ORGANIZATION FOR THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION
5 route des Morillons, CP 2100. 1211 Geneva 2, Switzerland
Telephone & Fax: 788.62.33
the Promotion and Protection of Human Rights
Fifty - fourth session (29 July - 16 August 2002)
3: Administration of justice
It is not news to most that human suffering all around the world
is the result of racism, degradation, violations of human rights and
violent international conflicts. These are anticipated definite consequences whenever there is
lack of justice. Justice to
which we have aspired and all wise people on this earth do as well.
There is no peace without justice.
Yes, Mr. Chairman, no peace without justice.
What happened in the Balkans, the massive destruction,
humiliation and oppression taking place for over 50 years in the
Occupied Palestinian Territories, the continuous and dangerous clashes
in Kashmir, which may lead to the use of nuclear weapons in error or
miscalculation at any time. It
is these unjust, tyrant and oppressive realities and policies, as well
as the cruel and heavy-handed ones enforced by the United States on
central Asian nations like Iraq, Iran and Afghanistan that clearly prove
there can be no peace without justice.
Conflicts between people whether individuals, groups or states,
under various circumstances, is a natural phenomenon that has existed
since the beginning of creation. Man
managed to find solutions for his challenging and often times dangerous
nature by using his mind, wisdom and experience.
Ever since mankindís beginnings, arbitration started between
small tribes and developed into impressive judicial systems of courts
and judges in every town, city and country.
Throughout history, human experience proves that the logic of
domination and force, with the overriding sense of superiority, sooner
or later could not provide peace and security even for the powerful
Therefore, even if the question sounds naive to some, we have the
right to ask, if peace and security could never be achieved by force,
and if humanity has introduced judicial systems within the national
borders of every State, why then has humanity failed at finding an
international court to resolve conflicts and disputes between groups and
states? The course of
history urges us that humanity should reach and fulfill this goal
someday, or else a nuclear tragedy might occur ending life on this
As non-governmental organizations counting on the distinguished
experts who are meeting with us today, we request the establishment of a
strong and effective international court of justice that is fully
capable of implementing and spreading the rules of justice among various
human groups and nations.
The present International Court of Justice and the newly formed
International Criminal Court are two great strides along the right path.
However, presently neither one is able to achieve justice in its
broad sense, justice which is fundamental to peace on earth.
The role of the International Criminal Court has been compromised
and hampered because of U.S. insistence to exclude American servicemen
from complying with its rulings for a renewable period of a year.
The work of the United Nationsí International Court of Justice
and its ability to be effective has been restricted in two substantial
ways. These restrictions
take away so much of its powers that the International Court of Justice
is rendered as and deemed to be a paralyzed body.
The first restriction has been that it cannot bring forth any
major international dispute no matter how destructive and dangerous it
may be for the rest of humanity, unless both of the opposing
parties/states to the conflict agree to seek the International Court of
The second restriction is that it lacks the power to execute its
rulings through international troops assigned for this purpose, or
through ordering a general termination of international relations, which
can pressure the violating party into compliance and adherence to court
It is our responsibility, Mr. Chairman, and the responsibility of
the experts in this meeting today to bring forth this issue with
diligence and persistence until we remove these constraints from the
International Court of Justice. A high standing court which might be the only hope to the
ultimate realization of justice and, therefore, to securing peace.
So, will we see to it that this is done?
you Mr. Chairman.