[AMM] The delegates of the non-interventionist bloc propose an ASEAN Court of Justice – delegate of the European Union

Written by Russian News Agency TASS

The delegate of Russia is becoming increasingly concerned about the ASEAN Court of Justice initiated by the European Union.

AMM, June 16. /TASS/. The delegate of Russia warns against the non-interventionist bloc regarding their proposal of an ASEAN Court of Justice. The ASEAN Court of Justice will be modelled after the International Court of Justice. The delegate of Russia acknowledges that there is a need for a proposal as such, but cautions that this may be biased or ineffective, diminishing the overall efficacy of ASEAN.

Ever since its formation, ASEAN has constantly prioritised ‘The ASEAN Way’, including its Non-Interference Policy (NIP), which has occasionally hindered conflict resolution.1 To address this, the European Union and Brunei, part of the non-interventionist bloc, have initiated an ASEAN Court of Justice (ACOJ) where all member states’ participation is voluntary.

“When internal or regional conflicts occur, countries are encouraged to solve the problems themselves first. Only when these conflicts cannot be resolved within themselves will the ASEAN Court of Justice (ACOJ) meeting be held. The ASEAN Court of Justice (ACOJ) consists of representatives from each ASEAN country to discuss possible consequences of offenders,” the delegate of the European Union proposed.

Speaking at the ASEAN Foreign Ministers Meeting, the delegate of Russia states, “Russia is becoming increasingly concerned about the idea of the Court of Justice proposed by the European Union. This is due to the country’s complex and mostly negative experiences with the International Court of Justice in the past. One example is the biases by the ICJ when they ordered us to suspend special operations in Ukraine,2 which was uncalled for.”

He underscores, “As such, before the delegate of Russia can put support behind this proposal, this delegate would like more discussions by the EU and their partners to ensure that the ASEAN Court of Justice is truly unbiased.”

Under this proposal, each member state will send a representative to join the AMM Representative Body (ARB), where they will discuss and decide if a breach has been made, and by which country. This will be done in a timely manner, where members will meet as conflict arises. The ARB will then issue a warning before referring the stakeholders to the ASEAN Court of Justice (ACOJ).

The ASEAN Court of Justice (ACOJ) will be made up of judges from ASEAN, and they will assign tiered consequences for offenders: for first-time or less severe offenders, they will firstly get advice and aid, while repeat offenders or those involved in more severe cases will face outcomes such as trade sanctions and embargoes.

Apart from noting the possible biases, the delegate of Russia cautioned that the Court of Justice may be ineffective. He explains, “The Court is consent-based, where the jurisdiction of the Court is dependent on the consent of the states involved. If a country does not agree to appear before the Court, the Court is also unable to force them to do so. Thus, the Court of Justice may not prove to be very productive.”

The delegate of Russia still emphasises the importance of ASEAN, especially in an increasingly polarised world. As such, he notes the necessity of improving ASEAN’s productivity in dealing with regional conflict, “It is crucial to strengthen ASEAN’s coordinating functions to effectively manage global issues, at the same time, adhering to global principles of international law.”

He continues, “This will ensure continued economic growth, as well as regional stability in ASEAN and the world.”

To guarantee the effectiveness of ASEAN in regional conflict resolution, the delegate of Russia is hence slightly worried about the initiative of the ASEAN Court of Justice.

Thus, the delegate of Russia urges the non-interventionist bloc to revise the European Union’s initiative of the ASEAN Court of Justice.

Written by Wang Chenxin, Lin Yi, and Soon Qi Shuang, Charlotte