Mr President,

We wish to congratulate the Federal Republic of Somalia for assuming the rotating Presidency of the United Nations Security Council for the month of January and wish you and your delegation all the best in the execution of your responsibilities.  We also wish to thank you for convening this debate and affording all UN Member States the opportunity to participate because the situation in Venezuela concerns all UN Member States given its implications for the credibility of the UN Charter and international law.

Mr President,

Integral to the maintenance of international peace and security since the establishment of the United Nations is the understanding that no nation can claim to be legally or morally superior to another. We are all nations born out of different histories and contexts ascribing to the common values and principles enshrined in the Charter of the United Nations. Chief amongst these principles is the sovereign equality of all its members.

By signing the Charter, we have all committed to settle our international disputes by peaceful means in such a manner that international peace, security and justice, are not endangered. We have also committed to refrain, in our foreign relations, from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes and principles of the United Nations. The International Court of Justice has also previously affirmed that international law prohibits the use of force and non-intervention in another State’s affairs.

Due to the shortcomings of its predecessor the League of Nations, the UN was created to prevent countries from resorting to conflict to settle disputes and prohibit the use of force unless it is done in a legally prescribed manner. In doing so, the UN has played a pivotal role in ensuring peaceful existence amongst nations including in ending the colonial subjugation by powerful countries over others underpinned by respect for the equal rights of nations large and small, and respect for the principle of equal rights and self-determination of peoples.  Joining the organisation and committing to its principles afforded protection to many of us with a supposed assurance that no longer would one nation be seen as inferior to another.

Unfortunately, when countries ignore the Charter and act contrary to its central premise, it undermines the credibility of the entire system in which we all undertake our international relations. The stability of the international system depends not only on the respect but on the consistent application of these established legal norms. We all benefit from a rules-based international order based on international law. When we break these norms, we invite anarchy and an environment where might make right, ignoring the complexity of interrelations and interdependence in our modern world.

Mr President,

The unilateral military strikes carried out by the United States of America against Venezuela and the abduction of President Nicolás Maduro and his spouse from Venezuelan territory for transfer to the United States wantonly violates the sovereignty, territorial integrity and independence of Venezuela. These actions are also in stark contrast of our established legal norms. Once again, the belief that might is right, is reinforced and diplomacy is undermined.

History has repeatedly demonstrated that military invasions against sovereign States yield only instability and deepen crisis. Unlawful, unilateral force of this nature undermines the stability of the international order and the principle of equality among nations. Such use of force also undermines the institutional infrastructure established to regulate relations among nations. We have seen examples of these in Libya, Iraq, and countless cases in Africa where foreign interventions and interference create security crises and undermine national governance institutions cultivated through nuanced and complex national contexts.

South Africa stresses that allegations of internal governance challenges, human rights concerns or acts of criminality by a Head of State cannot justify a breach of the Charter’s prohibition on the use of force particularly Article 2(4) of the Charter. The peaceful resolution of disputes and internal matters must proceed in accordance with international law, and through multilateral mechanisms.

Additionally, under international law, a State has exclusive jurisdiction over persons and conduct within its own territory. Any enforcement of domestic law, including arrest, by one State within the territory of another State without that State’s consent is an unlawful violation of sovereignty. There are recourse mechanisms at the disposal of States to implement international law. This includes taking action by bringing a case before the International Court of Justice or seeking action from the UN Security Council.

We note the statement issued by a group of concerned countries, mainly those in the Latin American region most affected by the developments in Venezuela which reiterates that the situation in Venezuela must be resolved exclusively through peaceful means, through dialogue, negotiation, and respect for the will of the Venezuelan people in all its expressions, without external interference and in accordance with international law.

Mr President,

Each one of our countries, including our peoples, that are members of this organisation and that are bound to its Charter should have the right to determine our own democratic and political path. This inherent Charter given right to self-determination cannot and should not be abrogated.

If we do not stand up to the sovereign rights of any nations/States being undermined and wantonly violated, then which one of us are safe or are guaranteed protection by the principles of the Charter and international law?

Failure to act decisively against such violations is tantamount to inviting anarchy, and normalising the use of force and military might as the main form of discourse in international politics. This would be a regression into a world preceding the United Nations, a world that gave us two brutal world wars, and an international system prone to severe structural instability and lawlessness. We cannot afford to proceed into a complex future without the stability and protection afforded by international law.

I thank you.

ISSUED BY THE DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION

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