SC/9786
Security Council
6216th Meeting (AM & PM)
Expressing deep regret that civilians continued to account for the vast majority of casualties in armed conflicts, the Security Council reaffirmed today its readiness to respond to the targeting of civilians and the blocking of humanitarian aid, as it opened a day-long debate on the matter.
Unanimously adopting resolution 1894 (2009) –- and thereby marking the tenth anniversary of its systematic work on the protection of civilians in armed conflict -- the Council demanded that parties to conflict comply strictly with international humanitarian, human rights and refugee law, as well as to Council resolutions calling for the protection of civilians and unimpeded access to humanitarian aid.
Noting that the deliberate targeting of civilians, in addition to systematic, flagrant and widespread violations of international law, might constitute a threat to international peace and security, the Council reaffirmed its readiness to consider appropriate measures against violators, in accordance with the United Nations Charter. It called on all parties to conflicts to strengthen the protection of civilians through heightened awareness at all levels, particularly through the training, orders and instructions issued to armed forces.
Also by the text, the Council recognized the need to consider the need for protection early in the formulation of peacekeeping mandates, as well as for comprehensive guidance in carrying out protection mandates. It requested the Secretary-General to develop, in consultation with relevant actors, an operational concept for that purpose.
By other terms of the wide-ranging text, the Council emphasized the need for a comprehensive approach to implementing protection mandates -- through attention to economic growth, good governance, democracy, the rule of law and respect for human rights, among other considerations.
Opening the discussion this morning, Secretary-General Ban Ki-moon welcomed the prominent place that the protection of civilians had assumed on the Council's agenda over the past 10 years, noting, however, that much remained to be done to effectively protect civilians in all conflicts.
"In old and new alike we see appalling levels of human suffering and a fundamental failure of the parties involved to respect their obligations to protect civilians," he said, adding that such a failure demanded a reinvigorated commitment to the principles of international law on the part of the Security Council, Member States and the United Nations.
Speaking on behalf of Navi Pillay, High Commissioner for Human Rights, Deputy High Commissioner Kyung-wha Kang affirmed the importance of maintaining the focus on human rights law in order to protect civilians. Where conflict entailed abuse of human rights, the international community must act to identify the facts and then apply international law, she said.
"Law without enforcement is of little moment to would-be perpetrators," she added, urging the Council to work consistently to ensure accountability for perpetrators of war crimes. Progress had been made by the creation of tribunals, but the corrosive effects of impunity continued to wreak havoc.
John Holmes, Under-Secretary-General for Humanitarian Affairs and United Nations Emergency Relief Coordinator, also deplored "the widening gap between the rules of international humanitarian law and their application", as well as the gap between the protection mandates of some peacekeeping missions and the subsequent reality. It was crucial to develop operational guidance for that purpose, based on the understanding that protection involved a broad range of activities, from the return of refugees to strengthening the host State's ability to protect its own population.
He stressed that the Council must follow a consistent and comprehensive approach to accountability issues, encouraging States to give top priority to their obligations under international law and calling them to account when they did not, on the basis of the facts rather than political convenience.
In the discussion that followed, most speakers welcomed the progress made in legal and policy frameworks in the 10 years since the adoption of the first thematic resolution on civilian protection, but voiced regret at the lack of accountability under those norms, which had allowed a high toll to be taken among civilians.
Most speakers also called for bolstering the protection of civilians in the mandates of United Nations peacekeeping operations, which should be provided with adequate resources and clear guidelines to carry out that task. However, the representative of China, among others, stressed that protection mandates should be decided on a case-by-case basis to ensure they were necessary, realistic and consistent with the United Nations Charter.
While speakers addressed the protection of civilians in a variety of conflicts around the world, the situation in the Middle East was highlighted in many statements, with the Observer of Palestine and other speakers urging implementation of the recommendations of the Fact-Finding Mission that found evidence of breaches of international law in Gaza. Israel's representative stressed the care that her country had taken to protect civilians while defending itself against terrorists who deliberately attacked civilians and used them as human shields.
In his statement, Foreign Minister Michael Spindelegger of Austria, which holds the Council Presidency for November, said that the many challenges to the protection of civilians showed the enormity of the task before the Council, which must integrate the matter into its daily work so as to be able effectively to accomplish it.
Also speaking today were the Minister for Foreign Affairs and European Integration of Croatia, the Minister for International Defence and Security of the United Kingdom and the Vice Minister for Foreign Affairs and Worship of Costa Rica.
Other speakers were representatives of France, Russian Federation, Japan, Libya, United States, Viet Nam, Burkina Faso, Turkey, Uganda, Mexico, Sweden (on behalf of the European Union), Italy, Liechtenstein, Norway, Brazil, Australia, Finland, Egypt (on behalf of the Non-Aligned Movement), Guatemala, Germany, Qatar, Switzerland, United Arab Emirates, Uruguay, Denmark, Ireland, Argentina, Colombia, Ghana, Belgium, Saudi Arabia, United Republic of Tanzania, Canada, Morocco, Afghanistan, Venezuela, Indonesia, Georgia, Sri Lanka, India, South Africa, Sudan, Syria, Hungary, Republic of Korea, Kenya, Zambia (on behalf of the African Group), Azerbaijan, Benin, Armenia, Iran and Rwanda.
Also addressing the Council were the Permanent Observer of Palestine and the Minister for International Cooperation and Humanitarian Affairs of the Sovereign Military Order of Malta.
The meeting began at 10:12 a.m., suspended at 1:03 p.m., resumed at 3:10 p.m. and ended at 8:34 p.m.
Background
The Security Council today considered its thematic item of "Protection of civilians in armed conflict" 10 years after of its initial consideration of the matter, resulting in adoption on 17 September 1999 of resolution 1265. Since then, the Council has adopted four resolutions and several presidential statements and held regular debates on the issue. Consideration of protection issues has been included in an increasing number of country-specific resolutions and the mandates of peacekeeping missions.
According to a background paper issued by the Permanent Mission of Austria, which holds the Presidency for the month of November, the measures taken by the Council and the development of international norms and standards for the protection of civilians have not been fully matched by the requisite actions on the ground.
As underlined by the Secretary-General in his report on the issue (document S/2009/277) and during the Council's last meeting on the subject on 26 June this year (see Press Release SC/9692), one of the main challenges faced was the failure of parties to conflict, including non-State armed groups, to respect fully, and to ensure the respect of, their obligations under international law.
The Council has a key role to play in enhancing compliance and promoting accountability for violations and international humanitarian and human rights law. The absence of accountability allows violations to thrive. The means at the Council's disposal range from consistently condemning violations to applying targeted measures and requesting monitoring, reporting and fact-finding.
Regarding the implementation of protection mandates by peacekeeping mission, the paper notes that the disparity between mandated tasks and allocated resources and capabilities, as well as the information gap between the field and Headquarters -- including the Council -- are important challenges that need to be tackled. Effective implementation of protection tasks requires close consultations between the Council, the Secretariat and troop- and police-contributing countries prior to the establishment of peacekeeping missions, as well as during their lifecycle.
