Statement by Mr Gerard Van Bohemen, International Legal Adviser, New Zealand Ministry of Foreign Affairs and Trade on Item: 73: Report of the International Court of Justice
1 November 2007
(As Delivered)
Madame President,
On behalf of Canada, Australia and New Zealand, I would like to thank the President of the International Court of Justice, Judge Rosalyn Higgins, for her excellent report on the work of the Court over the past year.
CANZ continues to support strongly the Court in its role as the principal judicial organ of the United Nations.
This year the International Court of Justice has had a full caseload that is notable not only for the regional diversity of parties, but also for the increasing diversity of subject matter. It is encouraging that there is a growing interest of States in using the Court to resolve issues that go beyond ‘classic’ disputes such as maritime delimitation to matters such as questions of environmental law and violations of human rights.
That has been illustrated this year by the case concerning the application of the Genocide Convention. As President Higgins has just noted, this is the first case in any court in which allegations of genocide have been made by one State against another. Such cases illustrate the value of the Court’s contribution to international peace and security and the development of important issues of international law.
CANZ recognizes that the Court will have a similar caseload in the coming year. As President Higgins has reported, the Court will have the advantage that it has effectively cleared its backlog of hearings. We commend the Court for this achievement and for the positive steps it has taken for increased efficiency through practice directions and meetings for strategic planning. We recognize nonetheless that adequate resources are required to enable the Court to handle cases in a timely fashion. We therefore support consideration of measures to meet this goal.
Madame President,
We have listened carefully to President Higgins’ concerns relating to the impact of General Assembly resolution 61/262 on the salaries of the judges of the Court. We understand this is a matter of importance to the judges of the Court. CANZ is ready to discuss these issues further during the sixty-session session.
The launch this year of the improved ICJ website is a welcome development. With a searchable database of every decision since 1946, the website is an excellent resource that will greatly benefit judges, media, scholars, and the general public worldwide.
The ICJ plays a vital role in the peaceful settlement of international disputes and in strengthening the international legal order as mandated by the Charter of the United Nations. Wider acceptance of its compulsory jurisdiction enables the Court to fulfill its role more effectively. Accordingly we continue to urge Member States that have not done so to deposit with the Secretary-General of the United Nations a declaration of acceptance of the Court’s compulsory jurisdiction.
Thank you,
Madam President