of the United Nations for codifying international documents and norms, as well as observing days of international treaties. “The United Nations should pay greater attention to the increasing use of unilateral illegal coercive measures and politicization of issues that are in the legal sphere alone,” he stressed, voicing his protest against the crude interference of some States in the sovereign affairs of developing countries to put pressure on their legal systems that, in turn, causes external pressure instead of the rule of law.
YANNICK ZERBE (Switzerland) observed that, today, more than half of the global population lives in countries where the rule of law is in decline. Underlining the need “to counter this disturbing evolution”, he stressed that the rule of law is the basis for just, equitable and peaceful societies. It “must not leave unanswered” new and emerging questions, he added, emphasizing that it must govern both the digital sphere and the physical world. Further, it must ensure the ethical use of digital technology and artificial intelligence and play an essential role in protecting the environment and promoting climate justice. Underscoring the link between the rule of law and accountability for international crimes, he spotlighted the importance of international mechanisms such as those relating to Syria, Myanmar and Da’esh. Additionally, he said that the current situations in Ukraine and the Middle East highlight the urgency of respecting the rule of law, especially in armed conflict.
BAHRAM HEIDARY (Iran), associating himself with the Non-Aligned Movement and the Group of Friends in Defence of the Charter of the United Nations, noted that multilateralism has been a major achievement of the United Nations system. However, it has been repeatedly challenged by unilateral approaches which endanger the rule of law at the international level. He reported that, to defend its legitimate rights against lawlessness, his country has opened three cases before the International Court of Justice. In 2018, the Court issued a provisional order requesting the United States to remove obstacles stemming from its illegal actions and decisions following its withdrawal from the Joint Comprehensive Plan of Action. The defendant disregarded the decision, even intensifying sanctions against Iran and its people. Such disrespectful policies undermine the rule of law at the global level. Attempts to introduce vague concepts as principles of international law also bear such potential, he said.
PABLO AGUSTIN ESCOBAR ULLAURI (Ecuador), aligning himself with the Non-Aligned Movement, said that his country is pleased with the session’s sub-item, “Use of technology to promote access to justice for all”, as it was proved during the pandemic that the use of pre-existing technology allowed activities crucial for the rule of law to continue remotely. “New technologies offer innovative solutions to a set of new challenges related to the rule of law, such as eliminating discrimination, increasing transparency and the establishment of mechanisms for accountability and control of corruption,” he stressed, adding that the development, distribution and use of new technologies could represent a threat to the rule of law if used incorrectly, including fostering cybercrime. Promoting the rule of law necessarily includes promoting technology along with ethical safeguards to protect human rights and equitable access to the new tools becomes particularly important, he said, calling for closing the “digital divide” between countries.
PETER MOHAN MAITHRI PIERIS (Sri Lanka) said: “The Governments can easily exist without laws, but law cannot exist without the Government.” Stressing that laws are only as effective as they are implemented, he expressed concern about the relationship between the rule of law, human rights and civil liberties as well as security against terrorist attacks. Stressing that “what we see today is the naked violation of the basic tenets of equity and fairness and where the might is right,” he emphasized that the rule of law has gained a settled meaning, although it may not have gained a perfect definition. Moreso, it is not an exclusive domain of one part of the world, but of universal application, which has gained “much currency” in contrast to other high-flown concepts, such as human rights or democracy. Noting that the rule of law is not a theory of State but a “simple practical guide”, he added: “It is not the monopoly of the developed world but a fundamental need to recognize the dignity of humankind.”
MARIAM SAO (Mauritania), associating herself with the Non-Aligned Movement and the African Group, said that the rule of law implies that all citizens — regardless of their means — enjoy equal access to justice. To that end, her country’s Constitution states that freedoms and liberties apply to all and enshrines human rights in its preamble. Further, international instruments relating to human rights that Mauritania has ratified have been incorporated into its domestic legal system. She also reported that her country, over the years, has worked to reform political, economic and social life “in an ambitious way”. The Government’s focus on financial growth and reducing inequality has led to a considerable reduction in poverty and an increase in human development, she added. Detailing important progress in the political domain — such as reforming the electoral system — she stressed that the Government views good governance and strong institutions as “powerful levers” with which to move towards its ambitious goals.
