A/HRC/22/26
High-level meeting on the rule of law at the national and international levels
4.
On 24 September 2012, following on its resolution 65/32, the General Assembly
convened a high-level meeting on the rule of law at the national and international levels. In
addressing Member States at the high-level meeting, the High Commissioner underscored
the importance of the rule of law as the backbone of legal protection of human rights, and
recalled the four main components of the rule of law, namely legality, equality,
accountability and participation. She also highlighted the critical importance of national
ownership of rule of law principles. States must embrace nationally what they have
committed to internationally by ensuring that international norms and standards are the
foundation of the rule of law at the national level, including in their efforts to prevent and
counter terrorism.
5.
At the high-level meeting, Heads of State and Government adopted a Declaration on
the rule of law at national and international levels, 1 which sets out a common understanding
of definitional elements and the scope of the rule of law. Importantly, the Declaration
recognizes that the rule of law applies to all States equally, as well as to international
organizations, including the United Nations and its principal organs. It underscores that
respect for and promotion of the rule of law and justice should guide all of their activities
and accord predictability and legitimacy to their actions.
6.
The commitments reflected in the Declaration all have an important bearing on
efforts to prevent and counter terrorism, including a specific reaffirmation that all counterterrorism measures must be in compliance with the obligations of States under international
law, in particular human rights law. In this regard, the Declaration reinforces the
commitments made by Member States under the Global Counter-Terrorism Strategy.
7.
Many Member States and Observers used the occasion of the high-level meeting to
make specific, time-bound, voluntary pledges,2 either individually or jointly, spelling out
concrete steps that they would take to advance the rule of law. The list includes pledges
towards, inter alia: the ratification of international human rights and other treaties;
strengthening rule of law-based criminal justice systems; support for the International
Criminal Court; the incorporation of international crimes into national legislation;
improving the international framework on mutual legal assistance; improving access to
justice for disadvantaged groups, including through greater access to legal aid; ensuring
accountability for human rights violations and crimes; combating corruption; support for,
and protection of, the human rights of victims; and strengthening of the administration of
justice. Many of these measures would contribute in important ways towards strengthening
the effectiveness of a rule of law-based, criminal justice approach to countering terrorism,
in compliance with human rights.
8.
Through the Declaration, Member States have urged the Security Council to
continue to ensure that sanctions are carefully targeted, in support of clear objectives and
designed carefully so as to minimize possible adverse consequences, and that fair and clear
procedures are maintained and further developed. A number of States have also voluntarily
pledged specifically to submit to the Security Council concrete suggestions on ways to
strengthen the United Nations sanctions system by further improving fair and clear
procedures, especially with regard to enhancing the scope and mandate of the
Ombudsperson procedure. The High Commissioner has consistently advocated for a
sanctions regime, including any procedure for listing and de-listing, that is transparent,
1
2
4
A/RES/67/1.
Some of these pledges draw on recommendations made by the Secretary-General in the programme of
action detailed in “Delivering justice: programme of action to strengthen the rule of law at the
national and international levels” (A/66/749).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents