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UNCLAS SECTION 01 OF 03 USUN NEW YORK 001022 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KJUS UNSC UNGA
SUBJECT: INTERNATIONAL COURT OF JUSTICE (ICJ) PRESIDENT 
BRIEFS SECURITY COUNCIL 
 
REF: STATE 111379 
 
¶1.    (U)  SUMMARY:  On Thursday, October 29, President Owada 
of the International Court of Justice (ICJ) addressed the 
Security Council.  (The President of the ICJ has addressed 
the Council annually since 2000.)  Owada provided an overview 
of the work of the Court over the past year.  All members of 
the Security Council intervened following Owada's statement, 
generally expressing support for the work of the ICJ and 
satisfaction with the increased workload and efficiency of 
the Court.  Ambassador Wolff delivered a statement per 
reftel, conveying strong support for the ICJ and other 
mechanisms which prevent threats to international peace and 
security.  He further expressed the importance the United 
States attaches to the role of international law in the 
international system.  END SUMMARY. 
 
 
President Owada's Statement 
--------------------------- 
 
¶2.    (U)  Owada noted the important role that the Security 
Council and the ICJ play in the pacific settlement of 
disputes, and recalled articles 33 and 92 of the Charter 
which encourage judicial settlement of disputes and name the 
ICJ as the principle judicial organ of the UN.  He also noted 
that the ICJ should refer cases of non-compliance to the 
Security Council.  Owada emphasized the Security Council's 
role under resolution 1887 as the body primarily responsible 
for addressing nuclear threats, nonproliferation and nuclear 
disarmament. 
 
¶3.    (U)  Owada discussed several contentious cases recently 
before the Court, including Georgia v. Russian Federation 
regarding racial discrimination and several cases involving 
the Democratic Republic of the Congo.   He also noted that 
requests for provisional measures have increased in a number 
of cases (including Georgia v. Russian Federation and the 
Avena case).  Owada noted that Security Council resolutions 
827 and 955 that formed the International Criminal Tribunal 
for the former Yugoslavia (ICTY) and the International 
Tribunal for Rwanda (ICTR) helped bring rapid change to the 
notion of individual accountability and helped to build a 
bridge between criminal responsibility and lasting peace and 
international justice. 
 
¶4.    (U)  In resolution A/RES/63/3, the General Assembly 
(GA) submitted a request for an advisory opinion on the 
question: Is the unilateral declaration of independence by 
the Provisional Institutions of Self-Government of Kosovo in 
accordance with international law?  Though the issue is the 
subject of constant consideration by the Security Council, 
Owada noted that the GA has the power to seek guidance on 
international legal matters.  Fourteen Member States have 
submitted written interventions and more than 30 parties will 
participate in oral arguments for this case, scheduled for 
1-11 December 2009. 
 
 
Security Council Member Interventions 
------------------------------------- 
 
¶5.    (U)  All Council members made interventions.  France 
noted that the ICJ contributes to principles of international 
law and can aid the maintenance of international peace and 
security.  Japan and Croatia also indicated their support for 
the Court.  Croatia remarked on the ICJ's unique place, owing 
to its universal character and general jurisdiction.  Turkey 
noted that peace and justice are complementary elements, so 
the role of the ICJ is extremely important.  Turkey also 
noted that new and evolving threats require wider and more 
effective cooperation between the Security Council and the 
ICJ.  Uganda offered its support for the Court, its attempts 
to improve efficiency, and its staffing requests.  Vietnam 
noted the Court's heavy workload, including provisional 
matters waiting to be considered.  Vietnam said that all 
 
USUN NEW Y 00001022  002 OF 003 
 
 
activities of the ICJ should be aimed at promoting the rule 
of law and wider awareness. 
 
¶6.    (U)  Mexico reiterated the need for close cooperation 
between the Security Council, the ICJ and other organs in the 
UN system and said that peaceful settlement of disputes is 
crucial and therefore it is necessary to focus on 
recommending appropriate disputes to the ICJ.  Mexico 
expressed satisfaction with the General Assembly resolution 
to refer the Kosovo situation to the ICJ for an advisory 
opinion but stated that the Security Council should use its 
power to institute compliance with the advisory opinion. 
Mexico emphasized the need for all parties to a case to fully 
respect the decisions of the Court. 
 
¶7.    (U)  China welcomed Owada and congratulated him on his 
election.  China noted that the peaceful settlement of 
disputes is necessary for international peace and security 
and expressed support for the ICJ as a means of maintaining 
the lasting peace of the world.  However, China warned that 
the ICJ should be cautious and stick to basic norms of 
international law and the UN Charter.  The increased workload 
of the Court indicates increased trust in the Court from the 
international community.  China indicated its support for the 
ICJ's request for increased staff and hopes for settlement of 
the issue of remuneration. 
 
¶8.    (U)  Russia noted the political sensitivity of some new 
ICJ cases and credited the Court for its successful 
resolution of the Black Sea case, Avena and Costa Rica v. 
Nicaragua.  Russia also noted the potential for a strong 
political component in ICJ cases, but expressed its intention 
to continue participating in hearings on Georgia v. Russian 
Federation.  Russia noted that it is party to an ICJ case 
involving Georgia and expressed strong views on Georgia's 
role in the conflict at issue.  Russia also noted the need 
for the ICJ to balance international legality and the 
impartial discharge of its duties, including clearly defining 
its competence. 
 
¶9.    (U)  The UK stressed the importance of the Security 
Council being informed of the work of the Court.  While the 
ICJ is in demand in all corners of the world, the UK 
emphasized that the Court would be enhanced if more Member 
States accepted the compulsory jurisdiction of the ICJ.  The 
UK assured Owada of its full support.  Austria also called on 
other States to accept the compulsory jurisdiction of the 
ICJ.  Austria expressed its support for the ICJ and the need 
to recognize the Court's role by placing adequate resources 
at its disposal.  Austria observed that it has been more than 
60 years since the Security Council has referred a matter to 
the ICJ and more than 40 years since it has requested an 
advisory opinion. 
 
¶10.   (U)  Libya welcomed Owada and thanked him for the 
briefing and for his performance on the Court.  Libya noted 
that States look to the Court for expertise and transparency, 
including in a number of cases over natural resources.  Libya 
said that it resorts to the ICJ more than many other States 
and has a history of compliance with the Court's orders and 
said that it therefore reaffirmed its support for the Court. 
 
¶11.   (U)  Burkina Faso noted that it has accepted the 
jurisdiction of the ICJ and indicated that the extensive 
activities of the Court (including both judgments and orders) 
signal a greater openness of Member States to the Court. 
This openness, Burkina Faso said, is to be welcomed because 
it makes States less likely to resort to force in resolving 
disputes. 
 
¶12.   (U)  Costa Rica reiterated its domestic history of 
support for the peaceful settlement of disputes and its long 
history of support for the UN.  Costa Rica said that it sees 
the ICJ as a first order recourse and that its effect has not 
simply been rhetorical, but has made differences in legal 
issues.  Costa Rica also indicated that it was recently 
 
USUN NEW Y 00001022  003 OF 003 
 
 
involved in an ICJ case with Nicaragua over navigation rights 
and noted that Costa Rica has recognized the independence of 
Kosovo. 
Rice