Speech by Minister for Foreign Affairs Maria Malmer Stenergard on International Law Day hosted by the Ministry for Foreign Affairs

Welcome!

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I’m delighted to see so many of you here today. International Law Day is more relevant than ever. 

The world is changing at an ever-faster rate. International law is being challenged and tested. From the Baltic Sea to the South China Sea.

But international law does not change just because it is challenged. International law stands firm. There are more, and increasingly strong, voices that stand up for international law than break it. And I’m proud of being Foreign Minister of a country which, regardless of the orientation of the Government, stands up for international law. 

The UN Charter is based on the sovereignty, territorial integrity and political independence of all states. 

These three elements are fundamental, especially at a time when there are world leaders who think that certain countries are above the rules. 

Consistently standing up for international law is therefore a long-term security policy. It is an investment in both a secure neighbourhood and a secure world.  

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Support to Ukraine is our top foreign policy priority. 

Supporting Ukraine is not only about us investing in our own security; it’s about so much more than that. It’s not just Ukraine’s freedom we are standing up for, but our basic values, too.

“Might is right” can not be allowed to become the prevailing system. Power and strength can not determine what is right and just. It is dangerous to create a world of chaos and uncertainty. 

Efforts to secure accountability for Russia’s actions against and in Ukraine are extensive. I would like to give three examples of how Sweden is contributing to these efforts. 

1. We have intervened in the case concerning the Genocide Convention brought by Ukraine against Russia before the International Court of Justice (ICJ). Sweden takes a restrictive approach on such interventions, and this is the first time that Sweden has chosen to intervene in a case before the ICJ.
   
   
2. We are one of the initiators of the creation of a damage register for Ukraine, which aims to record damage claims and evidence related to damage caused by Russia’s aggression. This work is continuing with the formation of a commission that will examine claims.
   
   
3. We have been involved in driving forward the establishment of a tribunal to ensure accountability for the crime of aggression committed against Ukraine. On 9 May, in Ukraine, we reached a political agreement on the structure of the tribunal. This is historic. International accountability for crimes of aggression have not been held since the Nuremberg and Tokyo trials following the Second World War.  

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Today’s theme is international law in our neighbourhood, but I would like to say a few words about how we are also standing up for international law globally. 

What is unfolding before our eyes in Gaza is nothing short of a humanitarian disaster. It is unacceptable that Israel did not allow any humanitarian aid to reach the civilian population for more than two months and that the aid now getting through is entirely inadequate. It is hard to see how Israel is living up to its specific responsibilities as an occupying power in accordance with international humanitarian law.  

With the aim of increasing pressure on Israel to immediately allow humanitarian access, we welcome the European Commission’s review of whether Israel is complying with Article 2 of the EU-Israel Association Agreement relating to human rights. 

But this risks taking time. We must therefore focus on what we can do here and now to increase the pressure [on Israel]. In our conversations with the Israeli Government, my colleagues in the Government and I have repeatedly demanded the resumption of humanitarian access. We will continue to do this. We take a very serious view of our and others’ calls not being heeded. Blocking the delivery of food and other humanitarian aid to civilians is indefensible and is in breach of humanitarian law. 

Life-saving humanitarian aid must never be used as a political or military means of coercion. 

Sweden continues to push for sanctions against violent settlers and will work proactively for the introduction of EU sanctions against extremist ministers who promote an illegal settlement policy and actively counteract a future two-state solution. Israel has the right to defend itself, but this right must be exercised in compliance with international law, including international humanitarian law.

The Israeli Government’s expanded military offensive with large-scale forced displacements is unacceptable. The Government condemns Netanyahu’s latest statement that Israel should take control of the whole of Gaza. The Government has been clear that Gaza’s territory must not be reduced, altered or annexed, which would contravene international law. 

We continue to also be extremely clear regarding the demand that Hamas must release hostages immediately and unconditionally and that there is no place for Hamas in the future governance of Gaza.

What is needed is a ceasefire and an end to hostilities. 

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Respect for agreements creates predictability – which is a condition for a stable, fair and economically prosperous world. International law is not only about war and peace. We are dependent on international cooperation and rules in many areas. International trade, climate agreements and the Law of the Sea to name just a few examples. 

Sweden’s support to the international courts is unwavering. We fully respect their independence. The International Criminal Court (ICC) is currently under threat and attack. Russian authorities have issued arrest warrants against several of the Court’s employees, which is unacceptable. We are also deeply concerned over US sanctions against the Court and are discussing within the EU what we can do to address them. 

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International law also includes states’ obligations to guarantee all people’s enjoyment of human rights. This is a prerequisite for peace and security, and for sustainable development. Russia’s full-scale invasion of Ukraine demonstrates an increasingly clear connection between internal repression and external aggression. 

Human rights, equality, democracy and the rule of law are under threat. 

We see this in the attempts to turn back the clock on issues such as equality, sexual and reproductive health and rights and LGBTIQ people’s enjoyment of human rights;

And we see it in the increasing attacks on independent media, independent judiciary, civil society and democracy – and human rights defenders in more and more parts of the world.

At a time when human rights are being challenged on many fronts, it is more important than ever to collaborate to defend them. One example is the UN’s Universal Periodic Review, in which all UN Member States participate. At the beginning of May it was once again time for the human rights situation in Sweden to be examined with this important tool.

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International law alone can not prevent conflict. But it does provide a framework for peaceful conflict resolution, accountability and redress. 

But international law is more than that. It is our joint pledge that conflict must not be resolved with violence and that might does not make right. 

We must continue to stand up for our interests, for rules and for values. Ultimately, to protect our democracy, freedom, independence and freedom of action. 

I often hear people say that Sweden is a small country. But that’s not entirely true. On these issues, Sweden is big. There are many of us who care about what is right and stand up for it. The work that you do – civil society organisations, representatives of government agencies and academics – matters. It’s probably more important than ever. 

I would now be happy to take any questions. 

Thank you!