YouSaid · the spoken record

Gomez Robledo

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46
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2004-10-06
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2010-06-29
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un-security-council

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  1. There are still a number of speakers remaining on my list. I therefore intend, with the concurrence of the members of the Council, to suspend the meeting until 3 p.m. The meeting was suspended at 1.40 p.m.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  2. By promoting compliance with international law through its actions and decisions and by functioning within the framework of international law, the Security Council helps to fulfil its primary responsibility.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  3. The sanctions regimes concerning Al-Qaida and the Taliban, in accordance with resolution 1267 (1999), have seen fundamental changes. Resolutions 1822 (2008) and 1904 (2009) are very important steps in that direction, and we therefore welcome the recent appointment of the Ombudsperson, which constitutes a change in the area of targeted sanctions. However, we believe that the right to an effective remedy is still pending. We are on the right path, but we still need to strengthen the delicate balance between effectiveness and legitimacy. I conclude by recalling the brilliant jurist Hersch Lauterpacht, who reminded us that the principal function of international law is "the subjection of the totality of international relations to the rule of law".

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  4. I wish to recall the presidential statement (S/PRST/2009/8) that the Council adopted in 2009, during Mexico's first presidency, which underscores the need to put mediation processes in place from the earliest stages of conflicts through the peacebuilding phase. Thus, Mexico believes that an essential task of the Council in establishing mandates for peacekeeping operations is to contribute to strengthening the rule of law in countries affected by conflicts or in the immediate aftermath when they are emerging from them. My delegation recognizes that the Council has increasingly used that idea in its decisions. Reviewing the developments that the Council has seen since 2006 with regard to the rule of law, it is clear to us that there has also been progress in the area of sanctions.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  5. More important, the due relationship that should exist between the Security Council and the International Criminal Court has been preserved, with full respect for the Charter. We welcome the fact that the Kampala Conference resolved the judicial mechanism that the International Criminal Court must activate in those cases in which the Council refrains from determining the existence of an act of aggression. That will allow the Court to exercise its jurisdiction and ensure that such serious acts as that of aggression do not remain unpunished. Mediation is one of the most effective ways to resolve conflicts peacefully that can be resorted to once a conflict has started or in the post-conflict phase, with great peacebuilding potential.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  6. However, we know and experience shows that States have rarely activated that mechanism. By contrast, we can encourage the Secretary-General's good offices to facilitate and ensure the implementation of a decision, as has already happened in some cases. Mexico reiterates its call on States that have not done so to draw up declarations of acceptance of the compulsory jurisdiction of the Court, and on those that have lodged reservations of a non-technical nature to consider withdrawing them. While we have much to do to ensure the entry into force of the amendment that has just materialized at the Kampala Review Conference of the Rome Statute, which established the International Criminal Court, we already have a definition of the crime of aggression that allows us to fit the conduct being tried with the principles of international law.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  7. For many years, Mexico has supported and advocated the idea that the General Assembly should authorize the Secretary-General to request advisory opinions on matters related to its functions in order to also strengthen the role of the Secretary-General, and thereby that of the Organization. However, we should bear in mind the fact that the Council also has the power to request advisory opinions on any legal matter, which would lead to strengthening international law in the its daily work in cases where that is required. A separate issue is the role that the Council should play in the execution of a decision of the Court. There have been situations of non-compliance with the Court's rulings in the past, and these could continue to arise. In cases of non-compliance, paragraph 2 of Article 94 sets out the path to follow.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  8. That is to achieve the settlement of disputes through peaceful means and in conformity with the principles of justice and international law. That dual responsibility - the obligation to settle disputes by peaceful means and the power of the Council to promote that outcome - should be exercised more often in practice. In particular, in cases in which a dispute has its origins in divergent interpretations of the law, the Council can promote a legal solution by investigating a dispute or a situation pursuant to Article 34. In recent years, we have been pleased to note a tendency to have more frequent recourse to the International Court of Justice, in particular through special arrangements between parties, but its potential has not been fully exploited and its advisory role could be put to greater use.