09 November 2015 - The Philippines renewed its call for the universal respect for the global rule of law by voicing its support for the work of international courts and tribunals.
In separate statements delivered during the annual International Law Week, Ambassador Lourdes O. Yparraguirre, Philippine Permanent Representative to the United Nations, highlighted the need to take stock of common efforts in the delivery of justice for both Member States and individuals as the world body commemorated its 70th anniversary this year.
In her statement before the General Assembly on the annual report of the International Court of Justice, Ambassador Yparraguirre emphasized the role of the court as the only international court of a universal character with general jurisdiction and renewed the Philippines’ call for Member States that have not yet done so to accept the compulsory jurisdiction of the Court.
Her statement followed the comprehensive oral summary delivered by the president of the Court, Judge Ronny Abraham of France.
Ambassador Yparraguirre noted that, “The court continues to play a vital role in supporting peace and security, human rights, and development, not through armies, but through the rule of law.”
In the past year, the court considered cases ranging from, inter alia, territorial and maritime disputes, the unlawful use of force, the violation of territorial integrity and sovereignty, international humanitarian and human rights law, and environmental damage to and conservation of living resources.
Ambassador Yparraguirre also highlighted the 1982 Manila Declaration on the Peaceful Settlement of International Disputes, which was negotiated and adopted by the General Assembly during the Cold War when many non-aligned countries were consolidating their political and economic independence.
The Manila Declaration supported the aspirations of non-aligned developing countries by articulating the norms of the peaceful settlement of disputes as outlined in the Charter of the United Nations.
According to Ambassador Yparraguirre, “The increasing confidence by Member States – especially among developing countries – in the capabilities, credibility, and impartiality of the Court to settle disputes by peaceful means, is not unrelated to the norms, values and aspirations articulated by the Manila Declaration. The most fundamental of these is the non-use or threat of use of force.”
In another statement before the General Assembly on the annual report of the International Criminal Court, Ambassador Yparraguirre stressed the role of individuals both as perpetrators of the international crimes of genocide, war crimes and crimes against humanity, and as handmaidens in the pursuit and delivery of justice, which she called “a vocation that is certainly difficult, sometimes thankless and possibly dangerous.”
Her statement followed the comprehensive oral summary delivered by the first woman president of the Court, Judge Silvia Fernández de Gurmendi of Argentina.
“The Philippines reaffirms its commitment to fighting impunity, to ensuring that perpetrators account for their crimes. For if we cannot deliver international criminal justice, then global peace and security would not be possible,” Ambassador Yparraguirre remarked, adding that, “The International Criminal Court has become central to the majesty of the rule of law in our time.”
Ambassador Yparraguirre also took the opportunity to reiterate the Philippines’ appreciation to States Parties to the Rome Statute for the International Criminal Court, for electing, last June in The Hague, former University of the Philippines College of Law Dean Raul Pangalangan to a seat in the court. Judge Pangalangan will serve in the court until 2021.
Earlier in the week, Deputy Permanent Representative Irene Susan Natividad participated in the debate of the UN’s Legal Committee on the annual report of the International Law Commission (ILC), which promotes and advances the global rule of law through the progressive development of international law and its codification pursuant to Article 13 of the Charter of the United Nations.
Ambassador Natividad touched upon the subjects of the “most-favored nation” clause, where the ILC had recently concluded its work, as well as the new topic on the protection of the atmosphere.
“During the last 25 years, the Philippines has pursued preferential and multilateral trading commitments to benefit from trade liberalization, alleviate poverty and raise standards of living. MFN treatment has been a key tool to achieve those objectives,” Ambassador Natividad emphasized.
She thanked the ILC study group on the subject for highlighting the role of the Vienna Convention on the Law of Treaties in helping country experts better and more clearly negotiating bilateral investment treaties and tax treaties, among others.
On the protection of the atmosphere, Ambassador Natividad concurred that, “The atmosphere is our single biggest and one of our most important natural resources. It is a shared, common and possibly finite resource, therefore, it is our common concern,” adding that, “We have a general obligation to protect it from human activity ... and to cooperate in that protection, including by enhancing scientific knowledge and the exchange of information and joint monitoring.” END