Justice, Rule of Law and Security Sector Reform

With regard to accountability for crimes related to sexual violence, we feel that accountability requires not only careful investigations and prosecutions of those responsible, but a broader acceptance of political, legal and moral responsibility by individuals and institutions for past violations. Malaysia views accountability as a duty under both domestic and international law.

Malaysia joins other Member States in strongly condemning acts of sexual violence against women and girls. We feel there is an urgent need to address the factors and underlying reasons that such acts continue. More energy should be put into integration efforts, with no groups excluded from participation in disarmament, demobilization, reintegration and security-sector reform.

It is a worrying trend that sexual violence in those contexts remains universally under-reported, for which a lack of adequate national capacity and expertise for investigating and prosecuting acts of sexual violence remains one of the main causes.

The fight against sexual violence must also be integrated into all security sector and justice reform processes worthy of the name. In that regard, Luxemburg has supported a number of workshops, including in South Sudan and Liberia, aimed at strengthening the contribution of United Nations peacekeeping operations to the implementation of resolution 1325 (2000).

Once the perpetrators of sexual violence have been identified, the Council can and must, through the adoption of targeted measures, step up pressure on those responsible so that they are brought to justice before a competent court and judged.

It is under national jurisdictions that perpetrators should primarily be tried, and we must therefore support national Governments in their fight against impunity. Based on the principle of complementarity, international criminal justice still has an important role to play, and we very much welcome the efforts undertaken in that regard by the International Criminal Court.

In that context, it is noteworthy that a second arrest warrant has been issued against General Bosco Ntaganda, incorporating the major accusations of crimes against humanity, rape and sexual slavery. Today, Bosco Ntaganda is in The Hague to be judged for his crimes. I would like to take this opportunity to thank all Member States that contributed to his transfer to the Court.

Every victory against impunity is a victory against sexual violence, for only the certainty that a crime will not go unpunished is a real deterrent. The fight against impunity is also the first step in reinstating the rights of victims. It is not the only step: it is also necessary to take measures such as granting compensation to repair, as far as possible, the consequences of the damage caused.

Tackling impunity is hard to imagine without a robust monitoring and reporting system. That may be easier said than done, however, especially where technical capacities are inadequate or where a critical lack of confidence in transitional justice create serious impediments.

The progress achieved in addressing the issue of sexual violence in conflict since the International Criminal Tribunals for the Former Yugoslavia and Rwanda placed sexual aggression on the agenda of post-conflict justice is undeniable. The relevant Security Council resolutions have created an extensive toolkit for tackling conflict- related sexual violence.