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  9. The primary responsibility conferred on the Security Council carries broad powers designed to guarantee its effectiveness, which is viable only to the extent that the Council and its Member States conduct themselves in accordance with those norms. That is not only an ethical imperative, but also the most important premise of the rule of law in its most fundamental concept. It has been reflected in a series of concrete measures, many of which have been articulated in previous debates. One useful guideline in that respect is, for example, the 2008 final report and recommendations emerging from the Austrian initiative on the Security Council and the rule of law. The Security Council can play a key role in promoting a fundamental principle of the Organization.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  10. Suffice it to mention the series of Security Council resolutions urging the parties to armed conflicts to comply with international humanitarian law. There has also been marked progress in the area of the protection of vulnerable groups, such as women and children. Indeed, the Council has become the collective guarantor of international humanitarian law, as provided for in the Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts - Protocol I. However, we recall that compliance with, and enforcing compliance with, international law are mutually reinforcing objectives. Those who promote respect for the law must strengthen it with their own actions.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  11. In the past four years, there have certainly been important improvements in this regard, as demonstrated by resolutions on, for example, non-proliferation or the most recent one, on Iran. Nevertheless, much remains to be done. In this context, I would like to recall the words of the then President of the International Court of Justice, Judge Rosalyn Higgins. At a 2006 debate on this subject, she reminded us that: "International law is, of course, the law that governs relations between States and between States and international organizations. It is the law of each and every one of us. In a world often divided by politics, it is our common language." (S/PV.5474, p. 5) Now, in 2010, we can note with satisfaction the progress that has been achieved with respect to effective compliance with international law.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  12. At the same time, however, it is very important to recall that, according to Article 24, paragraph 2, of the Charter, the Council is bound to discharge its duties in accordance with the purposes and principles of the United Nations. These include essential components of the rule of law, such as respect for the principles of justice and adherence to international law and human rights. Four years ago, it was stressed that many controversies spring from disputes of a legal nature. If - as has often happened - such disputes give rise to situations that constitute a threat to or a breach of the peace or an act of aggression, we can logically suppose that both the determinations made by the Council pursuant to Article 39 and the actions that it decides to take should be grounded in and motivated by international law.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  13. The promotion and strengthening of the rule of law in the maintenance of international peace and security represents two different, though closely interrelated, notions. On the one hand, it entails the idea of integrating international law to a greater degree in the daily work of the Security Council. On the other, it refers to the tools at the Council's disposal with which it can enhance compliance with international law in its various areas of competence. Both components are essential for the Council to fulfil its primary responsibilities. Given today's ever-changing global challenges, the Council has learned to respond effectively, using the discretion it has under Article 39 of the Charter, in expanding, on a case-by-case basis, the very concept of a threat to peace.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  14. I thank Ms. O'Brien, United Nations Legal Counsel, for her statement. Before giving the floor to other speakers, I wish to remind all speakers to limit their statements to no more than five minutes, in order to enable the Council to carry out its work expeditiously. Delegations with lengthy statements are requested to circulate their texts in writing and deliver a condensed version when speaking in the Chamber. With the Council's permission, I will now make a statement in my national capacity. Strengthening the rule of law in the work of the United Nations is a priority for Mexico. We thus welcome the fact that, four years after the Council's most recent open debate on this subject, which was organized by the Danish presidency, today we can come together to build on and discuss the progress achieved and the challenges we still face.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  15. I thank the Deputy Secretary-General for her briefing to the members of the Council. I now give the floor to Under-Secretary-General Patricia O'Brien.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  16. I wish to draw the attention of members of the Council to document S/2010/322, which contains a letter dated 18 June 2010 from the Permanent Representative of Mexico to the United Nations addressed to the Secretary-General, transmitting a concept paper on the item under consideration. At this meeting, the Security Council will hear briefings by Her Excellency Ms. Asha-Rose Migiro, Deputy Secretary-General, and by Ms. Patricia O'Brien, Under-Secretary-General for Legal Affairs and Legal Counsel of the United Nations. I now invite the Deputy Secretary-General to take the floor.