Justice, Rule of Law and Security Sector Reform

Allow me to conclude by reiterating that Mexico is convinced that there can be no lasting peace without justice and that there is no room for amnesty for international crimes, such as that of sexual violence in conflicts

Without a doubt, ending impunity is critical in ending sexual violence, whether it is committed by individuals, groups or States. Nonetheless, Member States bear the primary legal and moral responsibility for the protection of their civilian populations.

In that context, we welcome today's adoption of resolution 2106 (2013) on the issue discussed. My delegation hopes that there will be sufficient impetus for the actual realization of the relevant resolutions, including the landmark resolution 1325 (2000), to increase women's participation in the area of peace and security.

In our effort to secure peace and security, we must move urgently to replace the prevailing culture of impunity with one of deterrence that promotes the need for the rule of law, justice and accountability. Malaysia views accountability as a duty of Member States under both domestic and international law. The national system in that regard should be steered towards meeting international standards in ensuring accountability and justice.

We all know that regardless of cultures and backgrounds, cases of sexual violence are not always reported, either because the survivors fear being ostracized or because they fear for their lives or those of their relatives, or for both reasons at once. We must therefore make every effort to ensure protection for victims. It is also important to protect the human rights advocates who struggle daily to make the survivors heard.

National courts are primarily responsible for prosecuting and trying the perpetrators of sexual violence associated with armed conflict. States must likewise assume their responsibilities by taking the steps necessary to incorporate into their national legislation provisions criminalizing sexual violence and excluding amnesty laws for the most serious crimes, including sexual violence.

My delegation applauds the efforts made in this regard by the International Criminal Court (ICC). The actions and proceedings before the ICC have clearly helped to strengthen the fight against impunity. I recall in this context that the issue of a second arrest warrant against General Bosco Ntaganda includes counts of crimes against humanity, rape and sexual slavery.

Finally, in the fight against impunity and to end sexual violence related to conflict, it is important for the Council to continue to discharge its responsibilities, provide concrete follow-up to its decisions, adopt, if necessary, targeted measures to increase the pressure on perpetrators, and systematically inscribe the alleged perpetrators of sexual violence on sanctions committee lists, taking into account the information provided by the S

But we must be clear — whatever the reason, many countries in post-conflict situations do not have and will not have in the medium term a legal system capable of judging, with all the guarantees of fair justice, the perpetrators of these crimes. In such circumstances, under the principle of complementarity, international criminal justice must fulfill its supplementary role.

Both restorative and punitive, justice can play a prevention role in terms of future conflict by deterring potential perpetrators from committing crimes. By the same token, justice must enable victims to gain recognition for wrongs they have experienced, and thereby facilitate the process of remembrance and reparation, eventually leading to reconciliation and peacebuilding.