Statement by Ambassador Richard Arbeiter, Deputy Permanent Representative of Canada at the Arria formula meeting of the UN Security Council on “Human rights, accountability and justice: contributions to international peace and security”

March 11, 2019
New York

The protection of human rights and the fight against impunity when those rights are violated are at the very core of the rules-based international order. Canada would like to thank France and Peru for organizing this Arria formula meeting on one of the most important challenges to achieving international peace and security.

Canada has worked with many of you in this room on our collective commitment to ensure accountability for war crimes, genocide and crimes against humanity. We joined with you in creating the International Criminal Court. We remain some distance from achieving universality of the Rome Statute, but Malaysia’s recent accession is an important step in that direction. We applaud Malaysia’s commitment to international criminal justice.

As important as the ICC is, it is only one means to accountability, when states cannot – or sometimes will not – deliver justice. Canada also supports the important work achieved by the ad hoc tribunals for Yugoslavia and Rwanda; the International Residual Mechanism for Criminal Tribunals; the Extraordinary Chambers in the Courts of Cambodia; the Special Tribunal for Lebanon; the Special Criminal Court for the Central African Republic, and the Special Court for Sierra Leone. Each has been instrumental in supporting peace and security through accountability.

Too few still talk about it today, but the case of Sierra Leone is particularly illustrative. Part of the purpose of these Arria formula meetings is to allow us to reflect on what works, how, and why. And so if you’ll allow me, I would like to recall the many important firsts achieved by the Special Court for Sierra Leone.

It was established in the country where the crimes occurred – a world first.

It blended domestic and international law in its founding statute, setting a model for hybrid courts.

It insisted on no amnesty for war crimes, and walked the talk by being the first international court to convict a sitting head of state after the Nuremberg trials.

It pushed the boundaries of international crimes, laying charges for recruitment, conscription and use of child soldiers, and for gender-based violence, sexual slavery and forced marriage, recognizing forced marriage as a crime against humanity.

The Court wasn’t static either.  Understanding the importance of moving forward, it established a process for conditional release.

It doggedly undertook inclusive public outreach, before inclusion was a buzzword, paving the way for public acceptance and allowing it to successfully complete its mandate.

The Court was accompanied by a domestic truth and reconciliation process, which also played an important role in reckoning with past human rights abuses and putting an end to a legacy of impunity.

Sierra Leone was accompanied throughout this process by a united, committed international community prepared to offer sustained support, financial, technical, political and otherwise. 

Canada is very proud of the support we provided to the Special Court for Sierra Leone since its establishment in 2002.  And today, we continue to accompany the Residual Special Court.  Through our work as chair of the Peacebuilding Commission’s Sierra Leone configuration over the past decade, we have witnessed first-hand how a commitment to accountability translates into real gains for those affected most.

Nearly two decades later, Sierra Leone has experienced successive, peaceful transitions of power.  They are no longer on the agenda of the UN Security Council, and are focused squarely on building and sustaining peace.  We congratulate them for all they have achieved. 

The lessons here are clear.  Sustained government commitment to implementing TRC recommendations, alongside sustained international support, can and do pay dividends.  We hope for similar results in Liberia and The Gambia given those governments` expressed commitments to follow through.

We should also challenge ourselves to show the same commitment and innovation in ensuring accountability for the international crimes being committed today.

The Security Council has a role to play in Myanmar, Syria, Ukraine, Venezuela, It is essential. Atrocities, large-scale, systematic violations of human rights cannot be met with impunity if the Council is to fulfil its mandate in the maintenance of international peace and security. 

Thank you.