Wednesday, September 19, 2012

Security Council draft resolution on the protection of Children in Armed Conflict

Germany: draft resolution

           The Security Council,
           Reaffirming its resolutions 1261 (1999) of 25 August 1999, 1314 (2000) of 
11 August 2000, 1379 (2001) of 20 November 2001, 1460 (2003) of 30 January 2003, 1539 (2004) of 22 April 2004, 1612 (2005) of 26 July 2005, 1882 (2009) of 
4 August 2009 and 1998 (2011) of 12 July 2011, and all relevant Statements of its President, which contribute to a comprehensive framework for addressing the protection of children affected by armed conflict,

           Reiterating its primary responsibility for the maintenance of international peace and security and, in this connection, its commitment to address the widespread impact of armed conflict on children,
           Having considered the report of the Secretary-General of 26 April 2012 (A/66/782-S/2012/261) and stressing that the present resolution does not seek to make any legal determination as to whether situations which are referred to in the Secretary-General’s report are or are not armed conflicts within the context of the Geneva Conventions and the Additional Protocols thereto, nor does it prejudge the legal status of the non-State parties involved in these situations,
           Stressing the primary role of Governments in providing protection and relief to all children affected by armed conflict, and reiterating that all actions undertaken by United Nations entities within the framework of the monitoring and reporting mechanism must be designed to support and supplement, as appropriate, the protection and rehabilitation roles of national Governments,
           Stressing the importance of comprehensively protecting children in all situations of armed conflict,
           Acknowledging that the implementation of its resolutions 1612 (2005), 1882 (2009) and 1998 (2011) has generated progress, in particular the demobilization of thousands of children, the signing of action plans between parties to armed conflict and the United Nations and the delisting of parties to conflict from the Annexes to the Secretary-General’s annual report,
           Remaining deeply concerned over the lack of progress on the ground in some situations of armed conflict, where parties to conflict continue to violate with impunity the relevant provisions of applicable international law relating to the rights and protection of children in armed conflict,
           Recognizing the importance of strengthening national capacities for the protection, reintegration and rehabilitation of children affected by armed conflict, bearing in mind national ownership,
           Recalling the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children,
           Stressing the need for alleged perpetrators of crimes against children in situations of armed conflict to be brought to justice through national justice systems and, where applicable, international justice mechanisms and mixed criminal courts and tribunals in order to end impunity,
           Noting also relevant provisions of the Rome Statute of the International Criminal Court,
           1.       Welcomes the appointment of the new Special Representative of the Secretary-General for Children and Armed Conflict and highlights the importance of her work in carrying out her mandate for the protection of children in situations of armed conflict, in accordance with relevant Security Council resolutions;
           2.       Strongly condemns all violations of applicable international law involving the recruitment and use of children by parties to armed conflict as well as their re-recruitment, killing and maiming, rape and other sexual violence, abductions, attacks on schools and/or hospitals as well as denial of humanitarian access by parties to armed conflict and demands that all relevant parties immediately put an end to such practices and take special measures to protect children;
           3.       Expresses deep concern that certain perpetrators persist in committing violations and abuses against children in situations of armed conflict in open disregard of its resolutions on the matter, and in this regard:
           (a)      Calls upon Member States concerned to bring to justice those responsible for such violations through national justice systems, and where applicable, international justice mechanisms;
           (b)      Reiterates its readiness to adopt targeted and graduated measures against persistent perpetrators, taking into account relevant provisions of its resolutions 1539 (2004), 1612 (2005), 1882 (2009) and 1998 (2011);
           4.       Invites the SRSG to brief the Security Council on questions relating to the delisting process and progress made, enabling an exchange of views;
           5.       Reiterates its call upon the Working Group on Children and Armed Conflict to consider, with the support of the Special Representative for Children and Armed Conflict, within one year, a broad range of options for increasing pressure on persistent perpetrators of violations and abuses committed against children in situations of armed conflict;
           6.       Requests the Secretary-General to continue to submit annual reports to the Council on the implementation of its resolutions and Presidential statements on children and armed conflict, and to submit his next report by June 2013;
           7.       Decides to remain actively seized of this matter.
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