Justice, Rule of Law and Security Sector Reform

The effective delivery of humanitarian assistance is intrinsically linked to timely access to populations in need, as well as to the safety and security of those who provide assistance. The safety of humanitarian workers remains precarious.

Among the core principles of international humanitarian law are the distinction between combatants and non-combatants, proportionality of the use of force, and the imperative to take all feasible measures to minimize civilian casualties. Violations of these rules, such as the use of weapons of indiscriminate effect in densely populated areas and the denial of humanitarian access, warrant a clear response from the Security Council.

In his recent report (S/2010/579) on the subject of our debate today, Secretary-General Ban Ki-moon suggests that the Security Council has long recognized that the maintenance of peace and security will not be achieved or sustained without due attention being paid to redressing grievances, ending impunity and protecting the human rights of civilians.

A mission that protects civilians under imminent threat but makes no progress in helping to address the underlying causes of the conflict will not lead to sustainable peace or to the durable and effective protection of civilian populations. The United Nations is invited to assist countries in advancing the peace process and peaceful coexistence through inclusive dialogue, reconciliation and reintegration.

Mr. Kazuo Kodama (Japan): I thank the Under- Secretary-General for Humanitarian Affairs, Ms. Amos, the Under-Secretary-General for Peacekeeping Operations, Mr. Le Roy, the United Nations High Commissioner for Human Rights, Ms. Pillay, and the International Committee of the Red Cross Director- General, Mr. Daccord, for their very pertinent briefings. It is clear that civilians in great numbers become victims when conflicts erupt.

Last but not least, Mr. President, I stress the importance of the accountable approach, which stresses maintaining accountability and fighting against impunity. To those ends, the affected country should build its own capacity to establish the rule of law as a means of strengthening the protection of civilians.

The protection of civilians is greatly enhanced when the police and civilian components of peacekeeping missions are also involved. Hence, there is the need to strengthen the police component and integrate civilian capacities, particularly in the rule of law sector. That is indispensable to helping a country to fully resume national ownership and responsibility in the crucial area of protecting civilians.

The subject of today's debate calls for careful consideration about how to best protect civilians in the face of terrorism and within the complex reality of asymmetric warfare. For its part, Israel will continue to share its experience in this critical debate as part of our nation's commitment to the rule of law and to the fundamental value of protecting civilians.

Efforts to protect civilians may be hampered by a variety of reasons, such as the unwillingness of parties to a conflict to abide by international humanitarian law, the lack of resources, information gaps, or the lack of understanding about what peacekeepers should and can do to protect civilians. In such a situation, new and innovative approaches are required that are comprehensive in nature.

The United Nations has gone a long way in including protection activities in the mandates of its peacekeeping missions and in improving protection for specific groups such as women and children, refugees and internally displaced persons. The ICRC will continue to work for the protection of civilians within the limits of our mandate and expertise, based explicitly on a neutral and independent approach.