Ministerial Panel Discussion: Preventing and ending atrocity crimes: a key challenge for the UN Security Council. Canciller Manuel A. González Sanz

Excellencies,

Distinguished delegates,

Ladies and gentleman,

It is my great pleasure to be here today talking about this important topic of atrocity crimes, especially from a preventive point of view.

Now more than ever, State and Non-State actors threaten populations and make decisions to disregard their obligations and protection responsibilities. Violent extremists use new technologies to spread and incite hate, violence, terror and recruit new followers, but the international community does not act as fast as extremists do to stop violence during its early stages.

We now know that the principle of Responsibility to Protect (R2P) has informed more than 50 resolutions of the United Nations Security Council and has been incorporated directly into the mandates of most of the United Nations peace operations which call for the protection of civilians.

Nevertheless, political divisions within the Security Council are preventing the Council from decisive action to prevent and to respond to threats. Security Council Members, whether permanent or elected, have the responsibility to uphold the Charter and serve the populations that they are mandated to protect by “ensuring PROMPT and EFFECTIVE action in its primary responsibility for the maintenance of international peace and security.” 

We are firm believers that accountability for mass atrocity crimes is one of the best ways to prevent their recurrence. And in this regard, if the State is either unwilling or unable, the International Criminal Court should have a key role in bringing about accountability and the fight against impunity. In this context States Parties to the Rome Statute should show their unaverred support for the Court and must cooperate and comply with its decisions.

Costa Rica as a member of the Accountability, Coherence and Transparency Group (ACT) is honored that the Code of Conduct regarding the Security Council action against genocide, crimes against humanity and war crimes was elaborated within the framework of ACT Group, lead by Liechtenstein.  This code was made in consultation with Member States, civil society and the United Nations Secretarial.

The official launch on this Code was on 23 October 2015, on the occasion of the seventieth anniversary of the United Nations, with the support of 107 Member States. Today the code counts with 112 supporters. Nevertheless our goal is to achieve the support of 129 Members (2/3 of the United Nations Membership).

The code is not only for permanent members of the Security Council but for any member of the Council and the Secretary-General could serve as an important authority bringing any particular situation to the attention of the Council. This is a moral and political tool that aims to increase the credibility and legitimacy of both the Security Council and the United Nations in general.

The next steps in the short term is to ensure the application of the Code of Conduct to the Security Council and to increase the number of Member States committed. Costa Rica has the firm compromise to vote only for Member States that have subscribed the Code of Conduct when they run to be elected as members of the Security Council.  We believe that nowadays it is key to discuss what kind of information on the ground and sites of conflict do Security Council members have on in order to asses the implementation of the Code.  We should ask ourselves and have very clear what triggers the Code and what kind of information is needed from the Secretariat so elected members can act upon.

We firmly believe that the Code of Conduct marks the beginning of a broader culture of political accountability and transparency. The United Nations and the humankind need a Security Council that is able to act timely and decisively to prevent or end the commission of genocide, crimes against humanity and war crimes. As well as a Secretary General that remains vigilant and bring situations involving genocide, crimes against humanity or war crimes to the attention of the Security Council, or to individual Council members.

We are convinced that when we realize that no society is immune to atrocity crimes, and that we all bear the responsibility to protect our populations and to maintain peace within our borders, through prevention and early warning mechanisms, we will be in a greater capacity to help other states in addressing this scourge. The principle of sovereignty cannot be used to disregard the primary responsibility each of the United Nations Member States has in protecting its own population.   Costa Rica will continue engaging in all the processes, dialogues and initiatives necessary to prevent and condemn any of such atrocities.

Thank you.