INTERNATIONAL COURT OF JUSTICE (ICJ) PRESIDENT

UNCLAS SECTION 01 OF 03 USUN NEW YORK 001022 SIPDIS E.O. 12958: N/A TAGS: KJUS UNSC UNGA SUBJECT: INTERNATIONAL COURT OF JUSTICE (ICJ) PRESIDENT BRIEFS SECURITY COUNCIL REF: STATE 111379 ¶1. (U) SUMMARY: On Thursday, October 29, President Owada of the International Court of Justice (ICJ) addressed the Security Council. (The President of the ICJ has addressed the Council annually since 2000.) Owada provided an overview of the work of the Court over the past year. All members of the Security Council intervened following Owada's statement, generally expressing support for the work of the ICJ and satisfaction with the increased workload and efficiency of the Court. Ambassador Wolff delivered a statement per reftel, conveying strong support for the ICJ and other mechanisms which prevent threats to international peace and security. He further expressed the importance the United States attaches to the role of international law in the international system. END SUMMARY. President Owada's Statement -------------- ¶2. (U) Owada noted the important role that the Security Council and the ICJ play in the pacific settlement of disputes, and recalled articles 33 and 92 of the Charter which encourage judicial settlement of disputes and name the ICJ as the principle judicial organ of the UN. He also noted that the ICJ should refer cases of non-compliance to the Security Council. Owada emphasized the Security Council's role under resolution 1887 as the body primarily responsible for addressing nuclear threats, nonproliferation and nuclear disarmament. ¶3. (U) Owada discussed several contentious cases recently before the Court, including Georgia v. Russian Federation regarding racial discrimination and several cases involving the Democratic Republic of the Congo. He also noted that requests for provisional measures have increased in a number of cases (including Georgia v. Russian Federation and the Avena case). Owada noted that Security Council resolutions 827 and 955 that formed the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Tribunal for Rwanda (ICTR) helped bring rapid change to the notion of individual accountability and helped to build a bridge between criminal responsibility and lasting peace and international justice. ¶4. (U) In resolution A/RES/63/3, the General Assembly (GA) submitted a request for an advisory opinion on the question: Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law? Though the issue is the subject of constant consideration by the Security Council, Owada noted that the GA has the power to seek guidance on international legal matters. Fourteen Member States have submitted written interventions and more than 30 parties will participate in oral arguments for this case, scheduled for 1-11 December 2009. Security Council Member Interventions -------------- ¶5. (U) All Council members made interventions. France noted that the ICJ contributes to principles of international law and can aid the maintenance of international peace and security. Japan and Croatia also indicated their support for the Court. Croatia remarked on the ICJ's unique place, owing to its universal character and general jurisdiction. Turkey noted that peace and justice are complementary elements, so the role of the ICJ is extremely important. Turkey also noted that new and evolving threats require wider and more effective cooperation between the Security Council and the ICJ. Uganda offered its support for the Court, its attempts to improve efficiency, and its staffing requests. Vietnam noted the Court's heavy workload, including provisional matters waiting to be considered. Vietnam said that all USUN NEW Y 00001022 002 OF 003 activities of the ICJ should be aimed at promoting the rule of law and wider awareness. ¶6. (U) Mexico reiterated the need for close cooperation between the Security Council, the ICJ and other organs in the UN system and said that peaceful settlement of disputes is crucial and therefore it is necessary to focus on recommending appropriate disputes to the ICJ. Mexico expressed satisfaction with the General Assembly resolution to refer the Kosovo situation to the ICJ for an advisory opinion but stated that the Security Council should use its power to institute compliance with the advisory opinion. Mexico emphasized the need for all parties to a case to fully respect the decisions of the Court. ¶7. (U) China welcomed Owada and congratulated him on his election. China noted that the peaceful settlement of disputes is necessary for international peace and security and expressed support for the ICJ as a means of maintaining the lasting peace of the world. However, China warned that the ICJ should be cautious and stick to basic norms of international law and the UN Charter. The increased workload of the Court indicates increased trust in the Court from the international community. China indicated its support for the ICJ's request for increased staff and hopes for settlement of the issue of remuneration. ¶8. (U) Russia noted the political sensitivity of some new ICJ cases and credited the Court for its successful resolution of the Black Sea case, Avena and Costa Rica v. Nicaragua. Russia also noted the potential for a strong political component in ICJ cases, but expressed its intention to continue participating in hearings on Georgia v. Russian Federation. Russia noted that it is party to an ICJ case involving Georgia and expressed strong views on Georgia's role in the conflict at issue. Russia also noted the need for the ICJ to balance international legality and the impartial discharge of its duties, including clearly defining its competence. ¶9. (U) The UK stressed the importance of the Security Council being informed of the work of the Court. While the ICJ is in demand in all corners of the world, the UK emphasized that the Court would be enhanced if more Member States accepted the compulsory jurisdiction of the ICJ. The UK assured Owada of its full support. Austria also called on other States to accept the compulsory jurisdiction of the ICJ. Austria expressed its support for the ICJ and the need to recognize the Court's role by placing adequate resources at its disposal. Austria observed that it has been more than 60 years since the Security Council has referred a matter to the ICJ and more than 40 years since it has requested an advisory opinion. ¶10. (U) Libya welcomed Owada and thanked him for the briefing and for his performance on the Court. Libya noted that States look to the Court for expertise and transparency, including in a number of cases over natural resources. Libya said that it resorts to the ICJ more than many other States and has a history of compliance with the Court's orders and said that it therefore reaffirmed its support for the Court. ¶11. (U) Burkina Faso noted that it has accepted the jurisdiction of the ICJ and indicated that the extensive activities of the Court (including both judgments and orders) signal a greater openness of Member States to the Court. This openness, Burkina Faso said, is to be welcomed because it makes States less likely to resort to force in resolving disputes. ¶12. (U) Costa Rica reiterated its domestic history of support for the peaceful settlement of disputes and its long history of support for the UN. Costa Rica said that it sees the ICJ as a first order recourse and that its effect has not simply been rhetorical, but has made differences in legal issues. Costa Rica also indicated that it was recently USUN NEW Y 00001022 003 OF 003 involved in an ICJ case with Nicaragua over navigation rights and noted that Costa Rica has recognized the independence of Kosovo. Rice