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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Justice

Extract: 

As for sexual violence in Syria, we believe that the International, Impartial and Independent Mechanism recently established by General Assembly resolution 71/248 also plays an important role. The Mechanism aims to assist in the investigation and prosecution of those responsible for the most serious crimes committed in Syria, including, of course, the issue of sexual violence addressed in this debate.

Justice

Extract: 

Even in times of peace, we should not forget that sexual violence must be adequately addressed. Czech law criminalizes such behaviour. In 2015, the Czech Republic adopted its action plan for the prevention of domestic and gender-based violence for the period 2015-2018. Its aim is to prevent domestic and gender-based violence and to increase the efficiency of the victim-support system.

Justice

Extract: 

Prosecution is essential for prevention. The international community has an important role in helping to build adequate resources and capacities in that regard. In that context, India recently contributed to the Residual Special Court for Sierra Leone. The Special Court was among the landmark tribunals that tried and convicted persons for crimes that included the use of child soldiers and forced marriages.

Justice

Extract: 

Thirdly and equally important is redoubling our efforts to shift away from a culture of impunity. At the international level, the use of sanctions to list individuals for sexual violence or human rights violations against women, including through the use of specific listing criteria, is essential, as are efforts of international tribunals to open investigations and file charges related to sexual violence in conflict.

Justice

Extract: 

Legal frameworks must be established at the national level in order to protect victims — for example, through legislation that provides legal status to children born of rape and to combat the stigma associated with sexual abuse and violence — and to offer them reparations and compensation, keeping in mind that different forms of sexual violence call for different responses and solutions.

Justice

Extract: 

As stated in the report (S/2017/249) of the Secretary-General, many positive legislative and executive steps have taken place in the Sudan recently. They are clearly and strongly related to combating violence against women and to fighting sexual and gender-based violence in conflict. They aim it particular at promoting the rule of law and the administration of justice through important steps in the implementation of resolution 1888 (2009).

Justice

Extract: 

Almost a decade has passed since the Security Council recognized sexual violence as a tactic of war. Despite all the efforts of the international community, conflict-related sexual violence remains an acute issue.

Justice

Extract: 

I would like to underscore the significant importance of historic rulings of the International Criminal Court, such as the 210 Bemba case and 2017 Ntaganda case, which consolidate the status of sexual violence as a war crime and crime against humanity.

Justice

Extract: 

Our response to conflict-related sexual violence must be firm and all-encompassing. Impunity is unacceptable, and perpetrators must be held accountable. The International Criminal Court plays a central role at the international level in the fight against impunity, but the capacities of national authorities must also be strengthened. States have a primary duty to prevent, investigate and prosecute sexual violence.

Justice

Extract: 

We must continue to join and redouble the efforts of all actors involved in order to find effective and immediate solutions on the ground aimed at ensuring respect for international law and to prevent, combat and eradicate crimes of sexual violence in conflict and post-conflict situations and the trafficking in persons.

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