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.

For more resources on this Critical Issue, visit PeaceWomen Resource Center >>

As the Secretary-General noted in his report, national courts remain the prin...

Extract: 

As the Secretary-General noted in his report, national courts remain the principal venue for holding individuals accountable for crimes of sexual violence. At the same time, the lack of adequate national capacity and expertise to investigate and prosecute acts of sexual violence remains one of the main impediments to ensuring accountability.

It is imperative that all parties to armed conflict strictly abide by their o...

Extract: 

It is imperative that all parties to armed conflict strictly abide by their obligations under international humanitarian and human rights law. Azerbaijan reiterates its strong condemnation of all acts of sexual violence in conflict. There can be no tolerance for such acts, and all the necessary measures must be taken to bring perpetrators to justice and put an end to impunity.

The establishment of rules with respect to gross violations of international ...

Extract: 
The establishment of rules with respect to gross violations of international humanitarian and human rights law, including sexual violence in conflict, and the provision of adequate and effective reparations are measures that aim, inter alia, to repair or reduce the immediate and long-term harm experienced by victims of such violations.

Ending impunity is critical to driving change. As a deterrent, it is a critic...

Extract: 

Ending impunity is critical to driving change. As a deterrent, it is a critical part of a prevention strategy. We must make the best use of the tools at the Council's disposal to target perpetrators of sexual violence in conflict, whether individuals, armed groups or States, and whether they commit, command or condone violations.

At the national and international levels, criminal justice mechanisms must de...

Extract: 

At the national and international levels, criminal justice mechanisms must develop dedicated sexual violence expertise to ensure that crimes are effectively prosecuted, survivors get the support they need, and perpetrators are convicted.

Security sector reform, and disarmament, demobilization and reintegration pro...

Extract: 

Security sector reform, and disarmament, demobilization and reintegration processes, are essential to rebuilding communities. Measures against sexual violence must be integral to them. Too often, perpetrators of sexual violence are themselves allowed to assume positions of power in post-conflict settings. We must strengthen efforts to ensure appropriate levels of preventive vetting.

I think that remembering, truth, justice and reparation — I say that to...

Extract: 

I think that remembering, truth, justice and reparation — I say that to you, Madam President, in particular — is the only way to put an end to impunity. Certainly, Rwanda, Argentina and all countries that have suffered extreme violence know that remembering is the basis for moving forward in order to prevent the repetition of such events today, tomorrow, yesterday and forever.

We agree with the need for security-sector reform, which should include train...

Extract: 

We agree with the need for security-sector reform, which should include training in human rights, particularly the human rights of women and children, and take into account the need to prevent sexual violence.

Afghanistan is fully committed to preventing all forms of violence against wo...

Extract: 

Afghanistan is fully committed to preventing all forms of violence against women, including sexual violence. In that regard, in 2009, we enacted a law on the elimination of violence against women, which provided for stronger judicial means to combat violence. Throughout the country, perpetrators of such crimes are increasingly being held accountable where such crimes are committed, with their cases being prosecuted before the law.

However, we remain concerned about the human rights situation in Afghanistan,...

Extract: 

However, we remain concerned about the human rights situation in Afghanistan, in particular the violence against women. In that regard, however, we need to view the situation from a historical perspective and to remember what was the condition of women during the Taliban regime. We are encouraged by the resolve of the Afghan Government in implementing the Law on Elimination of Violence against Women in Afghanistan.

Pages