EU Statement – UN General Assembly: Report of the International Court of Justice

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EU Statement - UN General Assembly: Report of the International Court of Justice

24.10.2024 Press and information team of the Delegation to the UN in New York

24 October 2024, New York - Statement on behalf of the European Union and its Member States by Mr. Thomas Ramopoulos, Counsellor, Delegation of the European Union to the United Nations, at the 79th Session of the United Nations General Assembly on the Agenda item 73: "Report of the International Court of Justice"

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Mr. President,

I have the honour to speak on behalf of the European Union.

The Candidate Countries Montenegro*, Albania^*, Ukraine, the Republic of Moldova, Bosnia and Herzegovina^*and Georgia, as well as Monaco and San Marino align themselves with this statement.

Let me first thank President Salam for presenting the report to the General Assembly on the activities of the International Court of Justice between 1 August 2023 and 31 July 2024. I wish to congratulate him on his election earlier this year as well as Judge Sebutinde on her election as Vice-President. The same goes for Judge Charlesworth on her re-election as a member of the Court, as well as Judges Aurescu, Cleveland, Robledo, and Tladi on their appointment as new members of the Court.

The EU would like to assure all members and staff at the Court of our deepest appreciation for the steadfast commitment to delivering justice and to express our unwavering support for your crucial work.

Mr. President,

Your report confirms, once again, the indispensable role that the Court plays in upholding the rule of law at the international level.

Allow me to highlight a few remarkable findings:

• States parties to pending contentious cases are spread across all continents;
• 134 States are involved in different capacities in contentious and advisory proceedings combined before the Court;
• 116 States and several international organisations are involved in advisory proceedings;
• With four new contentious cases and one request for an advisory opinion, the Court's General List keeps increasing and has now reached 23 pending cases;
• These cases cover a broad range of fundamental issues of international law.

The increase in the Court's caseload means that there are more and more disputes submitted to its jurisdiction, which proves the trust of States in the capacity of the Court to settle disputes that arise in today's fragmented world. At the same time, it confirms the centrality of the Court in the peaceful settlement of these disputes at international level.

The level of participation, the geographical spread, and the increasingly wide variety of the cases before the Court speak to the universal and general character of its jurisdiction.

In the same vein, we note the call from the General Assembly upon "States that have not yet done so to consider accepting the jurisdiction of the International Court of Justice in accordance with its Statute" (resolution 78/112 of 7 December 2023).

Mr. President,

The Court's role in the maintenance or restoration of international peace and security through the peaceful settlement of disputes can be effective only if the parties to such disputes abide by the Court's rulings. We thus reiterate our call to all States that submitted their disputes to international adjudication to the Court to comply with its judgments and orders.

In this respect, we continue to deplore that the binding orders on provisional measures issued recently by the Court remain unimplemented.

The European Union takes note of the Court's judgment of 2 February 2024 on jurisdiction in the case between Ukraine and Russia concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide. It allows the Court to look into the merits in this case, focusing on the false allegation of genocide levelled against Ukraine prior to Russia's illegal fullyfledged invasion starting in February 2022.

As regards advisory proceedings, we took note of the Advisory Opinion of 19 July 2024 concerning Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. We are currently assessing its implications for the EU and its Member States.

As regards the Obligations of States in respect of Climate Change, the EU was pleased to be able to submit written statements; we also intend to make oral statements at the hearings and look forward to the Court's Advisory Opinion in this matter of utmost importance for the whole world and for the present and future generations.

More generally, we would like to underline the importance and usefulness of engaging the Court through advisory proceedings. Despite their non-binding nature, advisory opinions contribute to the clarification and development of international law and thereby to the strengthening of peaceful relations between States.

Mr. President,

Supporting the principles of international law and of the UN Charter is among the core objectives of the EU's foreign policy. As a matter of long-standing practice, the Court of Justice of the European Union refers regularly to the jurisprudence of the ICJ in order to interpret and apply international law within the Union's legal order.

Mr. President, let me conclude.

Now more than ever, we need to stand by the rules of international law and prioritise the peaceful settlement of disputes and justice. As the principal judicial organ of the United Nations, the International Court of Justice has an increasingly important role to play, through its authoritative decisions and advisory opinions, for the promotion of international peace and justice globally. The European Union hereby reaffirms its unwavering support to the International Court of Justice and its commitment to actively contribute to its work.

I thank you.

*Montenegro, Albania and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.