Security Council Open Debate - The Promotion and Strengthening of the Rule of Law in the Maintenance of International Peace and Security: The Rule of Law among Nations

Statement by Beatrice Maille, Minister-Counselor and Legal Adviser

January 12, 2023

Mr. President,

I would like to thank Japan for holding this debate today, while your prime minister is visiting mine in Canada. Since this is my country’s first time taking the floor in this room this year, allow me to congratulate the new Council members.

The fact that we are still here late into the evening shows the international community’s interest in respect for the rule of law.

As many speakers have so eloquently stated today, the rule of law underpins an international rules-based system that is essential to international peace and security. We all yearn for a future shaped, not by force, but by peaceful relations that benefit all our peoples. Our shared vision, expressed through the United Nations Charter, is that respect for international law will ensure we do not live in a world where the strongest rule by force with no regard for the greater good.

As Supreme Court of Canada Justice Rosalie Abella recently said: “we serve the law best when we do so spontaneously, in our own way, with our own voice.”

At a time when the rules-based international order is under threat, it is more important than ever for each of us to raise our voice. We need to speak loudly for the rule of law, instead of rule by force, to strengthen the bonds among all our nations in the pursuit of our common goal.

Justice remains an essential dimension of any social contract. The 2030 Agenda promises to promote the rule of law and provide access to justice for all. It is in our common interest to build a world where laws are publicly promulgated; equally enforced and independently adjudicated; via fair, transparent, effective, non-discriminatory and accountable justice services, which are consistent with international law and human rights obligations.

Putting people at the centre of justice system is a cornerstone of achieving economic and social progress and development, while protecting people’s rights and fundamental freedoms.

Canada’s commitment to the rule of law starts at home, but also extends internationally.

In a global era where terrorism knows no borders, where consequences to the environment may be global, where some members of this Council disregard the UN Charter (after all Russia seeks to destroy Ukrainian identity as a sovereign and as an independent nation), where powerful non-State or para-State actors threaten development, Canada is raising its voice to stand by our mutual commitment to respect and defend the rules that we have collectively developed over generations to maintain international peace and security.

First, Canada takes seriously our duty to fulfill in good faith our obligations under international law, such as the duty to settle disputes over territories through peaceful means rather than through force or coercion. The Agreement reached between Canada and Denmark, together with Greenland, on a long-standing maritime and land border dispute in the Arctic (known as the Whisky War) is a significant historic milestone in the relationship between neighbours.

Second, Canada continues to work to promote and protect respect for the rights of people everywhere as well as to advocate for accountability for most serious international crimes and a path to justice for the victims of such atrocities.

At its essence, the rule of law also requires all persons, institutions, private corporations, States, and even non-State actors to be accountable before the law, whether in times of peace or conflict alike.

As such, we remain a steadfast supporter of international criminal justice mechanisms, such as the International Court of Justice, the International Criminal Court, other tribunals.

Together with the Netherlands, Canada has recently filed a joint declaration of intervention in the Ukraine v. Russia case before the International Court of Justice, and have also stated their intention to intervene in the Gambia v. Myanmar case, both of which allege violations of the Convention against Genocide.

Additionally, Canada and the Netherlands have also invoked a dispute with Syria, under the Convention against Torture.

We also support the various Fact Finding missions and international investigative mechanisms gathering reliable evidence to support fair trials. These processes can contribute to the eradication of impunity.

Third, Canada continues to pursue efforts to protect civilians in situations of armed conflict to better protect the people we are all meant to serve. 

While we aim for peace, we have set rules in times of war. Despite such a robust legal and policy framework to protect civilians from the excesses of war, civilians, particularly women and girls, continue to bear the brunt of armed conflicts.

The lack of willingness to respect and implement these rules by some, or the ignorance of their content and application have devastating impact.

Scrupulous adherence to international humanitarian law, international human rights law, and international refugee law is urgently needed.

Looking at the future, as we start a new year and I am one of the last speaker in front of this fora, let me ask you the real question, will this Council come together this upcoming year to raise its voice and stand up for the rule of law?

Thank you, Mr. President.