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  17. Pedro Serrano, in which he requests to be invited, in his capacity as acting head of the 2 delegation of the European Union to the United Nations, to participate in the consideration of the item on the Council's agenda. If I hear no objection, I shall take it that the Security Council agrees to extend an invitation under rule 39 of its provisional rules of procedure to Mr. Serrano. It is so decided. I invite Mr. Pedro Serrano to take the seat reserved for him at the side of the Council Chamber. The Security Council will now begin its consideration of the item on its agenda. The Council is meeting in accordance with the understanding reached in its prior consultations.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  18. At the invitation of the President, the representatives of the aforementioned countries took the seats reserved for them at the side of the Council Chamber The President (spoke in Spanish): In accordance with the understanding reached in the Council's prior consultations, I shall take it that the Security Council agrees to extend an invitation under rule 39 of its provisional rules of procedure to Ms. Patricia O'Brien, Under-Secretary-General for Legal Affairs and Legal Counsel of the United Nations. It is so decided. I invite Ms. O'Brien to take a seat at the Council table. I should also like to inform the members of the Council that I have received a letter from His Excellency Mr.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  19. I should like to inform the Council that I have received letters from the representatives of Argentina, Armenia, Azerbaijan, Australia, Botswana, Canada, Denmark, Finland, Germany, Guatemala, Italy, Liechtenstein, Norway, Peru, the Republic of Korea, Solomon Islands, South Africa and Switzerland, in which they request to be invited to participate in the consideration of the item on the Council's agenda. In conformity with the usual practice, I propose, with the consent of the Council, to invite those representatives to participate in the consideration of the item, without the right to vote, in accordance with the relevant provisions of the Charter and rule 37 of the Council's provisional rules of procedure. There being no objection, it is so decided.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source

  20. Our initiative complements the debate taking place today in the Council and seeks to strengthen the concept of the rule of law and promote cooperation and coordination in applying it.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  21. The Court, in another historic advisory opinion, clearly established that Article 24 of the Charter confers primary "but not necessarily exclusive" responsibility on the Security Council in that regard. My delegation hopes that its proposals will be useful to the Security Council as it discharges the very important functions that we have entrusted to it, and that they will contribute to strengthening international law and thereby the rule of law in its broadest sense. Mexico and Liechtenstein have requested the inclusion of an agenda item entitled "The rule of law on the national and international levels" on the agenda of the sixty-first session of the General Assembly.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  22. By way of example, as the representative of France noted this morning, the responsibility to protect, referred to in the 2005 Summit Outcome, should be the subject of analysis and debate in the General Assembly - and eventually codification - instead of simply taking refuge in the resolutions of the Security Council, as was the case with resolution 1674 (2006). Lastly, and more generally, we urge the Council to more closely involve the General Assembly in its work. A restrictive interpretation of the competency of the Security Council on the basis of Article 12 of the Charter is no longer appropriate. Both organs have concurrent competencies in all matters relating to the maintenance of international peace and security.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  23. Sixthly, the Security Council should instead encourage the General Assembly to codify and develop international law whenever it believes that the legal framework in force is inadequate to cope with threats to international peace and security. The General Assembly set for itself the task of negotiating the Rome Statute, which created the International Criminal Court, largely in order to put an end to the establishment of ad hoc tribunals by the Security Council. At that time, my country expressed serious objections about the power of the Council to establish jurisdictional bodies. However, that does not mean that we should not recognize the extraordinary work done by those tribunals - quite the contrary.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  24. The way the Charter should be interpreted - as the constitutional framework that defines the activities of the Council and its obligation to act within the limits imposed upon it by the Charter - has already been determined by the International Court of Justice in an advisory opinion of 1996. Mexico believes that - since that is the sole universal supranational body, and bearing in mind the far-reaching nature of the responsibilities entrusted to it by the Charter and the fact that the Council acts on behalf of all Member States - respecting the limits imposed by the Charter is more important for the Council than for any other organ. It is for that reason that Mexico does not recognize the validity of the argument about the Security Council's residual, implicit or subsidiary powers.