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

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Spain will decisively support all efforts aimed at preventing sexual violence and human trafficking for sexual exploitation purposes. We want to ensure that the perpetrators of such crimes are brought to justice and serve their sentences.

 

Justice

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Today, I would like to emphasize three points that Japan considers especially important.

Justice

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The State has the primary responsibility of enhancing legislation to respond to sexual violence and other atrocity crimes, and of strengthening their law enforcement and criminal justice system. In addition, national legislative responses around the world should also be harmonized with United Nations standards to be made compatible for cross-regional action.

Justice

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Prevention begins in times of peace with a strong legal framework and solid institutions. It also begins by effectively using readily available tools, such as the Framework of Analysis for Atrocity Crimes, which we have supported since its inception. It is aimed at identifying and preventing atrocity crimes by using early warning indicators, such as sexual violence.

 

Justice

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In Mali, where survivors are forced to withdraw complaints so that the perpetrators can escape justice; in Syria, where not a single person has been prosecuted for Da’esh’s vile acts; and in South Sudan, where we see the continuing abhorrent use of rape as a sickening means of punishing communities.

Justice

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We have studied the 2016 report (S/2017/249) of the Secretary-General on conflict-related sexual violence, which includes interim conclusions of the work of the United Nations in that area. We support the conclusion about the importance of strengthening the national potential for preventing sexual violence in conflict and ensuring accountability for it.

Justice

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Lastly, if we are to see sustainable and lasting peace prevail, the perpetrators of sexual violence must not go unpunished at any time or at any level. Such acts must not be considered an inevitable consequence of war.

Justice

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Sixthly, we welcome the work of the Team of Experts on the Rule of Law and Sexual Violence in Conflict, particularly with respect to strengthening the capacity of States in armed conflict or in the post-conflict period in criminal investigations, military justice, the preparation of witnesses and the provision of compensation to victims.

Justice

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The Council should encourage or pressure, as appropriate, all parties to an armed conflict to fully comply with international humanitarian law, particularly in relation to the protection of civilians.

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