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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Impunity cannot be the rule. In that regard, the United Nations must help St...

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Impunity cannot be the rule. In that regard, the United Nations must help States to establish appropriate cooperation mechanisms, particularly through bilateral or regional extradition agreements to deal with perpetrators. Effective mechanisms must also be put into place that take into account the needs of women who have been victims of sexual violence, who are often abandoned to their fate.

Fourthly, we should promote cooperation between international jurisdictions a...

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Fourthly, we should promote cooperation between international jurisdictions and national courts in order to track down, arrest and bring to justice the perpetrators of violence in order to put an end to the culture of impunity.

The international community, above all the United Nations, must become more i...

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The international community, above all the United Nations, must become more involved on a legal level in the search for solutions to the problems raised by the commission of these horrific sexual crimes, particularly rape. That means that they must encourage recourse to national courts or international courts competent in that area to apprehend the perpetrators and thus fight against impunity.

My country has examined the Secretary-General's report on sexual violence in ...

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My country has examined the Secretary-General's report on sexual violence in armed conflict (S/2013/149) and the information it contains, submitted by the Special Representative. We support all efforts aimed at putting an end to all forms of the crime of sexual violence in conflict, ending impunity and punishing perpetrators and those who incite such violence.

Thirdly, and finally, Switzerland heeds the Secretary-General's call for the ...

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Thirdly, and finally, Switzerland heeds the Secretary-General's call for the recruitment of women's protection advisers as members of United Nations assessment teams. We draw attention to the Justice Rapid Response initiative. It is an intergovernmental support mechanism that can provide the international community and the Security Council with rapidly deployable expertise.

That leads me to my second point, on reparations. They can have a transformat...

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That leads me to my second point, on reparations. They can have a transformative effect and should be an integral part of post-conflict transition initiatives. As UN-Women explained in a recent document, reparations are the most victim-centred transitional justice measures. In that connection, we are obliged to think beyond the traditional approach.

Combating sexual violence in conflict requires the adoption of measures for t...

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Combating sexual violence in conflict requires the adoption of measures for the prevention, protection and prosecution of the perpetrators. In all those areas, the victims' cooperation is essential. However, as the Secretary-General's report points out, the lack of adequate information and fear of reporting for cultural and social reasons, which tend to increase in times of conflict, are serious obstacles to such collaboration.

Spain also shares the conclusions of the report regarding the role of the Int...

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Spain also shares the conclusions of the report regarding the role of the International Criminal Court. While the primary responsibility for the trial of suspects for acts of sexual violence lies with national courts, the Court plays a crucial complementary role at the international level.

As I already mentioned, Spain fully supports the recommendations contained in...

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As I already mentioned, Spain fully supports the recommendations contained in the report of the Secretary-General, but would like to highlight those that relate to the need to define a mechanism to monitor the obligations of parties to conflict as set forth in resolution 1960 (2010) — including the possibility of referring cases to the International Criminal Court — and in particular to those pertaining to disarmament, demobilizati

We recognize the importance of women's access to justice in conflict and post...

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We recognize the importance of women's access to justice in conflict and post-conflict settings, including through gender-responsive legal, judicial and security sector reform and other mechanisms. In that regard, my delegation appreciates the commendable work undertaken by the Team of Experts on the Rule of Law and Sexual Violence in Conflict.

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