Social Justice in an Open World: The Role of the United Nations
Chapter 2
Rising inequalities among countries In its assessment of current trends in international justice, the Forum focused primarily on developmental considerations, though attention was also given t o legal and political dimensions.
2.1 National sovereignty and the right of intervention The Forum noted that on two recent occasions, force had been used against States Members of the United Nations without the formal approval of the Security Council and outside the provisions of chapter VII of the Charter.l0Even prior to these events, the "right of intervention", legitimized by the overriding need to protect human rights and in particular to prevent genocide, had been openly and vigorously debated in international circles. Today, it is generally agreed that the principles of respect for national sovereignty and non-interference in the domestic affairs of a State can be legitimately suspended to address unchecked and unpunished violations of basic human rights and fundamental freedoms. Intolerance for such violations represents a heightening of the human consciousness and real progress, and is a necessary step in the building of a true world community. Vexing questions arise, however, with regard to the type of legal regime needed to govern this right of intervention. Assuming that satisfactory agreement could be reached on the nature and extent of the violations that would necessitate different degrees of condemnation and different modalities of intervention, and assuming that the role of a reformed Security Council in such matters was clearly defined, even-handedness and fairness would remain critical for the credibility and durability of such a system. Powerful countries would have to be subjected to the same rules as weak countries. The present state of affairs with regard to the use of the International Court of Justice and the International Criminal Court suggests that the world is not yet ready for an international legal regime subordinating national sovereignty to respect for fundamental human rights. Nonetheless, for all those who believe there are universal core values that define a common humanity and common standards of decency, the desirable direction of change in international law and international relations is clear.
2.2 Equality among Member States and inequalities in power The sovereign equality of all countries is recognized within the United Nations, a fact perhaps best symbolized by the rule that each State-regardless of its size, population, economic and financial status, military power, and level of cultural and political prestige and standing in the international arena-has one vote in the General Assembly. This rule gives the Organization, with its near universal membership, its distinctiveness and legitimacy. However, international justice also requires