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  25. That would not entail amending the Charter, but merely the granting of a general authorization to the Secretary- General, as has been the case in specialized agencies. If the Secretary-General had that power, he would, with the agreement of the parties to a dispute, be able to request an opinion from the Court while avoiding the need for the parties to present their points of View before political bodies, which could prejudice their respective positions concerning the merits of the dispute. Fifthly, the Council should refrain from taking decisions of a legislative nature. That falls under the purview of the General Assembly, as provided for under Article 13 of the Charter.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  26. In that regard, the Secretary-General should also develop his ability to advise the parties. Thirdly, the Council should have recourse to advisory opinions of the International Court of Justice. Unlike some States, my delegation does not believe that the material scope of such opinions should be confined solely to matters pertaining to problems having to do with a conflict of competence between the organs of the United Nations system. The advisory jurisprudence of the Court has been of great service to the international community as a whole in the various issues of the growing sphere in which international law is evolving. Fourthly, the Council should recommend to the General Assembly that it authorize the Secretary- General to seek advisory opinions from the Court.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  27. In that regard, the General Assembly and the International Court of Justice must play a more active role, in line with the functions conferred upon each of them by the Charter. Mexico proposes that the Security Council consider the desirability of adopting certain measures, such as the following. First, in proposing options to parties to a dispute, the Council should have more frequent recourse to the peaceful means available under Chapter VI, without creating any doubt as to the obligation of States to submit to the mechanisms for peaceful settlement provided for under Article 2, paragraph 3, of the Charter. Secondly, the Council should propose to parties to a dispute that has been settled by the International Court of Justice the assistance they may need to execute and implement the judgement.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  28. The evolution of that notion makes international peace and security the result of a combination of factors - such as respect for human rights and international humanitarian law, the right of peoples to self- determination, the validity of democratic institutions, the non-proliferation of all sorts of weapons and the prevention and punishment of acts of terrorism. The 2005 World Summit adopted, in its Outcome document, a new, multidimensional concept of security that encouraged a new kind of cooperation between the Security Council and the other principal organs of the United Nations, with a view not only to the maintenance of international peace in the narrow sense but to the international order in its contemporary meaning.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  29. For those reasons, when determining whether there has been a breach of the peace or an act of aggression, the Council should be able to rely on the international legal rule that has been violated and base its decisions in international law. Peace as an end in itself cannot justify any action. We therefore note with concern not only the trend towards excessive recourse to Chapter VII and certain abuses of the notion of a threat to peace, but also the way in which key criteria governing the rule of self- defence have been diluted, such as the immediacy and attribution of constitutive elements of armed attack against a State - something that no doubt began with resolutions 1368 (2001) and 1373 (2001). As has been noted, peace does not mean just the absence of an international armed conflict.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  30. In the view of some, there is no reason at all for the Council to make determinations of a legal nature, for fear that they may have an impact on the international responsibility of States as a result of the attribution of the internationally wrongful act. We believe that to be a groundless fear and that in any case the mandate of the Security Council clearly does not presuppose taking decisions that create international responsibility of States. That falls within the purview of courts, and in particular the International Court of Justice. Nevertheless, when it has deemed it appropriate, the Council has even established that a State is liable under international law for losses and damages stemming from breaches of international law, as set out in paragraph 16 of resolution 687 (1991).

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  31. However, when making a determination under Article 39 as a prerequisite to the adoption of measures to maintain or restore peace, the Council generally takes an empirical attitude and settles for a general reference to Chapter VII in the preambular part of its resolutions as the legal foundation for its actions. Experience has shown that, as an essentially political body, the Council does not seem to want to define a breach of the peace or an act of aggression from the standpoint of the commission of an internationally wrongful act. It prefers to have recourse to the broader notion of a threat to peace or to a general reference to Chapter VII.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  32. This can be seen in particular from the Council's expansion since the 1990s of the very concept of a threat to the peace, determining that grave breaches of human rights and international humanitarian law constitute a threat to the peace. Through such measures, the Council has undoubtedly assumed the role of guarantor of compliance with international humanitarian law, as provided for in Protocol I Additional to the Geneva Conventions. The same can be said of the measures taken by the Council in combating terrorism, particularly since the adoption of resolution 1373 (2001).

