Joint Nordic Statement on the Report of the International Court of Justice

Check Against Delivery

Mr. Chair,

I have the honour to speak on behalf of the five Nordic countries, Finland, Iceland, Norway, Sweden and my own country, Denmark.

Let me first thank President Joan E. Donoghue for the report of the International Court of Justice, covering the period from 1 August 2022 to 31 July 2023.

The Nordic countries attach great importance to the International Court of Justice, the principal judicial organ of the United Nations and would like to use this opportunity to commend the work of the Court and emphasize the importance of the Court’s role in the international legal order. The Court plays a central role in the fulfilment of the commitment of the Member States of the United Nations to the peaceful settlement of international disputes and the rule of law in global affairs. The Court has earned a solid reputation as an impartial and independent institution with the highest legal standards and consistent jurisprudence – truly a World Court.

During the reporting period now under review, the Court has once again experienced a high level of activity with cases of a wide geographical spread concerning a variety of legal issues, including territorial and maritime delimitation, human rights, reparation for internationally wrongful acts, environmental protection, the jurisdictional immunity of States, and the interpretation and application of international treaties and conventions concerning, among other things, diplomatic relations, the elimination of racial discrimination, the prevention of genocide, the suppression of the financing of terrorism, the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, and the safety of civil aviation.  Not only have five new contentious cases been submitted to the Court this year, but also two requests for advisory opinions.  

 The submission of a dispute to the Court is an act to fulfil the obligation of all States to settle their disputes peacefully. There are 20 cases pending before the Court at the moment, seven of which were initiated between September 2022 and September 2023. This shows that the Court’s continued contribution to peaceful settlement of disputes is of great value and much in demand.

This is also testament to the trust States are placing on the Court. This in turn attests to States’ strong commitment to the rule of law, peaceful settlement of disputes and to the maintenance of international peace and security.

To maintain this trust, it is paramount that the Court adheres to the effective, impartial and good administration of justice when exercising its mandate. States, for their part, are obliged to ensure compliance and fulfilment of the orders of provisional measures and judgments of the Court, in order to preserve both its integrity and judicial function.

We urge all States to engage constructively in multilateral cooperation based on international law of which the peaceful settlement of disputes forms an integral and crucial part. In today’s challenging global political environment, the peaceful settlement of disputes is more relevant than ever. While there are several ways to establish the jurisdiction of the Court, we call upon States that have not yet done so to consider accepting the compulsory jurisdiction of the Court.

Mr. Chair,

In March 2022, States Parties to the Genocide Convention were informed by the Court that Ukraine had filed an application instituting proceedings against the Russian Federation under the Genocide Convention, and that as States parties to that Convention they had a right to intervene in the proceedings under article 63 of the Statute of the Court.

So far, interventions under article 63 have been rare. The object and purpose of article 63 is to ensure that other states than the parties to the dispute, can present their views to the Court on the construction of conventions to which they too are parties. Thus, the intention is to recognize that every State party to a multilateral convention has a direct interest in the interpretation the Court might give to that convention’s provisions. This right is also of inherent value for the Court as it may provide valuable assistance in its decision-making. Importantly, if a State party decides to use this right, it also accepts that the construction given by the Court in its judgment will be equally binding upon it. 

Several States Parties have indeed independently decided to use their right to intervene in this case. At this stage of the proceedings, they have presented their views to the Court on the construction of article IX and other provisions of the Convention, insofar as they pertain to the question of the Court’s jurisdiction.  The Nordic countries believe that these interventions offer an ample reflection of the importance of the Court as an institution for the promotion and protection of an international system based on the rule of law.

Mr. Chair,

The Nordic countries would also like to use this opportunity to reiterate the need to strive for a better gender balance in the Court. The upcoming election on 9 November 2023 is an opportunity to reflect on our shared efforts to achieve equal representation of women and men in the Court. We encourage all States to keep on working actively towards this goal.

Finally, the Nordic countries would like to reaffirm their continuing support to the International Court of Justice, as the principal judicial organ of the United Nations and to the international legal system more generally.