Comprehensive, accurate and detailed reporting on the protection of civilians, including on constraints on safe and unimpeded access for humanitarian actors, is a prerequisite for the Council and other stakeholders to be able to take timely and informed action. It would also allow the Council to adjust mandates to reflect changes on the ground.
Resolutions
The Council had before it a draft resolution (document S/2009/582, co-sponsored by Austria, Burkina Faso, Costa Rica, Croatia, France, Japan, Mexico, United Kingdom and the United States, which reads, as follows:
"The Security Council,
"Reaffirming its commitment to the continuing and full implementation, in a mutually-reinforcing manner, of resolutions 1265 (1999), 1296 (2000), 1325 (2000), 1612 (2005), 1674 (2006), 1738 (2006), 1820 (2008), 1882 (2009), 1888 (2009) and 1889 (2009), and all relevant statements of its President,
"Reaffirming its commitment to the Purposes of the Charter of the United Nations as set out in Article 1 (1-4) of the Charter, and to the Principles of the Charter as set out in Article 2 (1-7) of the Charter, including its commitment to the principles of the political independence, sovereign equality and territorial integrity of all States, and respect for the sovereignty of all States,
"Noting that this year marks the tenth anniversary of the progressive consideration by the Security Council of the protection of civilians in armed conflict as a thematic issue; and acknowledging the enduring need for the Security Council and Member States to strengthen further the protection of civilians in armed conflict,
"Noting further that this year also marks the 60th anniversary of the Geneva Conventions of 1949, which together with their Additional Protocols constitute the basis for the legal framework for the protection of civilians in armed conflict,
"Recognizing that States bear the primary responsibility to respect and ensure the human rights of their citizens, as well as all individuals within their territory as provided for by relevant international law,
"Reaffirming that parties to armed conflict bear the primary responsibility to take all feasible steps to ensure the protection of civilians,
"Reaffirming the relevant provisions of the 2005 World Summit Outcome Document regarding the protection of civilians in armed conflict, including paragraphs 138 and 139 thereof regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity,
"Reiterating its deep regret that civilians continue to account for the vast majority of casualties in situations of armed conflict,
"Stressing the particular impact that armed conflict has on women and children, including as refugees and internally displaced persons, as well as on other civilians who may have specific vulnerabilities including persons with disabilities and older persons, and stressing the protection and assistance needs of all affected civilian populations,
"Noting the adoption of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (2009),
"Noting with grave concern the severity and prevalence of constraints on humanitarian access, as well as the frequency and gravity of attacks against humanitarian personnel and objects and the significant implications of such attacks for humanitarian operations,
"Recognizing the need for States in or emerging from armed conflict to restore or build accountable security institutions and independent national judicial systems,
"Recalling the inclusion of war crimes, crimes against humanity and genocide in the statutes of the ad hoc international criminal tribunals and the Rome Statute of the International Criminal Court, and emphasizing in this regard the principle of complementarity,
"Recognizing the importance of reparations programmes in response to serious violations of international humanitarian law and gross human rights violations,
"Recognizing the importance of empowering vulnerable civilians through education and training as a means to support efforts to halt and prevent abuses committed against civilians in situations of armed conflict,
"Recognizing the valuable contribution to the protection of children in armed conflict by the SRSG on Children and Armed Conflict and the Security Council Working Group on Children and Armed Conflict, including its conclusions and recommendations issued in line with resolution 1612 (2005), and recalling resolution 1882 (2009), which aims to strengthen the protection of children in situations of armed conflict,
"Recalling its decision in resolution 1888 (2009) to address violence against women and children in situations of armed conflict by requesting the Secretary-General to appoint a special representative and to identify and take the appropriate measures to deploy rapidly a team of experts to situations of particular concern with respect to sexual violence in armed conflict,
"Noting the practice of briefings to Security Council members by the Office for the Coordination of Humanitarian Affairs on behalf of the United Nations' humanitarian community, both through formal and informal channels;
"Taking note of the report of the Secretary-General on the protection of civilians of 29 May 2009 (S/2009/277) and its annex on constraints on humanitarian access, which identify the core challenges to the effective protection of civilians, namely enhancing compliance with international law; enhancing compliance by non-State armed groups with their obligations under international law; enhancing protection through more effective and better resourced United Nations peacekeeping and other relevant missions; enhancing humanitarian access; and enhancing accountability for violations,
"Welcoming the proposals, conclusions and recommendations on the protection of civilians included in the report of the Special Committee on Peacekeeping Operations and its Working Group (A/63/19) and the important work conducted by the Security Council Working Group on Peacekeeping Operations, including its efforts aimed at enhancing the implementation of protection mandates;
"Recalling the statement of its President of 5 August 2009 (S/PRST/2009/24) and welcoming ongoing efforts to strengthen UN peacekeeping;
"Noting that United Nations peacekeeping missions constitute one of several means at the United Nations' disposal to protect civilians in situations of armed conflict;
"1. Demands that parties to armed conflict comply strictly with the obligations applicable to them under international humanitarian, human rights and refugee law, as well as to implement all relevant decisions of the Security Council and in this regard, urges them to take all required measures to respect and protect the civilian population and meet its basic needs;
"2. Reiterates its condemnation in the strongest terms of attacks in situations of armed conflict directed against civilians as such and other protected persons or objects as well as indiscriminate or disproportionate attacks and the utilization of the presence of civilians to render certain points, areas or military forces immune from military operations, as flagrant violations of international humanitarian law, and demands that all parties immediately put an end to such practices;
"3. Notes that the deliberate targeting of civilians as such and other protected persons, and the commission of systematic, flagrant and widespread violations of applicable international humanitarian and human rights law in situations of armed conflict may constitute a threat to international peace and security, and reaffirms in this regard its readiness to consider such situations and, where necessary, to adopt appropriate steps;
"4. Reiterates its willingness to respond to situations of armed conflict where civilians are being targeted or humanitarian assistance to civilians is being deliberately obstructed, including through the consideration of appropriate measures at the Security Council's disposal in accordance with the Charter of the United Nations;
"5. Reiterates its call on States that have not already done so to consider signing, ratifying or acceding to the relevant instruments of international humanitarian, human rights and refugee law, and to take appropriate legislative, judicial and administrative measures to implement their obligations under these instruments;
"6. Demands that all States and parties to armed conflict fully implement all relevant decisions of the Security Council and in this regard cooperate fully with United Nations peacekeeping missions and Country Teams in the follow-up and implementation of these resolutions;
"7. Calls upon all parties concerned,
(a) to ensure the widest possible dissemination of information about international humanitarian, human rights and refugee law;
(b) to provide training for public officials, members of armed forces and armed groups, personnel associated to armed forces, civilian police and law enforcement personnel, and members of the judicial and legal professions; and to raise awareness among civil society and the civilian population on relevant international humanitarian, human rights and refugee law, as well as on the protection, special needs and human rights of women and children in conflict situations, to achieve full and effective compliance;
(c) to ensure that orders and instructions issued to armed forces and other relevant actors are in compliance with applicable international law, and that they are observed, inter alia, by establishing effective disciplinary procedures, central to which must be the strict adherence to the principle of command responsibility to support compliance with international humanitarian law;
(d) to seek, where appropriate, support from United Nations peacekeeping and other relevant missions, as well as United Nations Country Teams and the International Committee of the Red Cross and, where appropriate, other members of the International Red Cross and Red Crescent Movement, on training and awareness raising on international humanitarian, human rights and refugee law;
"8. Emphasizes the importance of addressing in its country specific deliberations the compliance of parties to armed conflict with international humanitarian, human rights and refugee law; notes the range of existing methods used, on a case by case basis, for gathering information on alleged violations of applicable international law relating to the protection of civilians and underlines the importance in this regard of receiving information that is timely, objective, accurate and reliable;
"9. Considers the possibility, to this end, of using the International Fact-Finding Commission established by Article 90 of the First Additional Protocol to the Geneva Conventions;