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  33. Mexico does not question the Council's discretion to make determinations under Article 39 or to change the list of acts that constitute aggression - discretion that the General Assembly recognized in its resolution 3314 (XXIX). Nonetheless, the Council is bound by the purposes and principles set out in Articles 1 and 2. I should like to clarify my delegation's thinking in this regard. When the Security Council has sought to influence the interpretation of international law, it has done so in a forthright manner. The principle of non- intervention in affairs that are essentially a matter for the internal jurisdiction of States has been the subject of extensive interpretation in terms of substantive content and the legal regime that governs it, even running counter to what the Council itself had determined at other times.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  34. That is something that the President of the International Court of Justice also recalled today. Generally speaking, therefore, all disputes between States stem from differences concerning the interpretation of some rule of international law. If - as has often occurred - such disputes give rise to a situation that constitutes a threat to the peace, a breach of the peace or an act of aggression, it is logical to suppose that the determination made by the Council pursuant to Article 39 of the Charter and the actions that it decides to take would be grounded in and motivated by international law. The Security Council is bound to discharge its duties in accordance with the purposes and principles of the United Nations, as set out in Article 24, paragraph 2, of the Charter.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  35. For that reason, we welcome Denmark's emphasis on the question of the peaceful settlement of disputes and agree that the Council can "take steps to ensure compliance with international law", provided that it "operates within the framework of international law in all its functions" (S/2006/367, annex). The Council must develop its institutional capacity to prevent the outbreak of situations that threaten peace and, in particular, strive to help the parties to a dispute to resolve it in keeping with the procedures set out in the Charter, emphasizing the recommendation that legal disputes should be referred to the International Court of Justice. As a former Legal Counsel of the United Nations - one of Mr. Michel's predecessors - said, experience proves that almost all international disputes have a legal component.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  36. It is a serious matter that, as the Secretary- General pointed out on the occasion to which I have referred, "Where enforcement capacity does exist, as in the Security Council, many feel it is not always used fairly or effectively". Mexico believes that that is the issue that needs to be addressed today. Mexico is in no doubt about the primary responsibility entrusted to the Council by the Charter regarding the maintenance of international peace and security. In this regard, Mexico does not customarily distinguish between decisions that the Council may take under Chapter VII of the Charter and those that it may take on the basis of Chapter VI. All of its decisions are governed by Article 25 of the Charter and, given their substantive content, have a binding character for those to whom they are directed.

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  37. Mr. Gomez Robledo (Mexico) (spoke in Spanish): Introducing his report on the work of the Organization in 2004 (A/59/1), the Secretary-General stated that "Those who seek to bestow legitimacy must themselves embody it; and those who invoke international law must themselves submit to it" (A/59/PV.3, p. 3). Mexico hopes that the debate that has brought us together today will enable us to renew our belief in international law as the best instrument for ensuring peace, the rule of law and development. My delegation therefore fully supports Denmark's purpose in convening this debate, "to consider the Security Council's particular role in promoting international law" and, in particular, "the legal tools applied by the Security Council in its endeavours to maintain international peace and security" (5/2006/367, annex).