SURIYA CHINDAWONGSE (Thailand), aligning himself with the Non-Aligned Movement and ASEAN, underscored that the rule of law should prevail amongst nations and peoples. With new technologies emerging as both a challenge and a tool, multilateralism and the rule of law must meet this development. One option is to use technology to promote rule of law and access to justice. In that regard, he recalled that when the COVID‑19 pandemic started, videoconferencing was resorted to in the examination of witnesses in Thailand’s courts in order to not delay justice. The rule of law and access to justice should also be promoted through knowledge sharing and education. In this context, Thailand has been proud to co-host a United Nations regional course in international law for Asia-Pacific. The country also maintains a database — accessible to the public — of multilateral and bilateral treaties that it is party to, he said.
MELINA LITO (United Kingdom), aligning herself with the Group of Friends of the Rule of Law, said that her country has used technology positively to embrace the challenges presented by the COVID‑19 pandemic, including ensuring the right to access to justice by broadening the use of virtual hearings in courts and tribunals. “This has included providing legal representation during remote hearings, including those conducted from prisons or detention facilities,” she said, stressing that technology can help ensure access to justice for vulnerable groups. “Our Ministry of Justice has been taking forward a programme on digitalization of court services through which we exchange expertise on court reform and e-court projects with partner countries,” she said, underlining the need to guard against those wishing to use the developments in technology to cause harm or undermine the rule of law. The United Kingdom’s Online Safety Bill will provide access to justice for those that previously struggled to find a suitable remedy for online abuses that would be considered crimes offline, she added.
MARTIN JUAN MAINERO (Argentina) expressed concern that in the course of the period covered by the Secretary-General’s report there was an overall decline in the rule of law and a setback in democracy and women’s rights. Stressing the importance of placing people and their needs at the core of the legal system, he pointed to mediation and other methods to resolve disputes. He called for the elimination of administrative and financial barriers that impede access to justice services, highlighting the use of new technologies to that end. In addition, he suggested improving access to justice in remote areas, increasing legal representation and representation of witnesses and eliminating procedural setback, stressing that States must reduce the legal gap. Otherwise, the use of digitalization will exacerbate discrimination of inequality, he noted, adding: “We have to guarantee that the use of technology does not endanger human rights.”
MARITZA CHAN VALVERDE (Costa Rica), aligning herself with the Justice Action Coalition and the Group of Friends of the Rule of Law, noted progress in various areas, including support for international accountability mechanisms; economic reparations for survivors of conflict-related sexual violence; and the strengthening of State capacity to combat terrorism. However, she pointed out that women are denied access to health care and education and frequently suffer gender-based violence and hate speech, particularly online. Further, individuals suffer discrimination based on their place of birth or religious beliefs. Access to justice is frequently denied and, every day, the most fundamental norms of human rights are violated. “It appears that we have acquiesced to the notion that force creates rights,” she observed, calling for the reversal of this worrisome trend. She therefore urged the Secretariat to enhance the implementation of the rule of law in all its activities and to promote coherence among the entities supporting this endeavour, including peacekeeping operations.
NATAŠA ŠEBENIK (Slovenia), aligning herself with the European Union and the Group of Friends of the Rule of Law, said that the very essence of democracy and the rule of law is underpinned by access to justice which is a fundamental human right. “The digital divide, a lack of resources and the inefficiencies in legal systems can be significant barriers to justice,” she said, adding that technology offers an opportunity to bridge these gaps and advance access to justice for all. Technology can also be a powerful tool for promoting legal education and literacy among the population while remote legal services can make legal assistance available to underserved and remote areas, she stressed. “With the increased use of technology, we must also be vigilant about protecting the privacy and security of individuals’ data by putting in place strong legal frameworks and enhancing international cooperation,” she said, underscoring the need to be mindful of the growing number of Governments misusing digital technologies to restrict access to information, human rights and fundamental freedoms.