"10. Affirms its strong opposition to impunity for serious violations of international humanitarian law and human rights law and emphasizes in this context the responsibility of States to comply with their relevant obligations to end impunity and to thoroughly investigate and prosecute persons responsible for war crimes, genocide, crimes against humanity or other serious violations of international humanitarian law in order to prevent violations, avoid their recurrence and seek sustainable peace, justice, truth and reconciliation;
"11. Recalls that accountability for such serious crimes must be ensured by taking measures at the national level, and by enhancing international cooperation in support of national mechanisms, draws attention to the full range of justice and reconciliation mechanisms to be considered, including national, international and "mixed" criminal courts and tribunals, and truth and reconciliation commissions, as well as national reparation programs for victims and institutional reforms; and underlines the Security Council's role in ending impunity;
"12. Reaffirms the Security Council's role in promoting an environment that is conducive to the facilitation of humanitarian access to those in need;
"13. Stresses the importance for all, within the framework of humanitarian assistance, of upholding and respecting the humanitarian principles of humanity, neutrality, impartiality and independence;
"14. Stresses the importance for all parties to armed conflict to cooperate with humanitarian personnel in order to allow and facilitate access to civilian populations affected by armed conflict;
"15. Expresses its intention to:
(a) Call on parties to armed conflict to comply with the obligations applicable to them under international humanitarian law to take all required steps to protect civilians and to facilitate the rapid and unimpeded passage of relief consignments, equipment and personnel,
(b) Mandate UN peacekeeping and other relevant missions, where appropriate, to assist in creating conditions conducive to safe, timely and unimpeded humanitarian assistance,
"16. Further expresses its intention to:
(a) Consistently condemn and call for the immediate cessation of all acts of violence and other forms of intimidation deliberately directed against humanitarian personnel,
(b) Call on parties to armed conflict to comply with the obligations applicable to them under international humanitarian law to respect and protect humanitarian personnel and consignments used for humanitarian relief operations,
(c) Take appropriate steps in response to deliberate attacks against humanitarian personnel;
"17. Invites the Secretary-General to continue the systematic monitoring and analysis of constraints on humanitarian access, to include as appropriate observations and recommendations in his briefings and country-specific reports to the Council;
"18. Recalls its determination to upgrade the strategic oversight of peacekeeping operations mindful of the important role peacekeeping operations play for the protection of civilians and reaffirms its support to the efforts made by the Secretary-General to review peacekeeping operations and to provide enhanced planning and support and renews its encouragement to deepen these efforts, in partnership with troop and police contributing countries and other relevant stakeholders;
"19. Reaffirms its practice of ensuring that mandates of UN peacekeeping and other relevant missions include, where appropriate and on a case-by-case basis, provisions regarding the protection of civilians, stresses that mandated protection activities must be given priority in decisions about the use of available capacity and resources, including information and intelligence resources, in the implementation of mandates; and recognizes, that the protection of civilians when and as mandated requires a coordinated response from all relevant mission components;
"20. Reaffirms also the importance of entrusting peacekeeping and other relevant missions that are tasked with the protection of civilians with clear, credible and achievable mandates, based on accurate and reliable information on the situation on the ground, and a realistic assessment of threats against civilians and missions, made in consultation with all relevant stakeholders, and further reaffirms the importance of a greater awareness in the Security Council of the resource and field support implications of its decisions and stresses the necessity to ensure the execution of the afore-mentioned mandates to protect civilians in the field;
"21. Recognizes the necessity to take into account the protection needs of civilians in situations of armed conflict, in particular women and children, in the early phase of mandate drafting and throughout the lifecycle of United Nations peacekeeping and other relevant missions and in this regard underlines the importance of engagement with the countries concerned and of close consultation with the Secretariat, troop- and police-contributing countries, and other relevant actors;
"22. Recognizes also the need for comprehensive operational guidance on peacekeeping missions' tasks and responsibilities in the implementation of protection of civilians mandates and requests the Secretary-General to develop in close consultation with Member States including troop and police contributing countries and other relevant actors, an operational concept for the protection of civilians, and to report back on progress made;
"23. Requests the Secretary-General, in consultation with relevant actors, to ensure that peacekeeping missions with protection of civilians' mandates, in keeping with the strategic plans that guide their deployment, conduct mission-wide planning, pre-deployment training, and senior leadership training on the protection of civilians and requests troop- and police-contributing countries to ensure the provision of appropriate training of their personnel participating in UN peacekeeping and other relevant missions to heighten the awareness and responsiveness to protection concerns, including training on HIV/AIDS and zero tolerance of sexual exploitation and abuse in UN peacekeeping missions;
"24. Requests the Secretary-General to ensure that all relevant peacekeeping missions with protection mandates incorporate comprehensive protection strategies into the overall mission implementation plans and contingency plans which include assessments of potential threats and options for crisis response and risk mitigation and establish priorities, actions and clear roles and responsibilities under the leadership and coordination of the SRSG, with the full involvement of all relevant actors and in consultation with United Nations Country Teams;
"25. Requests the Secretary-General to ensure that United Nations missions provide local communities with adequate information with regard to the role of the mission and in this regard ensure coordination between a United Nations mission and relevant humanitarian agencies;
"26. Takes note of practical measures taken by ongoing peacekeeping missions and United Nations Country Teams to enhance the protection of civilians in the field, and requests the Secretary-General to include best practice in his next report on protection of civilians to the Council;
"27. Reaffirms its practice of requiring benchmarks, as and where appropriate, to measure and review progress made in the implementation of peacekeeping mandates and stresses the importance of including indicators of progress regarding the protection of civilians in such benchmarks for relevant missions;
"28. Emphasizes the need for a comprehensive approach to facilitate the implementation of protection mandates through promoting economic growth, good governance, democracy, the rule of law, and respect for, and protection of human rights, and in this regard, urges the cooperation of Member States and underlines the importance of a coherent, comprehensive and coordinated approach by the principal organs of the United Nations, cooperating with one another and within their respective mandates;
"29. Notes that the excessive accumulation and destabilizing effect of small arms and light weapons pose a considerable impediment to the provision of humanitarian assistance and have a potential to exacerbate and prolong conflicts, endanger civilians and undermine security and the confidence required for a return to peace and stability, calls on parties to armed conflict to take all feasible precautions to protect the civilian population, including children, from the effects of landmines and other explosive remnants of war, and in this regard, encourages the international community to support country efforts in clearing landmines and other explosive remnants of war and to provide assistance for the care, rehabilitation and economic and social reintegration of victims, including persons with disabilities;
"30. Reiterates the importance of the Aide Memoire on the protection of civilians (S/PRST/2009) as a practical tool that provides a basis for improved analysis and diagnosis of key protection issues, particularly during deliberations on peacekeeping mandates and stresses the need to implement the approaches set out therein on a more regular and consistent basis, taking into account the particular circumstances of each conflict situation;
"31. Recognizes the important role of the Secretary-General in providing timely information to the Security Council on protection of civilians in armed conflict in particular through thematic and country specific reports and through briefings;
"32. Requests the Secretary-General to include in his reports to the Council on country-specific situations more comprehensive and detailed information relating to the protection of civilians in armed conflict, including on protection-related incidents and actions taken by parties to armed conflict to implement their obligations to respect and protect the civilian population, including information specific to the protection needs of refugees, internally displaced persons, women, children and other vulnerable groups;
"33. Requests the Secretary-General to develop guidance for UN peacekeeping and other relevant missions on the reporting on the protection of civilians in armed conflict with a view to streamlining reporting and enhancing the Council's monitoring and oversight of the implementation of protection mandates of UN peacekeeping and other missions;
"34. Stresses the importance of consultation and cooperation between the United Nations, the International Committee of the Red Cross and other relevant organisations, including regional organisations, to improve the protection of civilians in armed conflict;
"35. Requests the Secretary-General to submit his next report on the protection of civilians in armed conflict by November 2010;
"36. Decides to remain seized of the matter."
