Justice, Rule of Law and Security Sector Reform

I remain profoundly concerned at continuing reports of attacks, including aerial bombing, carried out by the Sudanese Armed Forces in populated areas of the Jebel Marra region of Darfur. These have resulted in civilian deaths and injuries, and some 100,000 people have been displaced.

I am encouraged that the majority of speakers have referred to the core challenges that we face in enhancing the protection of civilians and the need to redouble our efforts in that regard. Many speakers have underlined the need for compliance by parties to conflict with their obligations to protect civilians and the significance, in that respect, of ensuring the accountability of those who violate the law.

Humanitarian actors face potential criminal liability and prosecution for engaging with designated terrorist organizations in the course of, for example, securing the release of child soldiers or for simply delivering aid to civilian populations in an area controlled by such an organization. Measures of this sort can take us further from, rather than nearer to our goal of protecting civilians.

Finally, reference has been made to the nature of contemporary conflict marked by the struggle against non-State armed groups in so-called asymmetric warfare. I acknowledge the complexity of those challenges and would emphasize that international humanitarian law is no less relevant in those contexts.

As the Secretary-General's report notes, the progress made in the last 18 months has been in the further strengthening of the Council's approach to protection. That has been embodied in the Council's thematic resolutions on the protection of civilians, on women and peace and security, and on children and armed conflict.

As emphasized in resolution 1894 (2009), the primary responsibility for ensuring accountability for violations of humanitarian and human rights law rests first and foremost with States. In practical terms that means disseminating information about international humanitarian and human rights law. It means training combatants and ensuring that their orders and instructions comply with international law and are observed.

Thirdly, with regard to enhancing accountability, the perpetrators of violations of international humanitarian law must be brought to justice. Norway firmly believes that we need to enhance the effectiveness of accountability mechanisMs. We welcome the commitment of the Security Council to establish a stronger protection framework for children in armed conflict, most recently through resolution 1882 (2009).

As the Secretary-General underlines, the proliferation of non-State armed groups has exacerbated the difficulties involved in protecting civilians. When these groups violate international law, they must be brought to justice by the international community. In addition, humanitarian agencies must ensure that humanitarian work is not used by these groups for political ends.

Our obligation to respect and enforce respect for international humanitarian law requires us not only to make use of the instruments at our disposal to ensure peace, security and international justice, but also to formulate a robust culture of respect that does away with impunity and repairs the harm inflicted on civilians in armed conflict.

We agree with the Secretary-General that accountability mechanisms should first and foremost be established at the national level. This is in line with the principle of complementarity enshrined in the Rome Statute of the International Criminal Court, which reaffirms the primary responsibility of States to prosecute and punish the most serious crimes under international law.