Ministry Statements & Speeches:
I have the honour today to speak on behalf of Canada and Australia, as well as my own country, New Zealand.
CANZ would like to thank the President of the International Court of Justice, Judge Joan E Donoghue, for her report on the work of the Court over the past year. We also extend our condolences on the passing of Judge Antônio Cançado Trindade, a distinguished international lawyer and jurist whose contributions to the development of international law are lasting and outstanding.
The International Court of Justice is an essential pillar of the rule of law, as the principal judicial organ of the United Nations and the only international court with general international law jurisdiction. CANZ have always been strong supporters of the Court, as countries that firmly believe that the rule of law is the foundation of the international rules-based order, and that the peaceful settlement of disputes is essential to global peace and security. We believe that the willingness of States to have recourse to the Court to resolve their differences is crucial in achieving these outcomes.
As the Court’s Report records, we are aware that its caseload continues to be demanding, involving a diverse geographical spread of States and traversing a wide variety of legal questions and subject matters. The flow of new cases submitted to the Court demonstrates its institutional significance as a mechanism for States to resolve their disagreements peacefully. That States are willing to entrust the Court with their disputes is testament to the strength of their confidence in the Court’s independence, expertise and integrity, and the rigour of its proceedings. The Court’s role in developing, clarifying and crystallising international law is more important than ever.
Our acceptance of the compulsory jurisdiction of the Court reflects our confidence in the institution and the importance we attach to its role in the peaceful resolution of disputes and in safeguarding the rule of law. We urge States that have not yet done so to consider accepting the jurisdiction of the Court in accordance with its statute. Wider acceptance of the compulsory jurisdiction of the Court will allow it to fulfil its role more effectively, by reducing jurisdictional disputes and allowing the Court to move more quickly to focus its attention on the substance of disputes. The timely and peaceful resolution of international disputes is an outcome that is in the interests of us all.
CANZ also wishes to highlight that the implementation of the Court’s judgments is essential to ensuring the final resolution of disputes, and reinforcing a judicial system that is of benefit to all Member States. It is imperative that all States respect and abide by the Court’s binding decisions, including provisional measures.
CANZ reiterates our support for the establishment of the trust fund for the Judicial Fellowship Programme of the Court, as recorded in the Court’s Report, which will be a promising start to enhancing the geographic and linguistic diversity of participating legal practitioners. The authority of the Court and the quality of its judgments are enriched by the diversity of its bench.
We also urge member states to nominate and support qualified women as judicial candidates in the 2023 election in support of greater gender diversity on the Court. We are pleased that the gender balance of the Court is slowly but surely improving, and we hope to see this continue to grow.
I thank you.