Opening Statements
MICHAEL SPINDELEGGER, Foreign Minister of Austria and President of the Security Council, said that, 10 years ago, the Security Council had decided to start considering the protection of civilians in armed conflict in a systematic manner. Today, challenges were still being faced for civilians who had to flee their homes and became victims of violence and rape. United Nations peacekeeping missions and humanitarians were doing their best to alleviate their suffering, but more must be done to protect civilians on the ground. For Austria, protection of civilians was a priority. The draft resolution aimed to address existing gaps in the protection work and laid out measures to improve the situation.
He said the international community had to do better. There was a need to live up to the responsibility to respond to situations where civilians were in danger. No conflict justified the refusal of access for humanitarian workers or justified impunity for those who had committed serious crimes against civilians. The Council had a broad range of tools to ensure compliance of all parties with their obligation to protect violations and ensure access for humanitarian aid. The protection of civilians was at the core of United Nations peacekeeping.
The presence of United Nations peacekeepers generated expectations that vulnerable populations would enjoy protection. There was, however, still no common understanding of the protection mandates. Operational concepts and protection strategies would help to close the gap between Council mandates and their implementation. That would also contribute to the credibility of peacekeeping missions. There was a need for better information on the situation on the ground and an ongoing dialogue with troop- and police-contributing countries.
The Council than unanimously adopted the draft resolution as Security Council resolution 1894 (2009).
United Nations Secretary-General BAN-KI MOON said the protection of civilians had increasingly been a focus in the Council's country-specific deliberations, which had advanced a key part of the Organization's mission: to save and protect people from the horrors of armed conflict.
Not long ago, Member States had questioned whether internal armed conflict posed a threat to international peace, he said. Today, however, the destabilizing effects of such conflicts had been firmly recognized, and the Council had readily shown its willingness to address civilian protection situations. While that was a welcome evolution, even those conflicts not perceived to have implications for international peace and security could also dramatically impact civilians, and they, therefore, warranted the Council's attention.
The past 10 years had seen some major conflicts come to an end, he said, but others had persisted and new ones had broken out. "In old and new alike, we see appalling levels of human suffering and a fundamental failure of the parties involved to respect their obligations to protect civilians", he said.
That failure, he said, demanded renewed commitment by the entire Organization and, specifically, the Council, to the principles of international humanitarian law, human rights law and refugee law, to guard against the perception that only some situations were of concern. Five challenges had to be met, the first of which was to strengthen compliance to international law by all parties to conflict, which meant access to conflict zones and reporting on the way conflicts were conducted.
The Council might also consider how to improve "what we do and how widely we do it". He encouraged the Council to examine how to apply lessons learned from its reporting on the impact of armed conflict on children -- which had not faced an additional procedural hurdle -– to the broader task of protecting civilians.
Next, more consistent engagement with non-State armed groups was needed, and States had to accept the necessity of such engagement, he said. Further, peacekeeping missions must be enabled to discharge their protection mandates more effectively, which required improved operational guidance, training, equipment and resources. In that context, he welcomed the independent study on the implementation of peacekeeping mandates, commissioned by the Office for the Coordination of Humanitarian Affairs and the Department of Peacekeeping Operations. He urged the Council and States, including troop- and police-contributing countries, to consider its recommendations.
Continuing, he said humanitarian actors must have better and safer access to civilians in need of assistance, and the Council must be prepared to respond when such access was not forthcoming. Finally, accountability had to be improved for those who commit war crimes, crimes against humanity, genocide and other serious violations of international human rights law. Through criminal prosecutions and resolute action, "we must hold to account those who violate the laws that we have worked so hard to put in place", he declared.
In marking the tenth anniversary of the Council's consideration of civilian protection, he urged not dwelling too long on what had been achieved. The focus must be on the future and how to ensure more effective protection.
JOHN HOLMES, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, said that the first presidential statement on the issue, on 12 February 1999, had spoken of the Council's distress that civilians accounted for the vast majority of casualties in conflict and its concern over "the widening gap between the rules of international humanitarian law and their application". Although significant progress had been made since, the question was whether the gap between the rules of international humanitarian and human rights law and their application, between rhetoric and reality, had been narrowed. "Even an optimistic assessment suggests we still have far to go", he said.
He said the lack of compliance with the law by parties to conflict, both State and non-State, resulted in thousands of civilians killed and injured every month and thousands more forced from their homes and facing yet further violations, including rape. Access for humanitarians was vital to the protection of civilians. To enhance that access, engagement with non-State armed groups was vital. Although some Member States remained concerned that engagement afforded those groups an unwelcome degree of recognition, the reality was that armed groups accounted for one or more of the parties in virtually every conflict. There must be flexibility to engage them.
Much had still to be done to close the gap between the mandates of peacekeeping missions, which included the protection of civilians, and the reality of the shortcomings identified in the independent study, jointly commissioned by the Office for the Coordination of Humanitarian Affairs and the Department of Peacekeeping Operations, which had been released last Friday. He said the uncertainty as to what missions, and actors within missions, should do to protect civilians and how they should do it must be addressed. In that regard, it should be clear that United Nations peacekeeping operations were guided by the basic principles of peacekeeping and that they were not peace-enforcement operations.
