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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Thirdly, we support the idea that all parties to conflict should prepare spec...

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Thirdly, we support the idea that all parties to conflict should prepare specific plans of action for ending acts of sexual violence in conflict situations on the Council's agenda. This would enable the international community to provide specific support to the actors concerned in fulfilling their obligations. Further, it would contribute to a transparent and objective follow-up by the Security Council.

Secondly, it is important to increase pressure on conflict parties and indivi...

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Secondly, it is important to increase pressure on conflict parties and individuals to comply with international humanitarian and human rights law, and to enhance efforts to end impunity for conflict-related sexual violence. To that end, the Security Council has a range of tools including, but not limited to, the use of the sanction system or the competence to refer matters to the International Criminal Court.

The situation is exacerbated by the intolerable impunity that many perpetrato...

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The situation is exacerbated by the intolerable impunity that many perpetrators of those crimes enjoy, which allows the problem to be perpetuated over time and prevents it from being fought effectively. Combating that impunity should indeed be our main priority and tried in the appropriate forums, including the International Criminal Court.

First, in cooperation with the Government of the Netherlands, we have launche...

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First, in cooperation with the Government of the Netherlands, we have launched a joint civilian-military training exercise on gender-based violence and the protection of civilians, as mentioned yesterday by the Permanent Representative of the Netherlands in his statement. Secondly, Spanish cooperation funds activities promoted by civil society to combat sexual violence in situations of conflict in Colombia, Peru, Ecuador and Brazil.

Sexual violence in conflict and post-conflict situations takes many forms, ...

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Sexual violence in conflict and post-conflict situations takes many forms, not just rape. Under international law, sexual violence constitutes different forms of crimes and acts. Although the victims of sexual violence are predominantly women and girls, we should not forget that sexual violence is also committed against boys and men.

Unfortunately, in spite of the existence of an entire arsenal of internationa...

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Unfortunately, in spite of the existence of an entire arsenal of international instruments on human rights and international humanitarian law, civilian populations continue to be subjected to violence and to suffer in armed conflicts and in post-conflict situations. Sexual violence is, of course, a repulsive crime that requires decisive condemnation and severe punishment.

Recent events in the Democratic Republic of the Congo have shown how acute th...

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Recent events in the Democratic Republic of the Congo have shown how acute the problem can be. We advocate a thorough investigation of all incidents and punishment of the guilty. Only in this way can we put an end to the reign of impunity that criminals enjoy, in the overwhelming majority of cases, and thereby eradicate that reprehensible practice.

Thirdly, we need to increase the participation of women in peace processes an...

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Thirdly, we need to increase the participation of women in peace processes and to strengthen their capacity. The full participation of women, particularly local women, in such efforts is essential to creating inclusive and sustainable peace. Research conducted

First, it is essential to grasp the reality of sexual violence committed in a...

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First, it is essential to grasp the reality of sexual violence committed in armed conflict through reliable, timely and objective information, as well as to ensure that, in turn, perpetrators are identified and brought to justice.

"Concerning the Council's action on this issue, we believe that the Coun...

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"Concerning the Council's action on this issue, we believe that the Council has been quite successful but that it still needs to reinforce its effectiveness. The mass rapes in eastern Democratic Republic of the Congo in July and August emphasize the need for further action by the international community.

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