Sign to Support the Rule of Law and Courts

June 26, 2024

By Kirk Boyd

INTERNATIONAL COURT OF JUSTICE

It is a good thing for humanity that the International Court of Justice, the International Criminal Court, and the Regional Courts are becoming more active. These Courts, and the documents that they interpret and enforce, are part of the backbone of our social contract, the formal and informal agreement that humans have with each other, and those who govern, about rights for people and nature as we live together on our planet, Earth.

The decisions of these Courts are part of the emergence of "the rule of law." Humans have a unique ability among all species: we can read and write. At our best, we can use this ability to embody fundamental values such as environmental and human rights into documents such as Bills of Rights and Statutes that can then be enforced in a neutral manner in Courts with independent Judges.

INTERNATIONAL CRIMINAL COURT

Aware of the history of humanity, with the war and environmental destruction that has been prevalent, and is now continuing, it makes sense for humans as a whole to recognize that much of what has brought about these atrocities is impunity - the power of one man, or woman, to take actions that imperil large numbers of people and the environment of our planet.

All power to govern is derived from the people. As Rousseau wrote in "Social Contract" in 1762, "the people build the machine (our social contract) the government only operates it." Impunity is antithetical to this basic principle of governance. It allows a few people, for their own personal reasons, usually to enhance power to themselves or to make money, to start wars or commit wanton ruin of the environment.

So we, humanity, build courts to enforce basic principles such as no slavery, equality of women and men, the rights of all species to protection of their environment, and the right for all people to select those who govern them through a transparent, democratic, process - along with other rights.

It is a natural evolution for humans to curb impunity with courts. The biosphere of our planet has been damaged to the point where a mass extinction of species is occurring, wars with large numbers of civilians killed are raging, even including the danger of nuclear annihilation, and authoritarianism, another form of slavery, is on the rise.

Given these circumstances, it is wise that courts are stepping up. The focus of civil society, and States too, should be on the strengthening and expansion of these existing courts. For example, Ecocide should be added as a fifth crime at the International Criminal Court. Those who engage in wanton, widespread, acts of harm to the environment should know that, whatever country they may be in, they may go to jail.

As Courts gain power to prevent impunity, it is understandable that there will be backlash. There will be efforts to gut the Courts and preserve impunity. Kurt Vonnegut wrote that power is like whisky, it does not matter who you are, or what country you are from, if you consume too much of it, you will become drunk on it. There are many people running the world at this moment who are drunk on their power, and do not want to give it up. For the well-being of people and planet, they need courts to remind them that their power is limited, even if they resist.

To this end, as those who wish to preserve their impunity aggressively act to limit and dismantle the courts that limit them, it is time for people, non-governmental organizations, businesses and governments to take a stand by signing a simple statement reaffirming support for the Regional Courts, International Criminal Court, International Court of Justice, and other courts that are the embodiment of the rule of law.

INTER-AMERICAN COURT OF HUMAN RIGHTS

The Summit of the Future, held by all countries in the United Nations in September 2024, offers a good opportunity for those who support the rule of law, and Courts to enforce it, to assert themselves at a time when forces for impunity and authoritarianism are well organized to undermine the rule of law. Fortunately, the most important action needed is a simple one: a signature! A signature showing support for this simple statement:

 " At this crucial time for humanity, as we progress into the 21st-century, we, the undersigned people, non-governmental organizations, businesses and countries, reaffirm our support for the international rule of law, and an international judicial architecture including Regional Courts, an International Criminal Court, and an International Court of Justice, among other Courts, so that the rights of nature and human rights are enforceable in the courts of all countries"

Your signature matters. Some things can only be achieved through widespread participation - so it is with the rule of law! Those who seek to diminish the rule of law and courts are well organized. It is time for those who support the rule of law and courts, including philanthropies, to be equally well organized and take a stand together.

When you sign, and encourage others to do so, please remember that your signature, and the rule of law itself, is not a statement for, or against, any particular country, or leaders in any country. There is no mention throughout this blog of any particular country, or rulers of any countries. It is time to stop thinking about what this or that country will accept and focus on what humanity wants. The rule of law is a step in that direction.

You can sign on behalf of yourself, a non-governmental organization, business or government on this website. You can also personally, or through your non-governmental organization, business or government pass this simple statement along and ask others to sign prior to September 15, 2024, so that the signatures can be presented at the Summit of the Future on September 20-23, 2024.

Thank you for taking a stand for the rule of law with courts to enforce it. Together we can build an international judicial architecture. The Legal Pact for the Future welcomes any ideas that you have as to how this signature campaign, and the rule of law, can succeed.

 


Kirk Boyd

Kirk Boyd is the Executive Director of the Legal Pact for the Future

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