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 need to enhance accountability for violations of international humanita...

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The need to enhance accountability for violations of international humanitarian law and human rights law is fundamental to enhancing compliance with international law by parties to conflict.

The attention of the Security Council to the situation of civilians in arme...

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The attention of the Security Council to the situation of civilians in armed conflict remains vital and must be at the centre of the Council's deliberations and actions. As the Secretary-General pointed out in his report, that is particularly the case in the many protracted violent crises and conflicts with little prospect of a peaceful resolution in the near future.

Any steps aimed at promoting a culture of impunity — including measur...

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Any steps aimed at promoting a culture of impunity — including measures to promote a war of aggression — or to glorify perpetrators of the most serious international offences or promote the odious ideas of racial superiority can contribute to further violations of humanitarian and human rights law, in particular with respect to peoples uprooted from their homes through continued acts of foreign military intervention, aggression or

The concept of the protection of civilians is founded on the universally ac...

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The concept of the protection of civilians is founded on the universally accepted rules of humanitarian and human rights law, which are set down in a range of international legal instruments. For that reason, we believe that the Council could more effectively seek thorough compliance by all parties with the norms of international humanitarian law.

First of all, allow me to congratulate you, Mr. President, on your assumpti...

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First of all, allow me to congratulate you, Mr. President, on your assumption of the presidency of the Security Council this month. I would also like to commend you for convening this open debate on the subject before us. The protection of civilians in armed conflicts continues to be a subject to which the international community and my country in particular attach the utmost importance.

Being a victim of an armed conflict is a condition that usually extends bey...

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Being a victim of an armed conflict is a condition that usually extends beyond the end of hostilities. In the case of women and children in particular, they continue to be victimized after returning to their communities by being stigmatized and subject to retaliation. In this context, it is necessary to underscore the role of justice.

While visiting Goma last year, I pledged $17 million to help prevent and resp...

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While visiting Goma last year, I pledged $17 million to help prevent and respond to sexual and gender-based violence. This money is now flowing to provide medical and legal services for survivors. In addition, the U.S. military's Africa Command has trained a battalion of Congolese soldiers to work to prevent sexual violence, help victims and prosecute perpetrators.

There is no starker reminder of the work still ahead of us than the horrific ...

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There is no starker reminder of the work still ahead of us than the horrific mass rapes in Democratic Republic of Congo last summer. Those rapes and our failure as an international community to bring that conflict to an end and to protect women and children in the process stands as a tragic rebuke to our efforts thus far. And we all must do more and we must think creatively.

Fourthly, support for post-conflict countries should include reform of their ...

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Fourthly, support for post-conflict countries should include reform of their justice systems and security sectors to ensure that there is a credible and supportive environment for the participation and protection of women.

Fifthly, impunity for all those who abuse women and girls and violate their h...

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Fifthly, impunity for all those who abuse women and girls and violate their human rights, as well as for those who commission such acts, must cease forthwith. These persons must be speedily brought to justice.

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