NEW YORK, OCT. 28, 2007 (Zenit.org).- The Holy See expressed its hopes that the United Nations can play a key role in ensuring that international treaties are respected.
Archbishop Celestino Migliore, permanent observer of the Holy See to the United Nations, said this Friday to the 62nd U.N. General Assembly, when delivering his address on the topic of the rule of law at the national and international levels.
He said: "The role of the United Nations in the creation and implementation of international treaties is vital. By ensuring that the principles of free consent, good faith and 'pacta sunt servanda' are respected, this organization guarantees that relations between states are regulated by applicable international treaties and governed by reason, justice and fair negotiations, rather than by fear, force or manipulation.
"In enforcing these treaties, the United Nations must be a neutral arbitrator and must respect the contracting intent and desire of the parties. A treaty body system that becomes opaque and unaccountable to states parties runs the risk of undermining the basic tenants of the rule of law and diminishes the credibility and legitimacy of the United Nations as a promoter and guarantor of international law."
However, Archbishop Migliore noted that some states lack the "technical capacity to cope with all their international obligations."
"Thus technical assistance to these countries is of utmost importance if observance of international law and treaties is to be had," he said.
Terrorists
With regard to terrorism, the archbishop affirmed, "The rule of law at times is difficult to apply to terrorists who have little or no respect for it."
But, he contended, "states must not engage in measures antithetical to the very principles that give them legitimacy through the rule of law."
Archbishop Migliore said the Holy See delegation believes there is need to continue debate about dealing with states or organizations that commit crimes against humanity.
He said: "[F]urther progress has also been made in the World Summit Outcome Document by which, among others, all member states affirmed the collective international responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity, and their willingness to take timely and decisive collective action for this purpose, through the Security Council, when peaceful means prove inadequate and national authorities are manifestly failing to do it.
"My delegation believes there is need to pursue the debate and juridical codification along this very line, wherein sovereignty is not understood as an absolute right and used as a shield against outside involvement, but as a responsibility not merely to protect citizens, but also to promote their welfare. Through the creation of legal norms, arbitration of legal disputes and the establishment of safeguards, especially when states fail in their responsibility to protect, the United Nations is called to be the propulsive forum for the rule of law in all corners of the globe."
ZE07102805 - 2007-10-28