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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It is a matter of deep regret that the international community must repeatedl...

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It is a matter of deep regret that the international community must repeatedly debate the issue of sexual and other forms of violence against women and girls in situations of armed conflict. That abhorrent behaviour, whether perpetrated by the parties to the armed conflict or by others, must be unequivocally, unambiguously and resolutely condemned. There should be no tolerance for gender-based violence.

We agree to a large extent with the specific recommendation of the Secretary ...

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We agree to a large extent with the specific recommendation of the Secretary General. We must bring greater pressure to bear against those responsible for acts of sexual violence in armed conflict.

We recognize that the mandate of combating sexual violence in situations of c...

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We recognize that the mandate of combating sexual violence in situations of conflict is a very complex one. When these crimes are perpetrated in a massive and systematic way against women and girls by armed groups, they have the aim, among other aspects, to punish, humiliate and destroy the fabric of society. Moreover, very often this widespread violence includes discriminatory attitudes, sheltered by a culture of impunity.

Secondly, we must accelerate our fight against impunity. Perpetrators have to...

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Secondly, we must accelerate our fight against impunity. Perpetrators have to be brought to justice. Bearing in mind the main responsibility of States to investigate and prosecute, the Security Council also has a role to play.

We also welcome the establishment of a list of parties, annexed to the report...

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We also welcome the establishment of a list of parties, annexed to the report of the Special Representative, pursuant to resolution 1960 (2010). This list should make it possible to improve communication of information on troubling situations. It is indeed a decisive step forward in combating impunity for the perpetrators of sexual violence, another imperative in our combat against this scourge.

It is crucial to sustained peace and development that we address impunity for...

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It is crucial to sustained peace and development that we address impunity for sexual violence. It is the duty of all States to investigate and prosecute those crimes.

When discussing sexual violence, let us not forget the burden borne by victim...

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When discussing sexual violence, let us not forget the burden borne by victims. Under the Rome Statue, victims of crime have the opportunity to participate in proceedings before the Court. Victims of sexual violence also require targeted assistance of the sort rendered by the Trust Fund for Victims established by the Statute.

We strongly support the mandate of the Special Representative, including the ...

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We strongly support the mandate of the Special Representative, including the requirement to provide periodic statements as important updates on the state of sexual violence in conflicts around the world. Special Representative Wallström has been an important advocate for the fight against conflict-related sexual violence, and we especially appreciate her focus on the accountability dimension.

Sexual violence can be a crime of international concern, especially if it is ...

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Sexual violence can be a crime of international concern, especially if it is part of a widespread or systematic campaign and can therefore constitute a war crime, a crime against humanity or even an act of genocide. The need to ensure accountability for such crimes is self-evident.

It is incumbent on the Council to react effectively to acts of sexual violenc...

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It is incumbent on the Council to react effectively to acts of sexual violence when it is likely that they amount to the most serious crimes under international law. Council action should be based on credible reports, including those of the Secretary-General.

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