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Rule of international law makes leap forward

Prakash M. Swamy

IN AN unprecedented treaty-signing ceremony throughout the three-day UN Millennium Summit, some 40 instruments of international law were signed, ratified, or acceded to by the leaders of at least 85 countries, in an action that significantly a dvanced the rule of international law.

EM>Altogether there were more than 300 different actions on treaties, conventions and additional protocols that ranged from the defence of human rights through measures to circumscribe the use and proliferation of deadly weapons to the protection of the environment. The UN Secretary-General, Mr Kofi Annan, told the attending heads of state in his closing statement that by their actions they had ``reaffirmed the vital importance of international law, which is the common language of our international comm unity.'' In their Millennium Statement, adopted at the conclusion of the Summit, the member-states resolved to ``strengthen the rule of law in international as in national affairs.''

EM>The UN High Commissioner for Human Rights, Ms Mary Robinson, said, in a statement, that ``ratification of treaties will be the first indicator of state willingness to embrace a rights-based order in the new millennium.''

EM>By far the largest number of signatures went to two new optional protocols to the Convention on the Rights of the Child, each of which received close to 50, as well as ratifications. The protocols seek to prevent children under 18 from participating i n armed conflict, and to eliminate the sale of children, child prostitution and child pornography.

EM>Mr Annan said the protocols ``seek to protect children from abuses that bring shame to all humankind.'' He welcomed the signature as a ``sign that humankind is coming together, at last, to put an end'' such abuses. Another new human rights protocol, t he Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women, received 16 signatures and was ratified by four countries. The total number of ratifications is now just one less than the 10 required to bring the pr otocol into force. The protocol will allow individuals who feel their rights under the Convention have been violated to petition the Convention Committee directly.

EM>In its statement, the Office of the UN High Commissioner for Human Rights said that ``the Millennium Summit initiative has been stunningly successful in speeding up signature and ratification of the three newest human rights treaties.'' One of the fir st pillars of international humanitarian law, the International Covenant of Civil and Political Rights, was further strengthened during the three days, as several countries added their names. The Covenant, which forms part of the ``International Bill of Human Rights,'' defends basic human rights such as freedom from torture, enslavement and arbitrary detention, and freedom of movement expression and association. The advent of the International Criminal Court drew nearer as 12 countries signed the Rome S tatute, under which the Court will be established, and ratified by four. The Statute now has a total of 110 signatures and 19 ratifications. The Statute will enter into force following the 60th ratification.

EM>Among the many other treaties that were bolstered by international support, there were several treaties on the protection of the environment, including the Kyoto Protocol to the UN Framework Convention on Climate Change, which seeks to limit the emiss ions of greenhouse gases. In addition, actions were being taken on a number of conventions and treaties concerned with the suppression of terrorism, nuclear testing, landmines, chemical weapons and other weapons that have excessive or indiscriminate effe cts.