Statement by the Permanent Representative of Brazil to the United Nations, Ambassador Ronaldo Costa Filho, at the UNSC Open Debate on Strengthening accountability and justice for serious violations of international law - June 2nd, 2022

Mr. President, Prime-Minister Edi Rama,

First of all, Brazil would like to thank you and the Albanian Presidency of the Security Council for organizing this important debate. We would also like to thank the President of the ICJ, Judge Joan E. Donoghue, the UN High Commissioner for Human Rights, President Bachelet, and Professor Dapo Akande for their insightful participation in this meeting.

There is no peace without justice and no justice without the rule of law. For law to prevail, effective mechanisms of accountability must be in place, be they local or national ones, be they at the international level. History has shown that impunity and lawlessness are the breeding ground for genocides, crimes against humanity, war crimes and other gross violations of international human rights and international humanitarian law.

The path to more accountability runs through the intersection between the national level and the international one. At the international level, a number of institutions such as the International Criminal Court, the International Court of Justice and UN bodies like the Office of the High Commissioner for Human Rights, each within the limits of their mandates, complements the role of state institutions or acts when the international community needs to address matters that go beyond national boundaries.

Mr. President,

After lessons painfully learned, the international community developed a legal system to hold individuals accountable for such crimes. Its cornerstone is the Rome Statute regime, whose complementarity allows the ICC to provide justice in a non-selective manner within its jurisdiction, when States are unwilling or unable to act through their judiciaries. Therefore, we reiterate our call to all States to recognize the universality of the Rome Statute and fully cooperate with the ICC, especially amongst the permanent members of the Security Council.

t is always worth reminding the leading role article 24 of the UN Charter bestowed on the Security Council in the maintenance of international peace and security. There can be no peace and security where perpetrators of serious violations of international law feel free to continue carrying out atrocities.

The ICJ also plays a vital role by providing Member States with legal and preventive means to resolve their differences. Furthermore, the Office of the UN High Commissioner for Human Rights has been making an essential contribution to international peace, including by calling on States to prevent and punish human rights violations and bring justice and reparation to victims, their families and close ones.

Despite its importance, the world cannot rely solely on international bodies to counter crimes and other acts against international human rights law and international humanitarian law.

Mr. President,

Our collective humanitarian effort to assist those in acute need continues to face old and new challenges, while old and new crises bring us to an unprecedented situation on the humanitarian front. More than 100 million people have been forced to abandon their homes, and more than 303 million people are in need of humanitarian assistance – a 10% rise compared to December 2021.

States still bear the primary responsibility to provide justice and protect people from the effects of armed conflict. In this task, besides prosecuting those responsible for violations and paying attention to the victims’ needs, they must address the root causes of violence and devote sustained efforts to the prevention of conflict. To this end, they must engage with civil society. This is necessary not only to build trust, but also to make governmental action more effective, especially when it comes to vulnerable groups.

States must also abide by the several instruments the international community enshrined in law to cope with hostilities when they regrettably break out. As the Secretary-General concluded in his May report on the protection of civilians in armed conflicts, compliance with international human rights law and international humanitarian law significantly contributes to the prevention and alleviation of human suffering. The choices we make nationally and as Member States to the UN, particularly when we have a seat on the Security Council, are decisive in the search for more accountability in the international sphere.

Humanitarian solutions should be able to create the conditions for increased dialogue on practical measures to minimize human suffering in the field. We are convinced there must be no politicization of humanitarian messages nor the selective application of international humanitarian law. Ensuring adequate support to coordinated efforts that help alleviate the suffering of millions of civilians worldwide remains an essential dimension of the struggle to bring about lasting, peaceful solutions to contemporary conflicts.  
I thank you.