Statement by Türkiye at the UN Security Council High-Level Open Debate on “Strengthening Accountability and Justice for Serious Violations of International Law”

Ayşe İnanç 02.06.2022
Madam President.

We thank Albanian Presidency for organizing this important and timely debate, which takes place at a moment when international law is under a heavy strain.

We also extend our appreciation to the distinguished briefers for their insightful remarks.

Madam President,

International law is foundational to the United Nations, and the Security Council has a special role to play in ensuring that it is respected.

Sadly, as highlighted by many delegations earlier today, international law continues to be severely violated around the world, particularly in conflicts, resulting in immense human suffering.

Yet, the current dynamics in the Council do not allow for a meaningful discussion on upholding international law. The issue of Ukraine is the most recent and visible example.

In discharging its responsibility, the Council acts on behalf of all Member States and must do so in accordance with the Charter. The use of the veto to protect narrow national interests in situations of mass atrocities is not in line with the spirit of the Charter.

As a result, the Council cannot adequately deliver on its primary responsibility for the maintenance of international peace and security.

In this vein, we commend the initiatives aiming to limit negative vote in case of mass atrocities by both permanent and elected members. Initiatives by France and Mexico as well as Liechtenstein on behalf of the ACT Group are steps in the right direction.

By the same token, we welcome the adoption of the General Assembly resolution entitled “Standing mandate for a General Assembly debate when a veto is cast in the Security Council” in April by consensus. Türkiye is among the main sponsors of this highly relevant resolution, which aims to provide a mechanism to ensure accountability among the UN organs in accordance with the Charter.

Madam President,

Accountability is the bedrock of the rules-based international order.

Accountability is the path to peace.

Addressing the continuing impunity is vital not only for the delivery of justice but also for preventing the recurrence of such crimes in the future.

Of course, the primary responsibility to investigate and prosecute the most serious crimes of international concern lies with the national justice systems.

However, where national judicial systems fail to tackle impunity, the international community and particularly the Security Council is responsible for taking the necessary and appropriate measures to promote and ensure accountability for international crimes of such nature.

At this point, it is worth noting the decisive steps the Council has taken in this regard in the past.

Through its resolutions establishing the International Tribunals for the former Yugoslavia, in 1993, and for Rwanda, in 1994, the Council has had an undeniable impact on the development and interpretation of international law and more specifically international criminal law.

Türkiye closely follows and fully supports the work of the successor institution that is the International Residual Mechanism for Criminal Tribunals. We are proud to have a highly qualified national serving as a judge in this legal body and we applaud the Mechanism for the remarkable progress it has made especially in 2021 towards the completion of its core judicial work. As the Security Council’s biennial review of the progress of the work of the Mechanism is approaching, we express our support for this important body in successfully continuing to carry out its mandate.

Türkiye’s voluntary financial support to the Residual Special Court for Sierra Leone, which was established pursuant to an agreement between the United Nations and the Government of Sierra Leone to address serious crimes committed during that country’s civil war, is another example of our commitment to supporting justice and accountability mechanisms.

Needless to say, we also commend the Council for creating the Independent Team to hold Da’esh accountable for its actions in Iraq -UNITAD- in 2017, with a mandate to collect, preserve and analyze evidence of Da’esh’s heinous crimes in close cooperation with the Government of Iraq and organizations already collecting such evidence.

In the instances when the Council has failed to act, however, the General Assembly has searched for alternatives, such as the creation of International Impartial and Independent Mechanism (IIIM) for Syria.

Taking this opportunity, we reiterate our full support for the IIIM mechanism, as well as all other international mechanisms that document and investigate the war crimes, crimes against humanity and violations of international humanitarian law committed on a daily basis in Syria by the regime as well as by terrorist organizations.

Likewise, we support the Independent Investigative Mechanism for Myanmar, which was established in 2018 by the Human Rights Council.

These mechanisms are solid examples of the international community’s commitment to accountability and they can constitute best practices that could be replicated in relation to documenting serious violations of international law and identifying the perpetrators of international crimes.

As I conclude, Madam President, I would like to emphasize that safeguarding and promoting international law, as well as working to ensure its progressive development to address and tackle global needs and challenges, has been a key foreign policy priority for Türkiye. We have also been contributing to these efforts through the presence of a distinguished national serving as a Member of the International Law Commission.

Türkiye will continue to play its role in global and regional efforts to uphold the rule of law and ensure accountability, both of which lie at the core of international peace and security.

I thank you.