ALESSANDRA FALCONI (Peru), recognizing the decisive contribution of technology to promote access to justice for all, reported that her country begun using digital platforms that allow citizens to carry out judicial procedures, consult files and access judicial decisions online. However, it is important to guarantee that digitalization does not exclude those who do not have regular access to technology. To protect the rights and privacy of citizens while taking advantage of technology, Peru is committed to creating a corresponding legal and ethical framework, she said. She also noted that her country will ensure free access to autonomous, independent, transparent, reliable, modern, efficient, effective and predictable justice for all. To enable the realization of the right to public defence, the country’s Ministry of Justice and Human Rights offers free comprehensive legal assistance in criminal, family and civil matters and defends people who have been victims of violations of any kind, she added.
LUCIA TERESA SOLANO RAMIREZ (Colombia), aligning herself with the Non-Aligned Movement, the Group of Friends of the Rule of Law and the Justice Action Coalition, highlighted two points from the report. First, regarding access to justice in situations of forced displacement, she pointed out that the United Nations had focused on that for both forcibly displaced populations and host communities in countries, including Colombia. Second, with regards to inclusive transitional justice processes, she recalled the Colombian case, in which the United Nations provided assistance with the dissemination of the final report of her country’s Truth Commission, as well as with the hearings of the Special Jurisdiction for Peace and supported the meaningful inclusion and leadership of women. “The global and multidimensional problems inherent to the rule of law require coordinated approaches, especially between the Organization and its Member States,” she stressed, calling for complementing efforts.
LI LINLIN (China), associating himself with the Group of Friends of the Charter of the United Nations, stressed, among other things, the importance of following the multilateral rules and upholding the multilateral system with the UN at its core. Also calling for the improvement of international rules relating to artificial intelligence, data security and public health, he highlighted the need for States’ equal participation in global governance. Noting that 2023 marks the tenth anniversary of the Belt and Road Initiative, he said that China is currently hosting the Third Belt and Road Summit on international cooperation. In addition, as China opens wider to the rest of the world, his Government, in its serious consideration of the rule of law, has introduced its Foreign Relations Law and a Foreign State Immunity Law. He also reported that more than 3,500 courts have established “one-stop litigation service centres” that resolve more than 80 per cent of civil litigations nation-wide and that, since 2017, online courts have been established in Hangzhou, Beijing and Guangzhou.
AMR MOHAMED MOSAAD NOUH (Egypt), associating himself with the Non-Aligned Movement, the Arab Group and the African Group, welcomed the Secretariat’s efforts to strengthen the rule of law. However, he said that terms and concepts not based on consensus should be avoided, detailing his delegation’s reservations regarding the report’s discussion of capital punishment. He also noted that Egypt has taken several measures to promote the rule of law, including by establishing a commission for legislative reform. Turning to the international level, he said that — following the massacre perpetrated by Israel in a Gazan hospital that caused the deaths of more than 500 people — talk about human rights and the rule of law in the Committee today “seems to lack credibility”. If Palestine is a victim, “we must say so”, he underscored, calling on the international community to “act with undeniable firmness to condemn such butchery”. He further urged that those responsible be brought to justice “to preserve our humanity and the credibility of this Committee”.
