The need for a renewed rules-based international order
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 28 January 2025 (3rd sitting) (see Doc. 16087, report of the Committee on Political Affairs and Democracy,
rapporteur: Ms Dora Bakoyannis). Text
adopted by the Assembly on 28 January 2025 (3rd sitting).See
also Recommendation 2288
(2025).
1. In 1945, determined to save succeeding
generations from the scourge of war, world leaders decided to create
the United Nations to ensure respect for international law, maintain
international peace and security, and promote social progress and
better standards of life. Since then, the United Nations has been
the cornerstone of the multilateral system of global governance,
which has been enriched by a number of other international organisations
and informal forums with specialised mandates and varying geographical
coverage.
2. Founded in 1949 as a peace project, the Council of Europe
has made an outstanding contribution to strengthening rules-based
multilateralism by promoting democracy, human rights and the rule
of law, and contributing to the creation of a single European legal
space, through the European Convention on Human Rights (ETS No. 5),
whose interpretation by the European Court of Human Rights has made
it a “living instrument” and a “constitutional instrument of European
public order”, and more than 200 other conventions.
3. Almost eight decades later, the international context has
profoundly changed. The effectiveness of the rules-based international
order is being increasingly challenged by a shift towards multipolarity,
with groups of countries coalescing around diverging approaches
and visions as regards values, systems of governance and the international
order itself. This process is accompanied by a rapid rise in authoritarianism,
nationalism, isolationism, unilateralism and pure power politics.
4. The world is currently facing the highest number of conflicts
since the end of the Second World War, and the United Nations Security
Council is struggling to fulfil its primary responsibility of ensuring
the maintenance of international peace and security due to the irreconcilable
positions and interests of its permanent members.
5. The Russian Federation’s war of aggression against Ukraine
marked the most brutal violation of the rules-based international
order in recent history, with the Russian Federation trying to change
the territorial borders of a neighbouring sovereign State, using
violence against civilians as an instrument of war and threatening
the use of nuclear weapons. Such acts constitute a flagrant breach
of the United Nations Charter and underscore the urgent need for
comprehensive mechanisms to ensure accountability for those responsible and
an immediate cessation of hostilities.
6. The Parliamentary Assembly reaffirms that no acquisition of
territory by the threat or use of force shall be recognised as lawful
and calls upon all States to refrain from any action that might
be interpreted as legitimising the seizure or annexation of territory
in violation of international law.
7. Furthermore, the international community has proved incapable
of stopping the escalation of violence in the Middle East, which
began with an appalling terrorist attack by Hamas and other militia
groups against Israel on 7 October 2023 and has grown into a major
regional conflict, resulting in more than 40 000 deaths and a humanitarian
crisis of apocalyptic proportions in Gaza.
8. In addition, the result of the 2024 presidential election
in the United States of America raises significant concerns about
the direction of the United States’ foreign policy and the impact
it might have on the multilateral system.
9. This context of global instability and insecurity is all the
more worrying as, in addition to the maintenance of international
peace, the world is facing a number of other distinct and interrelated
challenges that can only be addressed through concerted action,
ranging from climate change and environmental degradation to mass migration,
growing inequalities, global health risks, food and energy crises,
terrorism and violent extremism, the rise of artificial intelligence
and its impact on all aspects of society, and the risks of space
exploration.
10. In order to counter threats to the European way of life, protect
democracy, human rights and the rule of law, and preserve Europe’s
position in the world, Council of Europe member States should strive
for an open rules-based international order founded on realism,
rather than an ever-shrinking club of “like-minded” countries, while
ensuring that any State engaging in acts of aggression or grave
breaches of international law is held accountable and does not benefit
from unmerited diplomatic or economic privileges.
11. The Assembly firmly believes that a renewed commitment to
international law and to the reform of the multilateral system of
global governance is necessary to address these challenges effectively.
The ability to resist the destabilising forces that seek to replace
international law with the rule of force, and the capacity to renew
and reinvigorate the rules-based international order, will determine
the resilience not only of democracies, but of the world as a whole.
12. In the light of these considerations, the Assembly welcomes
the adoption on 22 September 2024 by the United Nations General
Assembly of Resolution A/RES/79/1 “The Pact for the Future”, which
demonstrates the commitment of the international community to reforming
the rules-based international order in order to meet the grave challenges
we face. The Assembly therefore urges all States to implement the
56 actions contained in the Pact for the Future, and in particular
to:
12.1 ensure the strictest respect
for international law, including the United Nations Charter, international
human rights law and international humanitarian law, as well as
the resolutions of the United Nations Security Council and the United
Nations General Assembly;
12.2 uphold the mandate of the International Court of Justice
and comply with its decisions;
12.3 refrain from the threat or use of force, or acts of aggression;
respect the sovereignty and territorial integrity, within internationally
recognised borders, of all States;
12.4 commit to reforming the multilateral system and its institutions
through an inclusive approach, to ensure:
12.4.1 a reform
of the United Nations Security Council, enlarging its membership
to increase its representativeness and giving a stronger role to
under-represented and unrepresented regions, such as Africa, Latin
America and the Caribbean, and Asia-Pacific; revising its working methods;
and reconsidering the use and scope of the veto power by permanent
members, to avoid any abuse;
12.4.2 a revitalisation of the work of the United Nations General
Assembly, which should be entrusted with stronger powers in matters
related to the maintenance of international peace and security,
especially when the United Nations Security Council fails to reach
a common position, including in cases where a permanent member exercises
its veto power to shield itself from accountability;
12.4.3 a reform of the international financial and economic institutions,
including the International Monetary Fund and the World Bank, to
grant developing countries with stronger representation and voting
powers in their decision-making bodies, as well as easier access
to financing and credit, and to identify sustainable ways to restructure
their debt;
12.5 significantly strengthen actions aimed at addressing the
global challenges of climate change and environmental degradation,
as well as the global governance of artificial intelligence.
