Justice, Rule of Law and Security Sector Reform

The Justice, Rule of Law, and Security Sector Reform theme focuses on the application of a gender perspective into the post-conflict process of reforming security and justice institutions, with the aim of ensuring transparent, accountable, and effective services.

Huge gaps remain in area of security sector and justice reform although the United Nations and the Women, Peace and Security resolutions have stressed that Justice and SSR must be gender sensitive throughout planning, design, implementation, monitoring, and evaluation phases.

The Women, Peace, and Security resolutions stress the particular need for improved security sector responses to address and prevent SGBV. Member States are urged to undertake comprehensive legal and judicial reform to better protect women from violence (1888, OP6). Reiterating the call for prosecutions to end impunity (1325,OP11), Member States are called upon to investigate and bring perpetrators of sexual violence to justice (1820,OP4; 1888,OP6).

To help strengthen national judicial systems, and identify gaps in national responses to sexual violence, the Security Council requests that a UN team of experts work with national officials to enhance criminal responsibility for crimes of sexual violence (1888,OP8). Vetting armed forces to ensure the exclusion of those associated with past actions of rape and other forms of sexual violence is an essential component of Justice and SSR (1820, OP3; 1888, OP3). Finally, it is critical that access to justice, protection, and redress for survivors of sexual violence is ensured (1820, OP4; 1888,OP6-7).

The resolutions set out specific obligations, in addition to broader guidelines, for transitional justice and justice reform within SSR. Women’s rights must be ensured in the reform and rebuilding of the police and judiciary (1325,OP8), and within peace agreements. To facilitate this, SCR 1820 calls for the inclusion of women and women’s organisations in all UN-assisted reform efforts (OP10). Justice and SSR are crucial components of peacebuilding, and have a direct impact on a country’s ability to achieve sustainable peace. Both gender mainstreaming in policy making, and the participation of women, are integral to successful reform.

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Luxembourg backs the partnership between the intergovernmental Justice Rapid ...

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Luxembourg backs the partnership between the intergovernmental Justice Rapid Response and UN Women. In cooperation with the Institute for International Criminal Investigations, that partnership has made it possible to establish a list of specialized experts on the investigation of acts of sexual violence. In that way, experts can be rapidly deployed as required.

Justice in times of armed conflict or in post- conflict situations does not f...

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Justice in times of armed conflict or in post- conflict situations does not fundamentally differ from justice in times of peace. The objective of justice is always to come to a decision with regard to a wrong committed by one individual to the detriment of another: to ascertain its severity, to impose punishment and, where necessary, to order reparations.

It is therefore essential that women be heard during peace processes and that...

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It is therefore essential that women be heard during peace processes and that they be involved in security sector and justice sector reforms. In a word, women must be full-fledged stakeholders rather than just spectators of reconstruction and peacebuilding.

In that context, one cannot but emphasize the importance of transitional just...

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In that context, one cannot but emphasize the importance of transitional justice. Not only does it allow the possibility to redress past wrongs, but it also affords an opportunity to transform women's situations, thereby guaranteeing lasting peace in a more egalitarian society.

We must pay greater attention to providing better support for victims, includ...

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We must pay greater attention to providing better support for victims, including by ensuring protection for witnesses, victims and justice officials, providing reparation mechanisms and ensuring the systematic inclusion of women in all aspects of conflict resolution. United Nations special representatives, peacekeeping and political missions and United Nations agencies have a much greater role to play.

Strengthening international and national justice responses to conflict-relate...

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Strengthening international and national justice responses to conflict-related violence against women is crucial. In the aftermath of conflict, it is vital to develop transitional justice mechanisms and institutions and to rebuild the rule of law to protect women's rights.

Transitional justice cannot be a substitute for accountability. It should not...

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Transitional justice cannot be a substitute for accountability. It should not limit the access of victims to reparations. Blanket amnesties cannot be extended to conflict-related sexual violence. We must pay greater attention to delivering reparation programmes and funding. We continue to support the wider Council practice of including sexual violence in the designation criteria for targeted sanctions.

The Rome Statute of the International Criminal Court (ICC) has significantly ...

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The Rome Statute of the International Criminal Court (ICC) has significantly contributed to ending impunity for gender-based crimes, and its Prosecutor has declared the issue of sexual violence to be one of the priorities of her work. Indeed, 18 of the persons currently accused in the Court's cases are charged with sexual crimes.

A pervasive culture of impunity continues to be a major challenge in the area...

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A pervasive culture of impunity continues to be a major challenge in the area of women, peace and security. Accountability, human rights and the rule of law are recognized preconditions for successful political transition and development, but women are too often denied full and equal access to justice. States must offer effective and universally accessible national judicial systems and provide all victims with support, protection and redress.

Turning to the first topic, let me emphasize that women should be involved an...

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Turning to the first topic, let me emphasize that women should be involved and participate in the whole crisis cycle, from the prevention and resolution of conflict to reinstating justice and the rule of law in post-conflict settings. Women play a particular role in voicing women's rights and concerns early on and in preventing backsliding on women's rights in post-conflict governance.

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