UN justice system: the
heart of the question is whether the United Nations is built on a
political or judicial conscience
25 November 2008
The UN Secretariat seems completely absorbed in other problems
and is in no way taking a keen interest in an effective reform
of the Organization’s internal justice system.
After the inception of the new justice system’s one-year deferral
to allow enough preparatory time, there is still no serious plan
for its implementation as the January 2009 deadline approaches.
The current six-decades-old UN system of administration of justice
is officially behind UN-promoted universal human rights norms ---
see the report of the Redesign Panel,
A/61/205.
There are people in turmoil and pain who are seeking help, as well
as people whose freedoms are at risk, either because of their own
conduct, or the conduct of others. And still, top officials give
the impression that they look on the ongoing efforts to reform the
UN justice system as a kind of troublesome, bothersome and
unnecessary process.
Where is the problem in recognizing rights as well as reality?
For individuals not engaged in anti-UN demagogy, a real debate on
the reform of the UN internal justice system must start at the
heart of the raison d’ętre of the Organization: is the United
Nations built on a political or judicial conscience?
The United Nations is an international body which, while not being
a government, is influential and can be given the power needed to
prevent disputes from developing into wars. When the people of the
world hear the word “United Nations” they hear the promise of a
just world.
What allows the United Nations to exist, and the reason why the
people of the world believe that the Organization is a giant step
forward in societal thinking, is a judicial conscience which has
always existed in all cultures. Rather than a global political
conscience which has never existed and, fortunately, will always
be an inapplicable rule.
Judicial conscience is founded on a commitment to upholding the
rule of law, while the political urge is never absent, not even
for a moment, from the consciouness of the legislator or the
executive. This is even truer in the UN administration, where the
Charter does not provide for a proper system of checks and balance
between legislative, executive and judiciary powers.
What we are seeing in the reform of the UN internal justice system
is a conflicting demonstration of the tension and confusion
between these two different consciences. Only by eradicating this
sickness and moving from the political to the judicial conscience
of the United Nations, the Organization can provides the kind of
equal legal treatment, that people come to expect and consider
their right.
Related
information:
A/61/205 Report of
the Redesign Panel on the United Nations System of
Administration of Justice
First UN General Assembly opens
---CBS Archives--- London, Central Hall Westminster, Jan.
10, 1946. The session is opened by the President for the
Preparatory Commission for the
First General Assembly,
Colombia's Eduardo Zuleta Angel.
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