    2006-06-22 · UN Security Council · Security Council, S/PV.5474 (2006) · source

  38. The Court must come to be seen, above all, as the mechanism which the international community has established to ensure that the most serious crimes of international importance do not go unpunished. As the Secretary-General indicated in his recent address to the General Assembly, "Those who seek to bestow legitimacy must themselves embody it; and those who invoke international law must themselves submit to it." (A/59/PV.3, p. 3) In that connection, Mexico welcomes the firm commitment shown by the Secretary-General with regard to strengthening the foundations, within the Organization, of this renewed effort to promote the rule of law and transitional justice.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  39. In the case of the so-called hybrid or international tribunals - such as that for Sierra Leone, to which Mexico has contributed - voluntary contributions, as recognized in the report, have proved to be an uncertain source of financing. But, over and above those problems, Mexico reaffirms its conviction that, above all, it is up to the societies affected to initiate the establishment of such tribunals and, in any case, to rely on international advice, supervision and financing, depending on the circumstances. In some cases, regional or subregional organizations can and must supplement those tasks. In that context, Mexico believes we must continue to promote the strengthening of the International Criminal Court.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  40. In that connection, my delegation has received with interest the proposal of a number of countries aimed at creating a specialized unit within the Secretariat or a division within the Office of the High Commissioner for Human Rights. Secondly, special tribunals of any kind are undoubtedly one of the Organization's boldest responses to the need to put an end to impunity and, at the same time, to punish those responsible for crimes that shock the social conscience. However, experience in this area, as indicated in the report, is ambivalent. Most assuredly, today we would not repeat many of the mistakes we made a decade ago, some of which Mexico noted at the time. On the one hand, special tribunals - as in the cases of the former Yugoslavia and Rwanda - represent an exorbitant cost, 15 per cent of the Organization's annual budget.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  41. Undoubtedly, as recognized by the Secretary- General, the Organization already has a respectable number of experts in those areas, who can provide timely advice. Some countries in particular contribute or are in a position to provide valuable assistance on those matters at the bilateral level. However, post- conflict intervention efforts remain scattered in various areas within the Organization. On that and other aspects of the report, I should like to make several observations. First, my delegation believes that we must move forward towards a process of institutionalization and better coordination of United Nations interventions in post-conflict situations.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  42. Transitional justice has become a key element in the work of the Organization. In particular, it is increasingly present in the decisions of the Council. The action of the Security Council in addressing threats to international peace and security must entail the obligation to ensure a sufficient measure of stability and political and institutional reconstruction after a conflict. Without that component, the work of the Council is incomplete and weak, as we have seen in Haiti, for example. A few years later, the same episodes of violence and disruption of institutional life are repeated. Justice, democracy and peace must be closely linked to ensure the stability and reconciliation of societies.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  43. However, as a result of the change of administration, we are undergoing a transition towards a democracy that is daily growing in scope. In that connection, we believe that our experience - reflecting the conditions of an ongoing transition, but with the advantages inherent in a long period of stability and economic and social progress - can be shared with other societies. The Mexican experience in building an institutional framework for electoral systems that inspire confidence in the electorate and confer legitimacy on the authorities to be elected has been and will remain available to the United Nations. We trust that we will soon see in my country the materialization of the United Nations electoral training centre project, which was announced during the Secretary-General's recent visit to Mexico.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  44. For its part, the notion of transitional justice - a relatively new concept in the international sphere - denotes above all a society's efforts to resolve the legal and institutional challenges arising from a change in regime, including, of course, the aspect of reparation for victims, leading ultimately to a reconciliation among the different national actors. Various societies face such situations as a result of internal conflicts, but also as a result of some profound change in their political organization. Such is the case in Iraq or the Sudan, where the clamour for justice represents a challenge for the societies in those countries, but also requires the assistance and support of the international community. Mexico is not in a post-conflict situation.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  45. As the report suggests, we can understand that the rule of law implies a principle of governance according to which all persons, institutions and entities, public and private, are subject to laws, which must be compatible with international human rights norms and must guarantee accountability, including procedural transparency. Today, the building or rebuilding of the structure of a civil society is in fact sustained by respect for international law. Also today, the law of inter-State relations - ias gentiam - is at the service of the individual. The building of civitas is not limited to the establishment of peace; it must continue beyond the formal cessation of hostilities. In short, international law is an undeniable sign of civilization.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  46. Mr. Gomez Robledo (Mexico) (spoke in Spanish): Mexico welcomes the report of the Secretary-General entitled "The rule of law and transitional justice in conflict and post-conflict societies" (S/2004/616). Our appreciation goes also to the British presidency of the Security Council for the timely manner in which he convened this second debate on that topic. We agree with the report that a consensus is needed within the Organization on the definition of key concepts such as the rule of law or transitional justice. A proper orientation for the Organization's many efforts in essentially complex and unique processes depends on such a definition.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source