Statement by the Permanent Representative, Ambassador Ronaldo Costa Filho, during the UN Security Council 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” - January 12th, 2023

Mister President,

I would like to thank the Japanese presidency for organizing a debate on such a pressing topic on the international agenda. I would also like to thank the Secretary-General, the President of the International Court of Justice and Professor Dapo Akande for their insightful remarks.

The rule of law among nations is the basis for the successful pursuit of the goal of maintaining international peace and security. It is not by accident that the rule of law features prominently in the UN Charter and is the object of landmark UN documents, such as the 1970 Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States.

Article 2(4) is commonly regarded as one of the most important provisions of the UN Charter, as it states the primacy of international law over force. It is worth recalling the history behind the fundamental principle of the prohibition of threat or use of force, especially in face of unilateralism and unlawful military interventions that have marked the last decades.

This principle, alongside with the juridical equality of States, emerged after the two Hague Peace Conferences, in 1899 and 1907. Latin American States made a decisive contribution to the outcome of those conferences and to the wide recognition of these principles. Brazil is proud of the Latin-American legacy to international law and, in particular, of the role played by the Brazilian internationalist Ruy Barbosa, who firmly promoted the principle of equality among states.

The prohibition of the use of force is considered to be a "jus cogens" norm and, thus, leaves no room for derogation, neither by treaty nor by unilateral acts. No rights could ever arise from its violation. The only exception to this prohibition - the right to individual or collective self-defense enshrined in article 51 of the Charter - must be interpreted in a restrictive manner, as already decided by the International Court of Justice.

Any aggression against a sovereign state, any individual or collective use of force without this Council´s approval, or the use of unilateral coercive measures are all expressions of disregard for the norms and principles of the UN Charter.

International law alone cannot prevent conflict that requires the commitment of all countries. Tragically, we are witnessing the return of interstate conflicts. The conflict in Ukraine, for example, confronts us with the harsh reality that if the international community does not decisively engage in good faith towards the cessation of hostilities and negotiations towards peace more instability will follow. Concerns about food security have risen especially among developing countries. Only collective action has been able to avoid crises.

Brazil recalls paragraph 14 of resolution ES-11/1, the first one to be adopted by the general assembly after the enaction of the "uniting for peace" mechanism to the situation in Ukraine, which urges the immediate peaceful resolution of the conflict between the Russian Federation and Ukraine through political dialogue, negotiations, mediation and other peaceful means.

Mister President,

The declaration adopted in the 2012 high-level meeting of the General Assembly on the rule of law at the national and international levels recognized the rule of law as "the foundation of friendly and equitable relations between States and the basis on which just and fair societies are built". It acknowledges that the rule of law at the international level requires not only a peaceful coexistence between subjects of international law, but also their coordination and cooperation towards a just and fair order based on international law.

Let´s not forget that SDG 16 is closely related to the idea of rule of law, not only domestically, but also internationally. One of its targets is to broaden and strengthen the participation of developing countries in the institutions of global governance. Strengthening the rule of law in the UN largely depends on reforming the organization, in order to make it fit for purpose.

Despite the overwhelming support of the membership for the reform of the Security Council, little progress has been made in the last 57 years. The lack of representativeness of the Council becomes more and more acute, thereby affecting its ability to uphold the rule of law among nations and, consequently, to discharge its primary responsibility, the maintenance of international peace and security. A reform that encompasses the enlargement in both categories of seats and the review of its working methods is urgent. We highlight that there will be no full respect to the rule of law among nations if the developing countries are not permanently represented in the decision making process in the field of peace and security.

Mister President,

International justice also plays a crucial role in keeping the rule of law among nations. Brazil calls upon all Member States to fully cooperate with the International Court of Justice in line with Article 94 of the Charter. In the same vein, as a founding member of the International Criminal Court, Brazil supports the work of the Court to promote accountability at the international level, under the principle of complementarity. We take this opportunity to invite those members that are not yet parties to the Rome Statute to ratify or accede to it and by doing so to contributing to the realization of international justice.

Brazil will continue to advocate for the peaceful settlement of disputes and the equality among states, principles inscribed in our national Constitution. A genuine and lasting peace can only be achieved through the respect of the international norms and principles that guide contemporary international relations.