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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As has been done in Guatemala, the issue of sexual violence in conflict and p...

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As has been done in Guatemala, the issue of sexual violence in conflict and post-conflict situations should be reflected in concrete decisions included in peace accords, especially in matters related to security and transitional justice. We support the Council's promotion of peace and reconciliation processes and agreements ending conflicts that address the issue explicitly and thus promote respect for the dignity of victims.

We welcome the focus of today's debate on addressing accountability and the f...

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We welcome the focus of today's debate on addressing accountability and the fight against impunity. Let me be clear — our ultimate goal has to be, first and foremost, the prevention of sexual violence in conflict. In cases where acts of sexual violence have already occurred, it is indispensable that perpetrators be immediately brought to justice and survivors receive adequate support and redress.

The German Centre for International Peace Operations offers special pre-deplo...

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The German Centre for International Peace Operations offers special pre-deployment courses on establishing the rule of law, which emphasize the need to prosecute sexual violence and raise awareness for gender-based violence.

Secondly, when sexual violence constitutes a crime against humanity, a war cr...

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Secondly, when sexual violence constitutes a crime against humanity, a war crime or even genocide, it has to be subject to punishment and has to be excluded from amnesty provisions.

Let me stress some important points and provide some practical examples. Firs...

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Let me stress some important points and provide some practical examples. First, it cannot be stressed enough that part of any effective prevention of sexual violence is the equal involvement of women. Not only the consideration of their special needs, but also their participation in all stages of decision-making processes are essential.

Let me end by stressing that the Security Council has a role to play in monit...

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Let me end by stressing that the Security Council has a role to play in monitoring the commitments made by parties to conflicts. In this regard, it can and should do more to hold perpetrators accountable.

Thirdly, we must take to the fight against impunity with earnest; stigma and ...

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Thirdly, we must take to the fight against impunity with earnest; stigma and shame must switch sides so that the victims are no longer those who suffer the consequences of the crimes. That task falls above all to Governments, which have the responsibility to prosecute and punish. However, as has been said, if the State is unable to so act, the International Criminal Court, which is universal, must and should play its role

There has also been judicial progress. The ad hoc tribunals established by th...

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There has also been judicial progress. The ad hoc tribunals established by the Council and the International Criminal Court (ICC) have gradually included sexual violence as crimes under their jurisdiction.

In my opinion, and in conclusion, four actions must be continued in the fight...

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In my opinion, and in conclusion, four actions must be continued in the fight against sexual violence. These four actions seek four goals, the so-called “four Ps” rule: preventing violence, protecting victims, prosecuting perpetrators, and women's participation in the peace and reconstruction process.

In Mali, the President of the Republic has underscored that the French interv...

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In Mali, the President of the Republic has underscored that the French intervention was in fact also based on the need to defend the rights of female victims of violence. The deployment of the United Nations Multidimensional Integrated Stabilization Mission in Mali, the political process currently under way and the elections to come will, we hope, assist in re-establishing peace and stability in the country.

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