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Mr. President,

I am honoured to speak on behalf of the European Union and its Member States.

The Candidate Countries the former Yugoslav Republic of Macedonia*, Montenegro^* and Albania^*, as well as Ukraine, the Republic of Moldova and Georgia, align themselves with this statement.

First, I would like to commend Poland for holding this open debate on this crucial topic, at a moment where the international situation poses increasing challenges to the fundamental principles underlying the UN Charter, and in particular respect for international law and the rules-based international order.

Let me recall from the outset that, according to its founding treaties, one of the main objectives of the European Union's external action is to contribute to the observance of the principles of the Charter of the United Nations, including support for the rule of law and the principles of international law, as well as the preservation of peace and the strengthening of international security, including through the peaceful settlement of disputes.

These core objectives of the EU are also reflected in its Global Strategy for the EU's foreign and security policy adopted in 2016. The EU's Global Strategy indeed identifies the Integrated Approach to external conflicts and crises as one of its priorities, which strongly resonates with the overall UN agenda. It requires the EU to further strengthen the way it brings together institutions, expertise, and instruments, and to work with its Member States on prevention, peacebuilding, crisis response and stabilisation in order to contribute to sustainable peace.

Regarding the peaceful settlement of disputes, the EU and its Member States support all means of peaceful settlement of disputes referred to in the UN Charter. We would like to see the Security Council continue on a more systematic basis its practice of holding early discussions on situations at risk of violent conflict, with a view to identifying the possibilities of early collective action to prevent violence. In this regard, in situations where Security Council action could act to prevent or stop violence, it should do so. In particular,, members of the Security Council should not vote against a credible draft resolution on timely and decisive action to end the commission of genocide, crimes against humanity, or war crimes, or to prevent such crimes. In the same vein, the Council could strive to make greater use of the possibility offered by Article 34 of the Charter to investigate any dispute, or any situation which might lead to international friction or give rise to a dispute. The EU and its Member States stand ready to contribute to this process by establishing a regular informal dialogue with the Security Council and its members to explore ways to collaborate better in the early identification of crises and examine ways in which the EU could contribute to UN action decided upon by the Council under Chapter VI of the Charter, and to share its own experience as regards the peaceful settlement of disputes and upholding international law in the framework of EU crisis management operations.  An example of such informal dialogue between the EU, its Member States and the members of the Security Council was the recent EU-UN seminar on sanctions held at the EU Delegation in March of this year. Such a format could also be used to discuss the questions set out in the concept paper for this debate.

The UN Convention of the Law of the Sea also provides a pre-eminent contribution to the strengthening of peace, security, cooperation and friendly relations among all nations. The Convention is recognised as the constitution of the oceans, reflecting also customary international law and the EU and its Member States urge all States to abide by its provisions. All states must refrain from actions which are in violation of article 2(4) of the UN Charter prohibiting the threat or use of force.

Turning to the question of strengthening compliance with international obligations critical for the maintenance of international peace and security, the EU and its Member States would like to recall that the Rule of Law components within United Nations peace keeping operations play a crucial role in integrating the promotion of justice and rule of law, including respect for human rights and international humanitarian law, in the States where they are deployed. Clear and comprehensive mandates as well as appropriate means are vital for the success of these rule of law components.  The Council should, working with other parts of the UN system, in particular the Peacebuilding Commission, the rule of law Coordination and Resource Group, and the Rule of law Unit, pay particular regard to ensuring the sustainability of rule of law assistance measures after the termination of a UN operation. The EU currently deploys 10 civilian missions which operate in the framework of strengthening the rule of law in their respective host States. It is worth mentioning that in theatres where both UN peace keeping operations and EU missions are present like, Mali, Libya, Kosovo[i] and Somalia, cooperation takes place across the board,. We would also like to encourage the Security Council to support the Geneva Intergovernmental Process on strengthening respect for international humanitarian law. On its part, and in order to promote compliance with international human rights law and international humanitarian law in a visible and consistent manner, the EU has developed operational tools in form of guidelines on human rights and international humanitarian law.

As regards the most effective responses to flagrant violations of international law upon international peace and security, the EU and its member States would stress the need to comply with the UN Charter and UNSC Resolutions adopted under Chapter VII of the Charter. The UN Security Council has a duty to act when necessary to restore international peace and security, which it has sadly failed to do in certain situations. We are of the view that relevant resolutions of the Security Council, including resolutions imposing targeted sanctions, should more systematically, as applicable contain language regarding respect for international human rights law and international humanitarian law. When it comes to listing and delisting decisions, fair and clear procedures are important for the legitimacy of Security Council targeted sanctions. The EU urges the Secretary-General, in accordance with Resolution 1904 (2009) to swiftly appoint an Ombudsperson for the ISIL/Daesh Al Qaida Sanctions Committee, a post which has been vacant for over 9 months. The longer this vacancy lasts, the more likely it is to undermine trust and confidence in Security Council sanctions and jeopardize progress made over many years in establishing and implementing fair and clear procedures for sanctions.

We would also like to stress the need to ensure respect for international law, including humanitarian, human rights and refugee law, as a fundamental basis of the fight against terrorism. Relevant Security Council resolutions have underscored that respect for human rights, fundamental freedoms and the rule of law and countering terrorism are mutually reinforcing objectives.

On the question of accountability for serious violations of international humanitarian law and human rights law, the EU believes in strengthening international courts, tribunals and mechanisms which serve this purpose as well as the promotion of the rule of law, especially in conflict and post conflict situations. In our view, peace and justice go hand in hand.

We are of the opinion that the inability of the Security Council to take action regarding situations such as that in Syria, including referring them to the ICC, seriously undermines the credibility and legitimacy of the United Nations.

The EU and its Member States have from the beginning supported the International Criminal Court in its work and continue to encourage the widest acceptance of its jurisdiction. We also believe that when the UN Security Council makes a referral to the ICC, the Council should demonstrate support for the ICC in instances of non-cooperation with the Court by States and apply consistently and rigorously its own guidelines on contacts with persons who are the subject of arrest warrants or summonses. In looking ahead to the 20th anniversary of the Rome Statute, we would like to note the activation of the International Criminal Court’s jurisdiction over the crime of aggression as of 17th July.

In a world faced with increasing and complex challenges to international peace and security, our working methods need to evolve accordingly. Through addressing situations earlier, in a more coherent, integrated manner, and mobilising the entire toolbox at our disposal, we can help transform our approach to conflicts and crises and in this vein further empower the Security Council in fulfilling its core mandate.

The European Union and its Member States stand ready to assist the United Nations and the Security Council in this process.

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* The former Yugoslav Republic of Macedonia, Montenegro, Serbia and Albania continue to be part of the Stabilisation and Association Process.

[i] This designation is without prejudice to positions on status, and is in line with UNSC 1244 and the ICJ Opinion on the Kosovo Declaration of Independence