Presidential Statement nº S/PRST/2010/25 of the United Nations Security Council

• Year: 2010
• Issuer: Security Council of the United Nation

United Nations

S

/PRST/2010/25

Security Council

Distr.: General

22 November 2010

Original: English

10-64655 (E) 221110

*1064655*

Statement by the President of the Security Council

At the 6427th meeting of the Security Council, held on 22 November 2010, in

connection with the Council’s consideration of the item entitled “Protection of

civilians in armed conflict”, the President of the Security Council made the

following statement on behalf of the Council:

“The Security Council reaffirms its commitment regarding the protection

of civilians in armed conflict, to the continuing and full implementation, in a

mutually-reinforcing manner of all previous relevant resolutions and

statements of its president including resolutions 1265 (1999), 1296 (2000),

1325 (2000), 1612 (2005), 1674(2006), 1738 (2006), 1820 (2008), 1882 (2009)

1888 (2009), 1889 (2009) 1894 (2009), noting in particular that resolution

1894 marked a significant step in providing guidance to ensure the effective

protection of civilians on the ground.

“The Security Council takes note with appreciation of the report of the

Secretary-General on the protection of civilians of 11 November 2010

(S/2010/579) and the recommendations contained therein.

“The Security Council recalls that on 15 March 2002 an Aide Memoire

was adopted, as a practical tool that provides a basis for improved analysis and

diagnosis of key protection issues. The Security Council adopts the updated

aide memoire contained in the annex to this Statement of its President and

stresses the need to continue its use on a more systematic and consistent basis.

“The Security Council recognizes that States bear the primary

responsibility to respect and ensure the human rights of all individuals within

their territory and subject to their jurisdiction as provided for by relevant

international law.

“The Security Council reaffirms that parties to armed conflict bear the

primary responsibility to take all feasible steps to ensure the protection of

affected civilians and urges parties to armed conflict to meet their basic needs,

and give attention to the specific needs of women and children, refugees,

internally displaced persons, as well as other civilians who may have specific

vulnerabilities including persons with disabilities and older persons.

“The Security Council emphasizes that the promotion of peace processes

and the achievement of sustainable peace and development as well as respect

for human rights and the rule of law are of utmost importance for the long term

protection of civilians.

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“The Security Council remains committed to addressing the impact of

armed conflict on civilians, in particular women and children. The Council

expresses its deep regret that civilians continue to account for the vast majority

of casualties in situations of armed conflict, including as a result of deliberate

targeting, indiscriminate or disproportionate attacks and sexual and gender

based violence, as well as other acts that violate applicable international law.

The Council demands that all relevant parties immediately put an end to such

practices and reaffirms its readiness to adopt appropriate measures.

“The Security Council notes with concern the humanitarian impact of

conflict, in or near densely populated areas, and calls on parties to armed

conflict to give protection to the civilian population in accordance with

applicable international humanitarian law.

“The Security Council reiterates its strong condemnation of all violations

of applicable international law and 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. The Security Council emphasizes in

this context the responsibility of States to comply with their relevant

obligations to end impunity and notes that the fight against impunity for the

most serious crimes of international concern has been strengthened through

prosecution of these crimes in national, international and “mixed” criminal

courts and tribunals, commissions of inquiry as well as specialized chambers

in national tribunals. The Council takes note of the stocktaking of international

criminal justice undertaken by the first Review Conference of the Rome

Statute held in Kampala, Uganda from 31 May to 11 June 2010. The Security

Council also draws attention to the full range of justice and reconciliation

mechanisms, including truth and reconciliation commissions, national

reparation programmes and institutional reforms.

“The Security Council recognises the needs of civilians under foreign

occupation and stresses further, in this regard, the responsibilities of the

occupying power in full compliance with international humanitarian law.

“The Council reiterates the importance for all, within the framework of

humanitarian assistance, of upholding and respecting the humanitarian

principles of humanity, neutrality, impartiality and independence. The Security

Council condemns and calls for the cessation of all acts of violence and other

forms of intimidation deliberately directed at humanitarian personnel as such

and calls on all parties to conflict to comply with the obligations applicable to

them under international humanitarian law to respect and protect humanitarian

personnel and relief consignments. The Council underlines in this respect the

importance to continue the systematic monitoring and analysis of constraints

on humanitarian access.

“The Security Council stresses the importance of achieving durable

solutions for refugees and internally displaced persons, in particular their

voluntary, safe and dignified return, or local integration or resettlement.

“The Security Council welcomes the proposals, conclusions and

recommendations on the protection of civilians included in the report of the

Special Committee on Peacekeeping Operations (A/64/19). The Council

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stresses the importance of ensuring engagement by senior mission leadership

on the protection of civilians, with a view to ensuring that all mission

components and all levels of the chain of command are properly informed of

and involved in the mission’s protection mandate and their relevant

responsibilities. The Council welcomes progress made by the Secretary-

General in elaborating a conceptual framework, outlining resource and

capability requirements and developing operational tools for the

implementation of protection of civilians mandates. The Council emphasises

the importance of improving pre-deployment training for peacekeeping

personnel on the protection of civilians. The Council encourages troop and

police contributing countries to make full use of and provide feedback on these

important materials.

“The Security Council underlines that, in order to carry out their

mandate, missions must communicate effectively with local communities and

have the capacity to do so. The Council underlines, in this context, the

importance of taking into account gender sensitivities and of making full use

of all the tools available to the mission, in particular its Public Information and

Civil Affairs components, such as civil affairs officers, community liaison

interpreters, and radio.

“The Security Council reaffirms its practice of requiring benchmarks to

measure and review progress made in the implementation of peacekeeping

mandates, underlines the importance of clear benchmarks in the context of

drawdown in peacekeeping missions, and stresses the importance of including

indicators of progress regarding the protection of civilians in such benchmarks

for relevant missions.

“The Security Council recognises the need for systematic monitoring and

reporting on progress to protect civilians in armed conflict. The Security

Council further reiterates its request to the Secretary-General to develop

guidance for peacekeeping and other relevant missions on the reporting of the

protection of civilians in armed conflict. The Security Council reiterates its

request to the Secretary-General to include in his reports on country-specific

situations more comprehensive and detailed information relating to protection

of civilians in armed conflict.

“The Security Council notes 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.

“The Security Council takes note of the Montreux Document on pertinent

international legal obligations and good practices for States related to

operations of private military and security companies during armed conflict.

“The Security Council emphasizes that all civilians affected by armed

conflict, including those suffering losses as a result of lawful acts under

international law, deserve assistance and recognition in respect of their

inherent dignity as human beings.

“The Security Council requests the Secretary-General to submit his next

report on the protection of civilians by May 2012.”