STATEMENT BY AMBASSADOR BURHAN GAFOOR, PERMANENT REPRESENTATIVE OF THE REPUBLIC OF SINGAPORE TO THE UNITED NATIONS, AT THE OPEN DEBATE ON THE PROMOTION AND STRENGTHENING OF THE RULE OF LAW IN THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY: THE RULE OF LAW AMONG NATIONS, SECURITY COUNCIL, 12 JANUARY 2023

Mr President,

1 At the outset, I wish to congratulate Japan for assuming the Presidency of the Security Council and we commend Japan for its initiative in convening today’s debate on the important topic of promoting and strengthening the rule of law.  I also wish to thank Secretary-General António Guterres, President of the International Court of Justice Judge Joan Donoghue and Professor Dapo Akande for their important remarks.

2 The Security Council has debated the topic of the rule of law several times over the course of the last two decades.  Nevertheless, this debate is relevant and timely because the context of peace and security today is vastly different.  The events of the past year have shown that the rule of law cannot be taken for granted.  Russia’s invasion of Ukraine and its annexation of sovereign Ukrainian territory have undermined international peace and security and violated principles of the UN Charter and international law.  The war in Ukraine poses a direct challenge to the multilateral system founded on the UN Charter and international law.

3 In a context of war and conflict, multilateralism and international law may very well be the first casualties.  However, the international response to the invasion and annexation of Ukraine clearly shows that the world has overwhelmingly rejected the path of invasion, annexation and aggression.  The adoption of resolutions in the General Assembly with an overwhelming majority condemning Russia’s invasion and annexation is a clear demonstration that members of the UN want a multilateral system based on the UN Charter and international law.  It is disappointing, but not surprising, that the Security Council has been unable to discharge its primary responsibility for the maintenance of international peace and security.  It is therefore important that every UN Member State and every principal organ of the UN do their part for peace and security by upholding the rule of law.  The rule of law cannot be replaced by the notion that might is right, and the UN must always be the custodian of the rule of law at the international level.  In this regard, please allow me to make a few points.

4 First, every member of the UN has a responsibility to comply with its obligations under the UN Charter and international law at all times.  In his 2004 report, “The rule of law and transitional justice in conflict and post-conflict societies”, the Secretary-General noted that the rule of law “is a concept at the very heart of the Organisation’s Mission” and defined this concept as “a principle of governance in which all persons, institutions and entities … including the State itself, are accountable to laws …”.    However, expressing support for the rule of law through statements is not enough.  Every State must be judged by its actions and by its adherence to and respect for international law obligations.  We cannot allow UN members, especially the large and powerful countries, to pick and choose which international law obligations they seek to uphold.  À la carte multilateralism is not multilateralism.  A selective or unilateral approach to international law will only weaken the multilateral system and undermine international peace and security.

5 Second, every member of the UN must support preventive diplomacy and the peaceful settlement of disputes.  In particular, Permanent Members must lead by example, and, in this regard, actions speak louder than words.  It is a reality that preventive diplomacy to “save succeeding generations from the scourge of war” is both time and resource intensive.  However, it is an infinitely better alternative than resorting to the threat or use of force in violation of the UN Charter.  The Secretary-General, too, has a crucial peace-making role, as reflected in Article 99 of the UN Charter, and he must be fully supported in this regard.  The means of peaceful settlement of disputes that are laid down in Article 33 of the UN Charter should be fully utilized.

6 Third, the General Assembly, which is the main deliberative and the most representative organ of the UN, must continue to enhance its ability to contribute to the implementation of obligations under the UN Charter and international law.  By doing so, the Assembly can contribute materially to the maintenance of international peace and security, particularly when the Security Council is unable to act.  This is why Singapore strongly supported the adoption of the General Assembly resolution 76/262 on the veto initiative.  This resolution demonstrates that Member States can and should innovate within the framework of the UN Charter to promote accountability in support of the rule of law. 

7 Fourth, the rule of law applies at all levels.  The rule of law at the international level cannot exist without the rule of law at the national and regional levels.  That is why Singapore has been a strong advocate of regional organisations contributing in accordance with Chapter VIII of the UN Charter.  In Southeast Asia, ASEAN has played a crucial role in maintaining peace and security by providing a framework for regional dialogue and cooperation. The relative peace that the region enjoys is also due to a regional commitment to the rule of law, as exemplified by the ASEAN Political-Security Community Blueprint.

Mr President,

8 The rule of law was and remains one of Singapore’s foundational principles.  As a small State, Singapore’s ability to survive and thrive against the odds is in a large measure due to our insistence on applying the rule of law, both in our domestic and foreign affairs.  And as a nation that stands for the rule of law, Singapore is ready to work with members of the Security Council and all other members of the UN to strengthen the multilateral system and to strengthen our collective commitment to the rule of law, in order to build a more peaceful and secure world. 

9 Thank you very much, Mr President.

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