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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We should like to see United Nations reports, particularly that of the indepe...

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We should like to see United Nations reports, particularly that of the independent international commission of inquiry on the Syrian Arab Republic, as well as the information conveyed by the United Nations High Commissioner for Human Rights, which contains tangible information on the crimes I have just described, to militate for a swift referral to the International Criminal Court.

With regard to ensuring women's leadership and the participation of women in ...

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With regard to ensuring women's leadership and the participation of women in peace processes and conflict resolution, those processes should also recognize explicitly the need to address crimes of sexual violence, as they lay the foundation for future institution-building and political and legal reforms.

With regard to ensuring the prosecution of crimes of sexual violence and puni...

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With regard to ensuring the prosecution of crimes of sexual violence and punishing perpetrators of crimes against women and girls under national and international law, we emphasize the significant advancement in international law made by the Rome Statute of the International Criminal Court (ICC), which includes sexual violence in the definition of crimes, in particular as a crime against humanity, and note that the ICC, as well as the non-perm

The European Union continues to implement its dedicated policy on women and p...

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The European Union continues to implement its dedicated policy on women and peace and security, as well as to support initiatives to strengthen international criminal justice and the rule of law. The EU now has gender advisers and/or human rights focal points in each of its crisis management missions and operations.

The International Criminal Tribunals for the former Yugoslavia and Rwanda dev...

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The International Criminal Tribunals for the former Yugoslavia and Rwanda developed groundbreaking international jurisprudence outlawing rape and sexual violence during war. Investigating and prosecuting gender crimes has also been an integral part of the investigative and prosecutorial strategy of the Special Court for Sierra Leone.

The ICC has also proven itself to be sensitive to gender crimes in practice. ...

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The ICC has also proven itself to be sensitive to gender crimes in practice. The Prosecutor gives priority to sexual and gender-based crimes from the outset of its preliminary investigations. Charges for gender-based crimes have so far been brought in cases arising from six of the eight situations.

In a similar vein, in his report of March 2013 on sexual violence in conflict...

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In a similar vein, in his report of March 2013 on sexual violence in conflict (S/2013/149), the Secretary- General notes that national courts remain the principal venue for holding individuals accountable for crimes of sexual violence and that the national authorities should be supported in that regard.

Despite the increasing international focus on sexual violence in conflict, pe...

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Despite the increasing international focus on sexual violence in conflict, perpetrators of sexual violence are rarely held accountable. The vigorous investigation and prosecution of perpetrators are, however, necessary to deter and halt such violence.

We believe that if each State establishes a national framework, international...

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We believe that if each State establishes a national framework, international ones will be strengthened. No one should be beyond the reach of national or international justice in cases of gender violence, particularly sexual violence in situations of conflict.

In keeping with these constitutional foundations, reforms to the penal code w...

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In keeping with these constitutional foundations, reforms to the penal code were introduced in 2010, and a chapter was included on crimes against people and goods protected by international humanitarian law, incorporating the crimes covered by the Rome Statute and providing for the severe punishment with extended prison sentences of 16 to 25 years for any military personnel who commit acts of a sexual or reproductive nature, including rape, ag

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