He said the Department of Peacekeeping Operations, in consultation with troop and police contributors and other stakeholders, was developing an operational concept to clarify the meaning of protection. That would provide the basis for further guidance. Also, all missions should develop protection of civilians strategies, based on realistic assessments of the threats and risks to the population. Such strategies must be based on the understanding that protection mandates were not limited to the protection of civilians "under imminent threat of physical violence", but also involved a broad range of activities, including humanitarian access, return of refugees and displaced persons, human rights monitoring, child protection, and addressing sexual violence.
Because leadership was crucial, he said, special representatives and the senior mission leadership must ensure protection as a priority, and must be accountable for developing and implementing protection strategies. Better analysis and reporting must also be ensured, alongside political commitment to the mission by the Council and the parties on the ground. The need to strengthen the host State's capacity to protect its population must also be taken into account.
There was also a gap between rhetoric and reality as it related to the consistency with which the Council pursued its stated commitment to the protection of civilians. Targeted sanctions, for instance, were a critical tool for seeking compliance with the law. But in the Democratic Republic of the Congo, only those committing violations "involving the targeting of children and women" and "obstructing the access to or distribution of humanitarian assistance" were subject to such measures. In Somalia, only those obstructing humanitarian assistance were targeted. The Council needed a consistent and comprehensive approach to those accountability issues.
Others had characterized the gap between rhetoric and reality as between "idealism and realism", he said, continuing, "But the effective application of international humanity, impartiality, neutrality and independence and human rights law is not some ideal notion. On the contrary, it is an achievable reality." It required, above all else, that States and other parties to conflict would give top priority to protection of civilians and promote, implement and enforce the practical steps required to apply the law, and that the Council not only encouraged them to do that, but also called them to account when they failed to do so, on the basis of the facts, not political convenience.
KYUNG-WHA KANG, Deputy High Commissioner for Human Rights, speaking on behalf of Navi Pillay, High Commissioner for Human Rights, maintained that what was meant by protection of civilians was really the protection of the human rights of individuals as contained in international law. Where conflict entailed abuse of human rights, the international community must act to identify the facts and then to apply the law, she said.
She said law without enforcement was of little concern to would-be perpetrators. The Council shared consistently work to ensure accountability for perpetrators of war crimes. Progress had been made by the creation of tribunals, but the corrosive effect of continuing impunity, on both human rights and peace, was evident in the report of the United Nations Fact-Finding Mission to Gaza, which laid out in detail violations of international law on the part of combatants. She urged the Council to embrace the recommendations in the report so as to secure accountability for all perpetrators, and to fully integrate human rights guarantees into peacemaking efforts.
The situation in the eastern Democratic Republic of the Congo was a horrifying reminder of the depths to which inhumanity could spiral if left unchecked, she said, and referred to massive displacement and killing, as well as the drastic increase in sexual violence. Support to the Congolese Army by the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) must be reviewed whenever there was a risk of violations of international law, she stressed, adding that the situation was compounded by concerns that well-known human rights violators continued to occupy high-level positions within the Congolese forces.
She also drew attention to the "long-suffering people of Darfur", noting that her Office had supported the 2005 International Commission of Inquiry there, as well as subsequent investigations of serious and widespread human rights violations. Darfur, she said, illustrated that even with robust mandates there were political, structural, operational and resource issues that limited the effectiveness of United Nations peacekeeping missions. The situation required the employment of a broader human rights approach with a focus on the entire spectrum of rights beyond physical protection.
She further noted the mounting civilian casualties in Afghanistan, and the disastrous impact of the conflict on the basic rights to health, food, shelter, livelihood and education. In addition, there continued to be an urgent need to improve overall accountability, by all who took and held detainees, as well as to institute a credible transitional justice strategy.
In general, she said, the Council should mandate arrangements on the ground to ensure coherence, rather than fragmentation in protection strategies, and to make full use of civilian capacities. The early deployment of human rights officers, the rapid fielding of human rights investigations, and the organization of human rights assessments had proved to be valuable interventions.
At the same time, she said, the disparity between mandated responsibilities, on the one hand, and inadequate resources, on the other, must be addressed as a priority. To close what she called the most important gap, between policy and practice, she urged a greater commitment by all to the explicit application of international law, its enforcement under a single standard, and a more rapid deployment of enhanced resources to ensure accountability for perpetrators, redress for victims and protection for the vulnerable.
Aligning his country with the upcoming European Union's statement, GORDAN JANDROKOVIC, Minister for Foreign Affairs and European Integration of Croatia, said the protection of civilians in armed conflict frequently struck at the core of the Council's primary mandate regarding threats to international peace and security. The nature of contemporary conflict had changed in the modern era and the defining moment for the international community, when it decided that a more decisive and comprehensive approach was required, came in the mid-1990s with the genocides committed in Rwanda and Bosnia and Herzegovina. It was important to note that the majority of atrocities committed during the war in Croatia had occurred before the arrival of international peacekeeping forces. Croatia hoped that the resolution just adopted would strengthen the international community's resolve to act quickly and decisively to minimize actual threats to civilians.
The Council had, in 1999, added to the mandate of the peacekeeping operations in Sierra Leone a direct reference to the protection of civilians, he said. The introduction of provisions to protect civilians had become increasingly important for later peacekeeping mandates. Yet, he noted that, while a peacekeeping mission could help stop violations of international humanitarian law on the ground, there needed to be solid cooperation between peacekeeping and other international personnel with the authorities and people of the host country, for any long-term and sustainable improvement in a conflict situation.
Referring to Croatia's war of independence in the early 1990s, he said the country was nearly overwhelmed with more than 850,000 displaced persons and refugees, more than half from neighbouring Bosnia and Herzegovina. Those terrible loses sparked its leader to seek new avenues of internationally binding redress for such crimes committed. The Council turned a new chapter in international law, such as with the creation of the ad hoc criminal tribunals for the former Yugoslavia and Rwanda and the International Criminal Court (ICC), he said.
The Council had acted in many other ways to enhance the protection of civilians, he said. Yet, Croatia remained extremely concerned about the severity and prevalence of constraints on humanitarian access in the field and attacks against humanitarian personnel. The Council had a responsibility to respond to situations of armed conflict where humanitarian assistance was being deliberately obstructed. The concept of the responsibility to protect, as reflected in the 2005 World Summit Outcome Document, was an integral part of the agenda for protecting civilians. Individual States had this responsibility, and the international community had the responsibility to protect populations and take collective action through the Council, if and when national authorities failed to do so. Croatia firmly believed the Council's new resolution offered a valuable opportunity to improve the situation for all civilians caught in armed conflict.