AZELA GUERRERO ARUMPAC-MARTE (Philippines), associating herself with ASEAN, the Non-Aligned Movement and the Group of Friends of the Rule of Law, said that, during the pandemic, her country’s courts and justice department resorted to “new normal” trials, videoconferencing, online hearings and e-inquests to uphold the rule of law and mitigate the challenges regarding access to justice. She also reported that the Supreme Court of the Philippines has recognized the potential of emerging technologies, launching the Strategic Plan for Judicial Innovations 2022-2027. Public access to information and legal services will be enhanced, legal aid initiatives improved and gender fairness and inclusivity promoted to provide accessible justice for all. In addition, she noted that the primacy of the United Nations Convention on the Law of the Sea was affirmed by the 2016 arbitral award on the South China Sea, definitively settling the status of historic rights and maritime entitlements.
KEKE MANTSHO ANNASTACIA MOTSEPE (South Africa), associating herself with the Non-Aligned Movement and the African Group, said the situation in the Middle East is concerning. “We cannot begin to talk about the respect for the rule of law yet ignore the total disregard of the principles of international humanitarian law currently happening right before our eyes,” she stressed. In regards to the topic on hand, she noted that her country has embarked on an initiative that will modernize court procedures and give flexibility for the use of electronic filing, electronic record keeping and videoconferencing. “South Africa continues to mobilize all available resources and capability to prevent crime and violence, in particular, on women and children,” she stated, also calling for increased global collaboration to combat corruption. Such efforts require all countries to work together in a focused, collaborative and decisive manner. To that end, her Government has implemented a number of initiatives and has put in place several programmes aimed at combatting corruption, including the National Prosecuting Authority Amendment Bill, she said.
AMMAR MOHAMMED MAHMOUD MOHAMMED (Sudan), associating himself with the Non‑Aligned Movement, the Arab Group and the African Group, added his agreement with the sentiment expressed in the Secretary-General’s report that “the rule of law is the foundation of multilateral cooperation and political dialogue”. Further, United Nations support for the rule of law will enable the creation of societies where justice and equality rule. Stressing that the Charter of the United Nations and the principles therein are a comprehensive framework for the rule of law internationally, he said that all Member States should be allowed to participate in the Secretariat’s initiatives and activities in this area. Ensuring the rule of law on the national and international levels is a fundamental duty of States and Governments. It is also essential to balance the national and international dimensions of the rule of law, he said, calling for building national capacity “because this is the best way to initiate the process”.
Mr. ALKAAB (Qatar) condemned the bombing by the Israeli occupation of a hospital in Gaza. This is a massacre against unarmed civilians as well as against international law and international humanitarian law. He warned of the gravity of the policy of collective punishment, including calls on people to leave their homes in the north of the Gaza Strip. This will only redouble the suffering of the Palestinian people. Turning to the rule of law, he said that Qatar pays particular attention to relevant national institutions, raising awareness on the principle and ensuring complementarity between national laws and international instruments. In this vein, the Rule of Law and Anti‑Corruption Centre was created in 2013. It works with national, regional and international institutions, provides training and capacity-building and hosts conferences and symposia. He also drew attention to the major role of the Sheikh Tamim Bin Hamad Al Thani International Anti-Corruption Award given to institutions and individuals for their efforts in this area.
DANG HOANG GIANG (Viet Nam), associating himself with ASEAN, highlighted the importance of respecting the Charter of the United Nations and international law. “Given the ongoing conflicts in many regions of the world, Viet Nam is of the view that all concerned parties to conflicts must respect international law and international humanitarian law in order to ensure the safety and security of civilians and civilian infrastructure,” he stressed, underscoring the pivotal role of the international judicial and arbitral mechanisms, including the International Court of Justice. Recalling the Convention on the Law of the Sea (UNCLOS), he stated: “The implementation of UNCLOS by all States reflects how the rule of law contributes to international peace and prosperity and affirms the need to further promote the rule of law in other areas of global concern.” ASEAN member States are dedicated to transforming Southeast Asia into a region of peace, stability and prosperity, he said, adding that the recent developments in the East Sea (also known as the South China Sea) remain a source of concern.
