A renewed vitality

The extensive speech of the Secretary of State of the Holy See, Cardinal Pietro Parolin, at the UN General Assembly (29 September 2024) offers interesting food for thought for those who put themselves in the perspective of looking at the reasons of law, as we try to do in this column of Nuovo Progetto.

The context of the speech is of great importance. The “prime minister” of the Holy See presented his reflections to the plenary body of the United Nations. In that session
of the General Assembly, the heads of state or government or the foreign ministers of the 193 member states of the world’s largest organization spoke. The political and diplomatic relevance of their speeches is great, and the media resonance they enjoy is notable.

After outlining «the cultural and political origins of contemporary challenges», Parolin offered his reflections on what he called «a further study of the adequacy of international law today, that is, the effectiveness of its implementation by the mechanisms used by the United Nations to prevent war, stop aggressors, protect populations and help victims».

The first path proposed is «the path of promoting dialogue and understanding between cultures». But, in addition to “cultural openness”, «we also have the important path of international law. The current situation requires a more incisive understanding of this law, paying particular attention to the "responsibility to protect"». In truth, the cardinal focuses essentially on the risks of terrorism which, starting from the terrible attacks of 11 September 2001, «undermines and rejects every existing legal system». The global nature of this phenomenon, which knows no borders, "is precisely the reason why the framework of international law offers the only viable way to address this urgent challenge."

Hence the call for the renewal of the United Nations and the relaunch of the role of the Security Council, the political body to which States have conferred the power to resort to legitimate force. The Holy See - Parolin specifies in the first part of his speech - looks with concern at Iraq, Syria, the Middle East, and the actions of transnational terrorist groups and "non-state actors" who commit crimes against the populations of States that fail to guarantee the protection of their fundamental rights.

Hence the reference to the doctrine of the “responsibility to protect”, enunciated over twenty years ago by the International Commission on Intervention and State Sovereignty (ICISS). In the approach of ICISS, the novelty lies in the very concept of sovereignty, which should no longer be understood as exclusive “control” of the territory and the population, but essentially as responsibility.

This implies that state authorities are responsible for the function of protecting the life and safety of citizens and promoting their well-being. If they do not do so, the international community can and must intervene. This was a new conceptual response to the problem of legitimizing intervention for humanitarian reasons.

Since 2004, several important documents have taken up the notion of “responsibility to protect” and, finally, this doctrine has found authoritative consecration in the final document of the summit of Heads of State or Government of 2005. On that occasion, the UN General Assembly, meeting at the highest level, recognized that “each State individually has the responsibility to protect its population from genocide, war crimes, ethnic cleansing and crimes against humanity”, and that the international community should first and foremost “encourage and assist States to exercise this responsibility and support the United Nations”. Where peaceful means are inadequate and national authorities “cannot or do not want” to comply with their obligation to protect, the international community should be ready for timely and decisive collective action, through decision-making mechanisms centered on the Security Council acting in accordance with the UN Charter, including Chapter VII (which also provides for the possibility of deciding on the use of force).

Pope Benedict XVI, in his address to the UN General Assembly on 18 April 2008, had forcefully recalled the doctrine of the responsibility to protect, inviting States not to consider it as an unacceptable imposition or limitation of sovereignty.

Through his Secretary of State, Pope Francis takes up the same concept after many years. After a strong call for the need to strengthen multilateralism and international organizations and to enhance the action of the Security Council, Cardinal Parolin draws the attention of the international community to the prohibition of the use of force outside of international legitimacy, and concludes: «In short, the promotion of a culture of peace requires renewed efforts in favor of dialogue, cultural appreciation and cooperation, respecting the variety of sensibilities». A “renewed vitality” of the UN will help resolve the serious conflicts of our time.


Edoardo Greppi
NP November 2024