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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The fight against impunity for all forms of gender violence is essential to p...

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The fight against impunity for all forms of gender violence is essential to peace building processes. It is S/PV.6722 (Resumption 1) 12-23937 25 therefore necessary that States strengthen their judicial systems so that such cases can be duly and promptly brought to trial, including, whenever possible, women in those systems.

The report of the Secretary-General contained in document S/2012/33 gives the...

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The report of the Secretary-General contained in document S/2012/33 gives the impression that no action has been taken against perpetrators of sexual violence in Nepal. That is not corroborated by facts on the ground. Perpetrators of sexual violence have been punished by the judiciary.

The adoption of resolution 1960 (2010) in December 2010 was one element of a ...

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The adoption of resolution 1960 (2010) in December 2010 was one element of a series of initiatives aimed at bolstering the existing legal toolkit for tackling conflict-related sexual violence. We believe that the monitoring, analysis and reporting arrangements established under that resolution should allow for the collection of objective, reliable and credible data on acts of sexual violence.

The report of the Secretary-General also takes stock of situations of sexual ...

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The report of the Secretary-General also takes stock of situations of sexual violence in several regions of the world and of the measures taken by the parties in conflict to put an end to those acts by identifying those responsible, combating impunity of the perpetrators and masterminds, and making available medical, psychological and social assistance for victims and their families.

We support the recommendation of the Secretary General that sexual violence ...

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We support the recommendation of the Secretary General that sexual violence be included in the definition of acts that are prohibited under ceasefire agreements and peace and reconciliation processes. To date, only a few such agreements address this issue. If it is not addressed in an integrated way, there is a risk that sexual violence will continue to be used as a weapon of war.

One of the main challenges confronting the international community with rega...

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One of the main challenges confronting the international community with regard to sexual violence in armed conflicts is to bring those responsible to justice in order to put an end to the culture of impunity. To that end, the Security Council must take robust measures against all those who are involved in committing those deplorable acts, in a manner consistent with international law.

The report of the Secretary-General (S/2012/33) illustrates in a most alarmin...

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The report of the Secretary-General (S/2012/33) illustrates in a most alarming way how impunity linked to human rights abuses of the past, in particular acts of sexual violence perpetrated in armed conflict, is a major factor undermining early recovery and peace consolidation, and frequently allows sexual violence to persist.

allow me to highlight a positive development that has taken place since the p...

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allow me to highlight a positive development that has taken place since the publication of the Secretary-General's report. It was referred to today by the Special Representative, and I particularly value it in my capacity as Chair of the Guinea country specific configuration of the Peacebuilding Commission.

The Rome Statute of the International Criminal Court (ICC) has significantly ...

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The Rome Statute of the International Criminal Court (ICC) has significantly advanced international law by including sexual violence in the definition of crimes, in particular, as a crime against humanity. The ICC therefore represents an important mechanism in the fight against conflict-related sexual violence.

Sexual violence is used not only as a method of warfare during armed conflict...

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Sexual violence is used not only as a method of warfare during armed conflict, but also as a means to surreptitiously continue conflict after the guns have fallen silent. Sexual violence can be an important indicator in determining when conflicts might turn violent or when a conflict relapses into violence.

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