International Law and Fight against Terrorism
Slovenia is committed to promoting and strengthening the rule of law at national and international level and supports progressive development of international law and its codification. The Permanent Mission of Slovenia on behalf of the Republic of Slovenia actively participates in negotiating processes in the framework of the United Nations.
Slovenia is active in the field of International law and discusses international law issues with other State Parties primarily in the framework of the UN General Assembly's Sixth Committee. The Sixth Committee negotiates draft international treaties that are put forward by other expert bodies, most often by the International Law Commission, the UN Secretariat, the Office of Legal Affairs or State Parties themselves.
The most important agenda item of the Legal Committee is the Report of the International Law Commission with participation of Legal Advisers of the Ministries of Foreign Affairs. Other main priorities in the Committee are the Rule of Law, Universal Jurisdiction and Measures to eliminate international terrorism.
International Law Commission
Slovenia’s devotion to international law, its progressive development and codification is also demonstrated with the membership of Professor Dr. Ernest Petrič in the International Law Commission. Professor Dr. Petrič has been first elected to the International Law Commission in 2006 and has actively participated in its work, including serving as Rapporteur (2007) and Chairman of the International Law Commission (2009-2010). He was re-elected for another five year term in 2011.
Photo: Permanent Mission's Archive
Rule of Law and International tribunals
Slovenia attaches great importance to the rule of law and in this framework actively supports the work of all international Courts and Tribunals. Slovenia is a founding member of the International Criminal Court (ICC) and was member of the ICC Bureau holding the position as rapporteur from 2009-2011. Slovenia is regularly contributing to the courts budgets and constructively participates in the adoption of their annual reports. Slovenia is also an active member of the group of friends of the Rule of Law.
Law of the Sea
Slovenia, a maritime country, participates in numerous meetings of the States Parties to different international treaties that annually take place in the UN Headquarters in New York. Speaking of legal issues in particular, the meeting of States Parties to the UN Convention on the Law of the Sea needs to be highlighted. UN Secretariat has with a purpose to best serve its Member States established a special department for the law of the sea in the Office of Legal Affairs, Division for Oceans and the Law of the Sea. Slovenia is also active in the work of the International Seabed Authority with Mr. Aleksander Čičerov as member of the Legal and Technical Commission for the period 2012-2016.
The Permanent Representative of Slovenia to the United Nations is member of the High-level Advisory Panel of the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea which on a yearly basis awards a Fellowship to assist candidates to acquire additional knowledge of the United Nations Convention on the Law of the Sea, in order to promote its wider appreciation and application, and to enhance specialized experience in those fields.
Photo: ITLOS' webpage
Audio-visual library of International Law
Slovenia is actively supporting the dissemination and wider appreciation of International Law, also by financially supporting the Audio-Visual Library of International Law.
The Permanent Mission also exercises depository duties through communication with the UN Secretary General. The UN Secretary General, at present, is depositary for over 500 multilateral treaties. In practice, the Treaty Section of the United Nations Office of Legal Affairs carries out depositary functions on behalf of the Secretary-General and publishes all treaties on their web pages.
The duty of the Permanent Mission is to deposit on behalf of the Republic of Slovenia with the UN Secretary General instruments of ratifications/acceptance/accession to treaties, to register international treaties pursuant to Article 102 of the UN Charter and to request certified true copies of international treaties that are deposited with UN Secretary General.
Fight against Terrorism
Slovenia condemns in the strictest terms terrorism in any form. There is not and cannot be any justification for terrorism. The interdependence of members of the international community and the indivisibility of international security have never been so pronounced as at the present time of openness and globalization. This means that the widespread involvement of states in counter-terrorism activities is required.
Since the very beginning, Slovenia supports counter-terrorism initiatives and measures put forward by international fora. Its support for and implementation of measures, adopted within the UN, the EU, NATO, the OSCE and the Council of Europe, unambiguously and firmly place Slovenia among the active members of the international community in fight against terrorism. UN Security Council resolutions, the UN Global Counter-Terrorism Strategy and the European Union Counter-Terrorism Strategy are among the most important binding documents that define Slovenia’s measures.
Slovenia is a signatory of many bilateral and multilateral agreements and/or conventions on the fight against terrorism. To fulfil obligations arising from these legally binding agreements, Slovenia has been implementing legislative and practical measures. As a member of the UN and other international organizations, Slovenia is obliged, in accordance with responsibilities deriving from its membership, to adopt or lift restrictive measures against countries, territorial entities, movements, international organizations and persons, in the context of the implementation of UN or other sanctions binding on the Republic of Slovenia, or if countermeasures are required in accordance with international law.
UN Global Counter- Terrorism Strategy
Slovenian activities in combating terrorism are focusing on reviewing the work done thus far, realizing obligations and preparing the orientation of further work. In this context, Slovenia supports the further universalisation of counter-terrorist instruments, the necessary respect for human rights in combating terrorism, strengthened implementation of the UN Global Counter-Terrorism Strategy and an expedited conclusion of negotiations on the Comprehensive Convention on International Terrorism
The UN Global Counter-Terrorism Strategy was adopted in September 2006 with a purpose to enhance cooperation and coordination of activities on this issue of the whole UN system, particularly UN Security Council counter-terrorism committees established by resolutions 1267, 1373 and 1540 with the work of the UN General Assembly, UN specialized agencies and other relevant institutions. The UN Global Strategy is addressing four interrelated elements where international community should act to successfully address the issue of terrorism. These are the following:
a) Measures to address the conditions conducive to the spread of terrorism.
b) Measures to prevent and combat terrorism.
c) Measures to build States' capacity to prevent and combat terrorism and to strengthen the hole of the United Nations system in this regard.
d) Measures to ensure respect for human rights for all and the rule of law as the fundamental basis of the fight against terrorism.
On 18 November 2011 the General Assembly adopted a resolution on establishment of a United Nations Counter-Terrorism Centre. The centre is established within the Counter Terrorism Implementation Task Force, and will be funded through voluntary contributions.
Office of Ombudsperson
In 2009 improvements of the sanctions regime under UNSC resolution 1267 (1999) were introduced by the UNSC resolution 1904 (2009). The resolution established an independent Office of Ombudsperson to assist the Sanctions Committee in its consideration of delisting requests. Since the commencement of its work the Office of the Ombudsperson has been strengthened with resolution 1989.
Under Chapter VII of the Charter, the Security Council can take enforcement measures to maintain or restore international peace and security. Such measures range from economic and/or other sanctions not involving the use of armed force to international military action.
The Council has resorted to mandatory sanctions as an enforcement tool when peace has been threatened and diplomatic efforts have failed. The range of sanctions has included comprehensive economic and trade sanctions and/or more targeted measures such as arms embargoes, travel bans, financial or diplomatic restrictions.
Cooperation between members of the Security Council and other States is crucial for achieving effective sanctions’ regimes and their implementation. Such cooperation can lead to improvement of the regimes and mitigate the possible adverse effects of sanctions for the most vulnerable segments of the population.
Slovenia believes in fair and transparent sanctions’ regimes, based on targeted sanctions with a limited humanitarian impact. Further improvement of procedures within the Security Council and its bodies would increase the legitimacy and effectiveness of sanctions. Special attention should also be given to the efficient listing and delisting procedures within the Sanctions’ Committees.
For more information on sanctions committees: http://www.un.org/sc/committees/
Legal Adviser at the Permanent Mission
Ms. Barbara Kremžar, Minister Counselor
Tel: (212) 370 3007, ext. 13