13. The Assembly further urges all States to promptly accede to
the International Criminal Court for those countries that have not
yet done so, and to co-operate fully with the International Criminal
Court and comply with its orders for those countries that have already
acceded, in particular with a view to ensuring accountability for
war crimes, crimes against humanity and the crime of aggression.
14. The Assembly recalls that, at their 4th Summit in Reykjavik
in 2023, the Heads of State and Government of the Council of Europe
reiterated their commitment to “strengthening the role of the Council
of Europe in the evolving European multilateral architecture and
in global governance by enhancing its external dimension, through
its liaison offices and through a new engagement based on its core
values with democracies in the world and its southern neighbourhood”.
15. In line with the Reykjavik Declaration, the Assembly calls
on Council of Europe member States to:
15.1 engage in a dialogue with countries from the Global South
and make use of all available institutional and diplomatic channels
to ensure the largest participation possible in the enlarged partial agreements
of the Council of Europe;
15.2 support a greater role for the Council of Europe as a
partner of the United Nations in strengthening rules-based multilateralism
and for matters related to democratic security, maintenance of peace
and the protection of democracy, human rights and the rule of law,
including through the recognition of the Council of Europe as a
regional organisation within the meaning of Article 52, Chapter VIII,
of the United Nations Charter;
15.3 strengthen the strategic partnership between the Council
of Europe and the European Union, as well as the Council of Europe’s
co-operation with other multilateral organisations, in Europe and
beyond.
16. The Assembly pays tribute to the extraordinary achievements
of the European Court of Human Rights (the Court) through its case
law, including its important contribution to international law as
one of the foundations of multilateralism. With a view to fostering
a harmonious interpretation and development of international law,
it invites the Court to strengthen its bilateral and multilateral
relations and dialogue with the International Court of Justice,
the different United Nations human rights mechanisms, as well as
with regional human rights courts such as the Inter-American Court
of Human Rights and the African Court on Human and Peoples’ Rights.
17. Furthermore, with a view to strengthening Europe’s leadership
internationally, the Assembly urges the Council of Europe member
States which are also members of the European Union to:
17.1 pursue more vigorously the political
and economic integration of the European Union, using the relevant
Council of Europe standards and instruments on democracy, human
rights and the rule of law;
17.2 adopt concrete measures to follow up on the European Union’s
Strategic Compass for Security and Defence adopted in 2022 and the
Council Conclusions on EU Security and Defence adopted in 2024,
in order to ensure that the European Union can successfully defend
its physical borders, citizens, security and founding values against
both military and hybrid threats, by reducing its dependence on non-European
allies and strengthening Europe’s capacity to respond decisively
to any aggression against its member States or partner countries;
17.3 accelerate the European Union enlargement process while
focusing on defusing tensions and disputes, countering interference
by malign third-party actors, strengthening Europe’s democratic security
and speaking with one voice internationally.
18. The Assembly welcomes the European Union’s reaffirmed determination
to accede to the European Convention on Human Rights as enshrined
in Article 6.2 of the Treaty on the European Union and its commitment
to the European Convention on Human Rights and the European Court
of Human Rights, including the effective and timely execution of
its judgments as laid down in the European Union’s priorities for co-operation
with the Council of Europe in 2025-2026.
19. Being convinced of the importance of parliamentary diplomacy
and the need for a greater involvement of parliaments in the conduct
of international relations and in support of multilateralism, the
Assembly welcomes Action 55 of the Pact for the Future, in which
world leaders recognise “the importance of the United Nations engagement
with national parliaments and relevant stakeholders, while preserving
the intergovernmental character of the Organization”. Consequently,
the Assembly resolves to:
19.1 continue
its regular contacts with the United Nations institutions and agencies,
promoting the involvement of national parliamentarians in the work
of the United Nations and the implementation of its mission;
19.2 enhance its dialogue and co-operation with national parliaments,
especially of those countries under direct threat or experiencing
aggression, in particular in areas such as foreign relations, democratic
security, confidence building and conflict prevention;
19.3 continue to act as an inclusive and representative platform
for parliamentary dialogue, reaching out beyond Council of Europe
membership;
19.4 strengthen dialogue with other international parliamentary
assemblies, such as the European Parliament, the Organization for
Security and Co-operation in Europe Parliamentary Assembly, the North
Atlantic Treaty Organization Parliamentary Assembly and the Inter-Parliamentary
Union;
19.5 review and, where necessary, enhance the effectiveness
of its co-operation agreements with other international parliamentary
assemblies or organisations.
