"There must be law, steadily invoked and respected by all nations, for without law, the world promises only such meager justice as the pity of the strong upon the weak." – Dwight D. Eisenhower, January 21, 1957
A world governed by the rule of law, and the role of UN in this
The world’s mounting challenges need a collective response guided by international rule of law, for a just, peaceful, humanitarian and prosperous world. ‘Rule of law’ means that in any situation, states must adhere to the relevant international treaties, and include their provisions in national legislation.
The UN Charter as an international treaty is an instrument of international law, and UN Member States are bound by it. It codifies major principles such as sovereign equality of States to the prohibition of the use of force in international relations.
The development of international law, and fostering respect for it, has been a key part of the work of the UN. This is carried out by courts, tribunals, multilateral treaties and by the Security Council, which can approve peacekeeping missions, impose sanctions, or authorize the use of force when there is a threat to international peace and security, if deemed necessary.
Strengthening the Rule of Law via a revised UN Charter
Today, 785 years on from its drafting, there is widespread agreement that the UN Charter needs amending, to make the UN a more effective body. Indeed Article 109 of the UN Charter allows for such amendment but there has been a paralysis of will to try for it, based on a fatalism that amendment efforts will go in vain due to a lack of commitment behind it, and its current perceived infeasibility. Yet, if we are to improve the condition of the world, UN Charter reform is absolutely key.
Thus, it is a matter of great joy that it is confirmed in April 2023 that the world leaders’ 2024 Summit of the Future in New York will announce a UN Charter Review conference. This is confirmed in the Report of the High Level Advisory Board on Effective Multilateralism set up by the UN Secretary General, titled "A Breakthrough for People and Planet: Effective and Inclusive Global Governance for Today and the Future". This is an incredibly significant and promising development towards UN reform.
Judiciary’s role in ideating for the UN Charter Review conference
The expected announcement of a UN Charter Review conference at the 2024 Summit of the Future provides the distinguished participants of the Chief Justices conference 2023 the golden opportunity to contribute their perspicacious share on what a Charter Review conference should entail, in order to make the UN a body that ensures a better, more just, peaceful, sustainable and prosperous world going forward. Thus, an important part of the Agenda of the Chief Justices conference 2023 will be based on specific ideas that can be contributed to the reform of the UN Charter, for deliberation at the Charter Review conference.
While a fundamental reform of the UN Charter may seem currently to be politically infeasible, this must not deter us from imagining what the world ideally should be, and putting that forward to the UN Charter Review conference. World events may catapult humanity to acceptance of ideas that may currently seem idealistic or utopian. As conscience keepers of humankind and as custodians of the welfare of humanity’s silent masses, the world judiciary has an opportunity to deliberate on these issues at the Chief Justices conference 2023.