MUNIR AKRAM (Pakistan) said that “at this moment, it is difficult to extol the virtues of the rule of law”. He condemned Israel’s cowardly, criminal attack on a hospital in Gaza earlier today, which resulted in the killing of hundreds of mostly sick and wounded Palestinians. This atrocity “is clearly a war crime and a crime against humanity”, he stressed, stating that Israel has wiped out any vestige of public sympathy with this one act of slaughter. Those responsible for this crime must be held accountable, and those who enabled Israel to conduct this attack by resisting a ceasefire also share culpability. Calling for an immediate ceasefire, he said that the root cause of this latest violence is the prolonged, illegal occupation of Palestine, the usurpation of Palestinian land and property and the accompanying oppression and massive human rights violations committed by Israel with impunity. Any response to the conflict, therefore, must be based on securing Israel’s respect for international law, he underscored.
Mr. MORA (Cuba), associating himself with the Non-Aligned Movement and the Group of Friends in Defence of the Charter of the United Nations, expressed concern over the capacities granted to the Global Focal Point for the Rule of Law. This “mechanism” does not have any mandate from the Sixth Committee. He went on to say that, as part of national efforts to strengthen the socialist rule of law and social justice, Cuba has adopted a new Constitution and is enacting corresponding reforms. Nevertheless, these efforts are deliberately hindered by the policy of the United States aimed at destabilizing and subverting — including through manipulative media campaigns — the political system that Cubans have freely chosen. In this vein, he called for the lifting of the blockade. Cuba has also implemented digitalization of justice components, centred on the human being, he reported, noting that the reform of the judicial institutions has facilitated the use of technology to promote access to justice for all.
JAIME HERMIDA CASTILLO (Nicaragua), associating himself with the Non-Aligned Movement and the Group of Friends in Defence of the Charter of the United Nations, said that his country is committed to the rule of law and its true strengthening in order to change the unjust international order. “We reiterate that the promotion and strengthening of the rule of law is based on respect for the legal institutions of all States by the international community, as well as the recognition of the sovereign right of peoples to create their own legal and democratic institutions, without imposing any external agenda,” he stated, adding that his country has always trusted the International Court of Justice. “Thirty-seven years ago, in a historic milestone for our people and the world, the International Court of Justice issued a ruling convicting the United States of State terrorism,” he stressed, demanding that the United States comply with the ruling of 27 June 1986 which is definitive and obligatory and requests reparations.
ZACHARIE SERGE RAOUL NYANID (Cameroon) spotlighted General Assembly resolution 76/300, which establishes the human right to a clean, healthy and sustainable environment. “One cannot envisage law without societies,” he observed, noting that the disappearance of humankind would render senseless all work to promote the rule of law. On the use of technology in the service of justice for all, he asked whether operationalizing this idea is “doable” — especially in underdeveloped countries that face basic challenges, where technology is in its incipiency and the context for its use is fragile. He stressed that — for some countries where energy is a luxury — the “Internet becomes an esoteric concept”, adding that sweeping digitalization could create “a kind of legal apartheid” where the most-underserved people are made more vulnerable and the privileged enjoy greater access to justice. He therefore underlined the need to “come out of this enchanted forest” and broaden access to traditional justice services in underserved communities. Each country should work to improve access to justice based on its own situation, he added.
Right of Reply
The representative of China, in exercise of the right of reply, noted that his country has always strictly complied with the United Nations Convention on the Law of the Sea, to which it is a State party. Nevertheless, the treaty does not represent the entirety of the law of the sea. Matters not regulated by it are still governed by general customary international law. The arbitration is void, as it violates the Convention and international law. He reiterated that China does not accept and did not participate in the arbitration. Further, it does not accept or recognize the so-called award, which will, under no circumstances, affect the country’s territorial sovereignty and maritime rights in the South China Sea. China will continue its efforts to resolve the relevant maritime issues with the Philippines through dialogue and consultations, he said.
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