ANN TAYLOR, Minister for International Defence and Security of the United Kingdom, said that, given the perilous situation in which many civilian populations still found themselves today, it was imperative that their protection remain at the core of the Council's work. While welcoming the prominence given in the resolution to the issue of humanitarian access, more could be done to minimize violations of international humanitarian law. The Council should be ready to address flagrant and widespread violations committed against civilians, even when they took place in situations of internal armed conflict. "Protecting civilians requires a holistic approach that will sometimes stray into areas that are sensitive for some Governments", she said.
She said the Council should also show "genuine" readiness to engage in conflict prevention, because the Council had rarely been able to achieve consensus on preventative action. For that to change, there was a need to increase the ability to receive and digest information, as well as Members' willingness to address threatening situations at a sufficiently early stage.
Protecting civilians was an important measure of the credibility of peacekeeping operations and went to the very heart of what people admired and respected about the United Nations in action, she said. It must, therefore, be ensured that realistic demands were made of peacekeeping missions, matched against sufficient resources, training and structures. She fully supported renewed efforts to improve the dialogue between the Secretariat, the Council and troop- and police-contributing countries. There was much good field practice on which the Council could build. The example of MONUC proved the importance of a systematic and integrated approach to protection, and underlined the need for comprehensive United Nations guidance to be made available to all who needed it. In that regard, she looked forward to the recommendations of the independent study on mandate implementation.
EDGAR UGALDE ALVAREZ, Vice-Minister for Foreign Affairs and Worship of Costa Rica, stressing the importance of the issue to his country, said that despite progress made in the protection of civilians, considerable problems remained, particularly in the areas of accountability and compliance with international law. He stressed that the Council must strongly and decisively respond to grave violations by using all available resources and applying the same standards in all parts of the world, regardless of any political considerations.
In addition, he said, the Council had the responsibility to closely monitor situations where international law was repeatedly violated, obtaining timely information, promoting investigations when necessary and ensuring assistance to victims. Agreements must be made to guarantee victims' access to justice through, when necessary, the ICC. The Council must also implement actions to strengthen the security sector and transitional justice.
He said protection of civilians required a strategic partnership among the international community at all levels, adding that it was necessary to mainstream the matter in the work of peacekeeping operations and to coordinate the efforts of political, military and humanitarian actors, providing adequate resources for robust protection mandates. In addition, he called on the Secretariat to systematically include, in country specific reports, information on constraints to humanitarian access, as well as relevant data and recommendations to protect the civilian population, including assessments of risks and threats. Stronger leadership was required for those purposes.
He ended with a statement on behalf of the Human Security Network, comprising Austria, Canada, Chile, Costa Rica, Greece, Ireland, Jordan, Mali, Norway, Slovenia, Switzerland and Thailand, with South Africa as an observer. He said the Network commanded progress in the area of protection of civilians, and called for work towards a more comprehensive and strategic approach in the five key challenges outlined in the Secretary-General's report. It stressed the importance of protecting the dignity of persons, as well as their physical safety.
GERARD ARAUD ( France) said that respect for international humanitarian law was non–negotiable and that human rights must be ensured everywhere. The increasing probability that conflicts might break out in densely populated areas raised new questions about the implementation of the Geneva Conventions. The implementation of the protection of civilians was not restricted to military tasks or protecting against threats of immediate violations, but included a broad range of activities that should fall under integrated directives within a framework of global strategic planning. Those in the field must have a common and unambiguous idea of their tasks.
He said that MONUC was an illustration of the challenges faced. The mandate spelled out in resolution 1856 (2008) included new initiatives, such as joint operations and an early warning system. However, atrocities and massacres continued. When MONUC's mandate comes up for renewal, the Council must find the resolve to implement the just-adopted resolution.
Combating impunity must also be addressed, he said. States must sanction perpetrators of serious and widespread violations, but when that did not happen nationally, international jurisdiction, such as the ICC, should be applied. The Council should examine what violations of international humanitarian law would be subjected to sanctions. He welcomed the recent General Assembly statement affirming the responsibility to protect. That responsibility not only included intervention when a crisis occurred, but also prevention of such crises and boosting early warning systems in situations of risk.
VITALY I. CHURKIN (Russian Federation) said that, although his country was in favour of the peaceful settlement of disputes, in the real world, armed conflicts took the lives of many people, most of them civilians. Parties to armed conflict must strictly apply with human rights standards and Council resolutions. He unequivocally condemned deliberate attacks against civilians and the loss of lives, owing to the indiscriminate and disproportional use of force, an aspect that had not been included in the resolution. He was in favour of a thorough investigation and punishment of serious violations, including those committed by private security companies.
He said protection of civilians was primarily the responsibilities of States involved in conflict, and the actions of the international community should be aimed at assisting national efforts. The international community could take appropriate steps only under the auspices of the Council and in accordance with the United Nations Charter. The issue of protection of civilians during peacekeeping operations required detailed analysis, to be carried out in close conjunction with steps to enhance the effectiveness of those operations.
Close consultations were necessary on all aspects of peacekeeping operations, between the Council, Secretariat and troop- and police-contributing countries, and clear and realistic mandates to protect civilians should be developed, he said. Protection of civilians was only one aspect of peacekeeping. The main goal of peacekeeping operations was to assist the peace process. The process of disarmament, demobilization and reintegration played an important role in protection of civilians and should be supported.
YUKIO TAKASU ( Japan) said the most pressing task of the moment was to determine how to put into practice the normative framework that had been developed for the protection of civilians. For that to happen, he stressed, all States must accede to and abide by international humanitarian and human rights law. States involved in armed conflict must strengthen law enforcement institutions and establish the rule of law, with the support of the international community. He pledged the assistance of his country in that effort.
In addition, he said, the Council must address serious violations of international law wherever they occurred, including when committed by non-State groups, and, when necessary, take measures to verify facts and establish accountability. Targeted sanctions could ensure the compliance, when appropriate. He stressed that, in addition, peacekeeping mandates must be feasible, well resourced, carefully explained to the host country and must take innovative approaches to translate the will of the Council into an operational plan. For that reason, he underlined the importance of the formulation of operational guidelines as requested of the Secretariat in today's resolution.
He also underlined the importance of a comprehensive strategy that included the empowerment of vulnerable people, effective training of personnel and timely and accurate information from the ground. He said that today's resolution should be used as a basis to measure further progress, and pledged his country's commitment to enhancing the security of vulnerable people caught in conflict.
IBRAHIM DABBASHI ( Libya) said that, despite major progress achieved in the codification of international humanitarian law and principles of protection of civilian, results were "off-target". The numbers of victims of armed conflict, including foreign occupation, had increased. States and groups still wilfully and wantonly targeted civilians. Many were victims of wars against terrorism, particularly those of Israel against Lebanon and those in Iraq and Afghanistan. Many others suffer in Somalia, the Democratic Republic of the Congo and other areas.
The Palestinian people, he said, continued to suffer the most inhuman treatment from the occupying Power, Israel. He referred to casualties that had resulted from the tactics of the Gaza operation, including the use of proscribed weapons and the obstruction of humanitarian assistance. He hoped the support by certain Council members for Israel would not prevent the Council from carrying out its responsibilities in holding Israel to account, so that the body could regain its credibility.
