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Assemblea Generale – Riunione Plenaria sul Rapporto della Corte Internazionale di Giustizia

Discorso pronunciato dal Direttore per gli Affari Legali Internazionali del Ministero degli Affari Esteri e della Cooperazione Internazionale, Min. Plen. Andrea Tiriticco, alla Riunione Plenaria dell’Assemblea Generale sul Rapporto della Corte Internazionale di Giustizia —

Thank you, Mr. President.

I wish to thank the President of the International Court of Justice, Judge Abdulqawi Ahmed Yusuf, for his address to the Assembly today, which highlighted the abundance of case law in the Court over the past year and the growing contribution of the Court to the affirmation of the rule of law in international relations.

For Italy, the option of judicial scrutiny of State activities is an essential feature of any system based on the rule of law. At the international level, the peaceful settlement of disputes is an obligation for States. Clearly set out in the Charter of the United Nations, it is a core value of the international community. In this context, it is essential to seek judicial settlement through the Court, the principal judicial organ of the United Nations. Resorting to a judicial mechanism is a solid and serious option for States that believe in an international community grounded in international norms. In 2014, Italy accepted the compulsory jurisdiction of the Court under Article 36 of the Statute, and we encourage others to do the same. The fact that the Court docket currently holds 16 pending cases and 1 case currently under deliberation attests to the enduring relevance of the principal judicial organ of the United Nations and of the forward-looking spirit that animated the drafters of the UN Charter almost 75 years ago.

At the same time, as the international community expands to include new stakeholders and a more complex network of legal relations, we must recognize the growing call for the primacy of a set of principles. These principles should constitute the pillars of peace and stability in this new and changing world order. One such fundamental principle emerging in international law is the inalienable right to human dignity. It draws its strength not only from the virtue of universality, but also from the recognition granted by States, whether through their constitutions or by consolidating domestic jurisprudence. In this perspective, we wish to share our vision that State sovereignty and legitimate States’ prerogatives under international law should always be reconciled with the need to safeguard human dignity and fundamental human rights. Italy is confident that this vision will continue to be reflected in decisions and judgments of the Court.

Thank you, Mr. President.