He asserted that there were countries that took the high moral ground when they preached in the Council, but did nothing to stop Israel's violations and even provided the weaponry that Israel used to kill and maim Palestinians. He stressed the Council must do more to prevent the outbreak of conflict, must act in a balanced and transparent manner, and must act urgently to realize the importance of the matter, which had to do with the very dignity of man, he said.
ROSEMARY A. DICARLO ( United States) said the resolution just adopted consolidated a decade of efforts to better protect civilians in armed conflict. As a result, millions of civilians had been saved in, among other countries, Burundi, Côte d'Ivoire, Haiti, Sierra Leone and Timor-Leste. However, in many places, innocents bore the brunt of conflict, such as in the Democratic Republic of the Congo and in the Sudan and Somalia. She said the Palestinians and Israelis continued to suffer, as well.
Far too many civilians were still victimized by violence, she said. Perpetrators, often terrorist and non-state actors, were unmoved by international law. State security forces, which lacked training or had been integrated with former rebel groups, could themselves threaten civilians. United Nations peacekeeping missions were mandated to protect civilians, but sometimes lacked the means to do so. Better combat and enforcement capability was important.
She said United States forces were committed to comply with the laws of war, even when facing enemies that routinely violated those laws. The situations in which civilians were imperilled differed radically. Means must be developed by which the Council had prompt access to threats and violations of international humanitarian and refugee law. Those who flouted the laws of war should be prosecuted. Reconciliation and accountability were central to end impunity. There was a need to support the countries emerging from conflict to rebuild their structures and capacities, including those to protect civilians.
She said the Security Council, the Secretariat and troop- and police-contributing countries should consult more, and a system-wide strategy for the protection of civilians was critical. Peacekeepers should be trained and equipped to combat violations when they occurred. The tools and mechanisms were available, but considerable work had to be done to use them consistently, concurrently with efforts to halt conflicts themselves. In conclusion, she expressed regret that some speakers had used today's opportunity to promote other objectives.
LE LUONG MINH ( Viet Nam) said that he remained deeply concerned about indiscriminate and excessive use of force against civilians, widespread attacks against schools and other civilian targets, and other violations. It was alarming that the number of refugees and displaced persons as a result of conflicts now totalled nearly 40 million; that in many cases, humanitarian access had been virtually totally hindered; and that humanitarian personnel continued to be attacked or prevented from delivering assistance to civilians. He condemned all inhumane acts against civilians, and called on all parties to conflicts to strictly comply with their obligations to protect civilians. He also emphasized the need for strict observance of the principles of neutrality, impartiality and independence in the provision of humanitarian assistance.
He said that States bore the primary responsibility within their respective jurisdictions to protect their own populations. The United Nations, regional organizations and the international community had an important role to play in supporting and assisting Member States, particularly through political mediation and humanitarian assistance. Engagement and cooperation with national Governments was vital in that respect. It was also necessary to further strengthen coordination and cooperation among the United Nations entities, particularly among the Office for the Coordination of Humanitarian Affairs, United Nations missions and country teams.
Protection of civilians in armed conflict should be approached from a holistic perspective, he added. Measures to protect civilians, including refugees and internally displaced persons, were only viable if their practical needs, such as for subsistence, education and health care, were adequately addressed. In designing the necessary measures, it was important to carefully consider the methodologies used to collect accurate, timely and reliable information from the field. The Council and other United Nations bodies should adhere to their lines of responsibility and make the best use of existing mechanisms to avoid duplication. The Council's resolution constituted another milestone in the international community's humanitarian cause of protecting civilians in armed conflict.
MICHEL KAFANDO ( Burkina Faso) noted that protection of civilians had become much more complex in recent times because of the cruel nature of warfare nowadays and, although the legal instruments had grown, much remained to be done. Civilian populations continued to be the first target of atrocities.
He said that all parties must be reminded of their obligations, including States, which must establish legal machinery open to victims and calculated to end impunity. There should be stronger military and transitional justice, and other institution-building and development. There also must be dialogue among non-State groups to increase awareness of international human rights law.
He asked all parties to ensure the safety of humanitarian personnel and the access of humanitarian aid, and stressed the importance of realistic peacekeeping mandates that included protection of civilians. In addition, all partners on the ground must be well coordinated and the Council must ensure that its resolutions, as well as international law, were observed and that violators were held to account, through referral to judicial mechanisms and other means, when appropriate.
ZHANG YESUI ( China) said that the international community still faced an uphill battle in the matter of the protection of civilians. He urged all parties involved in conflicts to confront the issue, and he supported strengthening the Council's means to do so, as well, maintaining that the body should do its part by helping to prevent and end conflicts and providing appropriate peacekeeping mandates.
He said, however, that the primary responsibility for the protection of civilians lay with States concerned. In addition, dialogue with non-State groups on the issue should take place with the cooperation of the Governments of the countries in question. Peacekeeping mandates should include protection of civilians, but only when feasible and necessary, and should be decided on a case-by-case basis, with full respect for the United Nations Charter.
The United Nations should also mobilize resources to help to extricate countries from poverty and, in that way, to lessen the possibility for conflict, through the cooperation of all parts of the United Nations system, as well as the international financial institutions, he said.
ERTUGRUL APAKAN (Turkey), recalling that during Council debates on Gaza the protection of civilians had been held at the margins of the developments there, said that that proved the need for all parties to respect their obligations under international humanitarian law. Gaza, however, was not the only case of the dangers faced by civilians during armed conflicts. Recent developments had brought hope, however, such as adoption of Council resolutions on children and armed conflict and on women, peace and security. The just-adopted resolution represented a balanced approach and did not change the fact that there were issues of a very sensitive nature. Those issues, if not addressed carefully, carried the risk of undermining or weakening the Council's efforts.
He said one should be extremely careful in dealing with non-State armed groups, given the inevitable ambiguity of that term and the many different kinds of entities that fell under that category. International organizations and non-governmental organizations, in particular, should be vigilant in conducting their work in conflict areas and not allow themselves to be exploited by terrorist groups and organizations. Cultural differences and sensitivities should be taken into consideration in predeployment training for peacekeeping operations by all States, he added.
The imbalance between well-funded peacekeeping operations in some areas where armed conflict had ended and other operations that needed urgent strengthening should also be immediately addressed, he said, and stressed that only through strengthening the rule of law, human rights, democracy and good governance the long-term and lasting protection of civilians could be secured. Moreover, perpetrators of violence against civilians must be held fully accountable.
BENEDICT LUKWIYA ( Uganda) expressed concern that civilians still accounted for the vast majority of casualties during armed conflict, and continued to be targeted and subjected to violations. Proliferation of non-State groups contributed to the complex nature of most conflicts. Those groups did not subscribe to or even realize their obligations under international law to protect civilians. Of even more concern was that most civilians caught between parties, for the most part, remained ignorant of their rights.
He said that today's resolution reaffirmed those obligations and called upon States emerging from armed conflict to prioritize security sector reforms and independent national judicial systems and to take feasible steps to empower their populations. However, States could not rebuild national institutions on their own, but required support from the international community. The draft also recognized the need for safeguards for vulnerable persons, and addressed the important component of refugees and internally displaced persons. Uganda was encouraged by the attention the resolution gave to the proliferation and destabilizing effects of small arms and light weapons, as well as to the impact of landmines and explosives. Uganda called on all subregional and regional organizations, civil society and Member States to assist the victims and undertake initiatives, to remove unexploded ordnance and educate civilian populations about their risks.
The draft also noted the recent adoption of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, which was an important milestone, he continued. His delegation also welcomed the recognition by the Council of the need to address the issue of HIV and AIDS as an important component of national predeployment training for peacekeepers and related personnel. It was imperative to point out that HIV and AIDS presented an ever-present risk for populations, not just during peacetime, but even more so, during times of conflict. Soldiers were a high-risk group and could unknowingly spread the infection.
He added that the draft also called for national reparation programmes for victims, as well as institutional reforms. However, his delegation would like to go a step further and also recognize the need for all parties to armed conflict to emphasize the dignity of civilians by recognizing losses that resulted from lawful combat operations, as well as providing meaningful amends to affected individuals and communities, such as financial assistance and funding for humanitarian aid programmes. His delegation encouraged all Member States to embrace the concept of making amends, not because there was any legal obligation to do so, but simply in the interest of mitigating suffering and promoting humanity. That had been the policy of Uganda's defence forces and it continued to be implemented by Ugandan troops serving in the African Union Mission in Somalia (AMISOM).
CLAUDE HELLER (Mexico) said there was no doubt that progress had been achieved in protection of civilians in armed conflict through international legislation and norms, but in spite of that progress, largely in the realm of theory, the situation on the ground remained difficult. More coherence between theory and practice was necessary. It was important to have a comprehensive strategy based on compliance with international humanitarian law, and on the strengthening both of the work of humanitarian organizations and of accountability to end impunity.
He said the Geneva Conventions, their Protocol and other instruments formed a solid foundation of standards that protected the life and dignity of non-participants in hostilities. All States which had not done so should accede to all instruments relating to international humanitarian and human rights law, and to transpose obligations under those instruments to national law.
To block humanitarian assistance aggravated the situation of civilians in armed conflict, he said. In that regard, he disagreed with a restrictive interpretation of human dignity in complex situations that made human dignity subordinate to sovereignty. Impunity of alleged violators and those giving orders to carry out such violations should be put to an end. The ICC should act where national judicial structures could not act as a consequence of conflict.
He said narrow political interest that often prevented full compliance with international law had to be overcome. There should be timely follow-up to recommendations contained in the Secretary-General's reports; full implementation of decisions of the Council and other bodies of the United Nations must be ensured. If that did not occur, robust measures should be adopted to guarantee peace, justice and international security.
The President of the Council, MICHAEL SPINDELEGGER, Foreign Minister of Austria, speaking in his national capacity and aligning his delegation with the statement to be made by Sweden for the European Union, said that the numerous challenges in the protection of civilians which had been outlined today gave a picture of tasks ahead for the Council. To be effective, the Council must address the protection of civilians in its daily work.
He said all parties to armed conflict must strictly comply with international humanitarian and human rights law, no matter where the conflicts lay. Action at the national and international level must be taken to end impunity in that regard. He expressed concern over the effects of illicit small arms and light weapons and land mines, and stressed the need for attention to be given to the protection of persons with disabilities during conflicts.
The primary responsibility to protect civilians lay with national Governments, he noted, adding that the Council had an important role to play in saving lives with actions taken at all levels. He underscored Austria's full commitment to work with the international community to implement the important resolution adopted today.
ANDERS LIDÉN ( Sweden), speaking on behalf of the European Union, welcomed the resolution to be adopted, in particular its emphasis on clarifying the role of peacekeeping missions in protection of civilians. In the past 10 years, the protection of civilians in armed conflict had assumed a prominent place on the Council's agenda. That had been manifested in regular open debates and by its increased inclusion in country-specific deliberations and decisions. The reality on the ground had not kept pace, however, and "lip service" to principles was no substitute for real action. The European Union called for much greater efforts to turn rhetoric into reality.
He said that the lack of compliance with international humanitarian law and human rights law had led to the death and injury of thousands of civilians every year and to the displacement of many more. It was necessary to enhance respect for those standards by all parties to armed conflicts, with particular attention to the protection of civilians. The Council should systematically promote compliance with international law in situations on its agenda, and also in situations not formally on its agenda, but that had dramatic impact on the protection of civilians. The Council should also consider imposing targeted and graduated measures against parties to armed conflict that were violating applicable international law. It was also necessary to enable relevant actors to seek compliance by all parties to conflict, including non-State armed groups.
Regrettably, impunity prevailed in many conflicts, owing to the lack of political will and action, he said. The culture of impunity in many conflicts allowed violations to thrive. Violations of international humanitarian law and human rights law must have consequences for the perpetrators, and all measures should be used to prevent violence and bring perpetrators of serious violations to justice, including strengthened national legislation. In that regard, the Union called for the ratification of the International Criminal Court's Rome Statute and full cooperation with the Court by all States. In addition, mission-specific protection strategies should be developed on a systematic basis, and capacity and resources should be genuinely appropriate for the task of protecting civilians.
CESARE MARIA RAGAGLINI ( Italy) said the Council had shown great leadership over the past year and a half in ending sexual violence in situations of armed conflict as a key element in protection of civilians. The adoptions of resolution 1820 (2008) on sexual violence as a tactic of war and of resolution 1888 (2009) relating to peacekeeping were two effective new tools for the Council to use in ending impunity and holding accountable the perpetrators of heinous crimes. The Council must now use the tools by implementing the resolutions in full and without delay. The early appointment of a Special Representative for women, peace and security would provide much-needed leadership, coordination and advocacy in the field.
With regard to peacekeeping, he said there were three elements to be considered in relation to protection of civilians by Blue Helmets. The Secretariat must continue to formulate guidelines towards a policy shared by all Members so as to inform peacekeeper actions on the ground. The guidelines should serve as a basis for training in a standardized manner, including on crisis management. His country participated in that sector through Centres of Excellence in financing of police projects. Finally, the guidelines and training should be backed by resources to enable peacekeepers to protect effectively and securely.
Reiterating his commitment to end impunity, he said international criminal jurisdiction should be increasingly viewed as a complementary instrument in repressing international crimes. States should adapt laws to be first responders to serious breaches of law committed in their territories. They should also cooperate in raising awareness about the basic principles and the importance of international humanitarian law, especially in the armed forces. Finally, the important principle of the responsibility to protect should not be perceived in a confrontational manner, but as an instrument for overcoming crises within the defined conditions. The July review of the matter had been welcome, as would be the follow-up in the current session.
