SECURITY COUNCIL, IN PRESIDENTIAL STATEMENT, ADOPTS AIDE-MEMOIRE IDENTIFYING 13 CORE OBJECTIVES FOR PROTECTING CIVILIANS IN ARMED CONFLICT

15 March 2002
SC/7329

SECURITY COUNCIL, IN PRESIDENTIAL STATEMENT, ADOPTS AIDE-MEMOIRE IDENTIFYING 13 CORE OBJECTIVES FOR PROTECTING CIVILIANS IN ARMED CONFLICT

15/03/2002
Press ReleaseSC/7329

Security Council

4492nd & 4493rd Meetings* (AM & PM)

SECURITY COUNCIL, IN PRESIDENTIAL STATEMENT, ADOPTS AIDE-MEMOIRE IDENTIFYING

13 CORE OBJECTIVES FOR PROTECTING CIVILIANS IN ARMED CONFLICT

Humanitarian Affairs Under-Secretary-General Briefs Council,

Says Text Result of ‘Unprecedented Cooperation’ between Council, Secretariat

Reaffirming its concerns at the hardships borne by civilians during armed conflict and recognizing the consequent impact that had on durable peace, reconciliation and development, the Security Council this afternoon adopted an aide-memoire identifying 13 core objectives for protecting civilians in conflict situations.

Through a statement read out by its President, Ole Peter Kolby (Norway), which contained the aide-memoire as an annex, the Council identified the key issues for consideration in meeting the 13 objectives.  The text also contains a list of references to previous country-specific and thematic Council resolutions and presidential statements pertaining to each of the objectives. 

The objectives set out in the aide-memoire are the following:  access to vulnerable populations; separation of civilians and armed elements; justice and reconciliation; security, law and order; disarmament, demobilization, reintegration and rehabilitation; small arms and mine action; training of security and peacekeeping forces; effects on women; effects on children; safety and security of humanitarian and associated personnel; media and information; natural resources and armed conflict; and the humanitarian impact of sanctions.

The Council stated its intention to review and update the contents of the aide-memoire, as appropriate.

In a meeting held prior to adoption of the presidential statement, Kenzo Oshima, Under-Secretary-General for Humanitarian Affairs and United Nations Emergency Relief Coordinator, briefed the Council on protection of civilians in armed conflict.  He said decisive and timely action must be taken to end the suffering of millions of innocent victims of warfare, including many women and children.

__________

*     The 4491st meeting was closed.

The issue should be kept high and firmly on the Security Council’s agenda.  The escalation of violence in the Middle East, and the situations of the Sudan and the Democratic Republic of the Congo were examples of areas where the problem must be addressed.  The Council’s past consideration of the issue had resulted in the mitigation of much suffering.  Recent Council resolutions had referred specifically to the need to protect civilians, and awareness of the issues to consider had been greatly raised.

The aide-memoire had been the result of unprecedented cooperation between the Council and the Secretariat, he said.  It represented the accumulated expertise of many entities, among them the Department of Peacekeeping Operations, the Office of the Coordinator for Humanitarian Affairs (OCHA), United Nations Children's Fund (UNICEF) and others.  The aide-memoire was intended to be a living document that would be regularly updated. 

Statements during the first meeting were also made by the representatives of France, United Kingdom, Colombia, Singapore, Ireland, China, United States, Mauritius, Guinea, Bulgaria, Syria, Mexico, Russian Federation, Cameroon and Norway.

The first meeting was called to order at 10:07 a.m. and adjourned at 12:23 p.m.  The second meeting was called to order at 12:24 p.m. and adjourned at 12:28 p.m.

Statements

KENZO OSHIMA, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, said that given the daily threat to civilians in many conflicts around the world, the issue should be kept high and firmly on the Council’s agenda.  Decisive and timely action must be taken to end the suffering of millions of innocent victims of warfare, including many women and children.  The escalation of violence in the Middle East was a good example.  In that regard, he made reference to the Secretary-General’s recent remarks on the situation of civilians there and stated that resolution 1397 (2002) represented a crucial step in recognizing the importance of the safety of civilians in the context of the Middle East. 

In the Sudan, he continued, the international community had been dismayed by attacks on civilians.  The United Nations, he noted, had voiced its serious concern about those attacks.  He welcomed the 10 March agreement to establish an international verification mission to investigate attacks on unarmed civilians.  In Angola, some 4.6 million people were displaced as a result of the conflict there.  The declaration of a ceasefire on 13 March was, therefore, groundbreaking news. 

He then addressed the allegation of sexual abuse against children in refugee camps in Liberia, Sierra Leone and Guinea.  Those allegations, the Secretary-General had directed, should be investigated and the necessary action should be taken.  The Office of Internal Oversight Services (OIOS) had, therefore, immediately launched an investigation, the results of which would be made public.  The relevant agencies and officials had been asked to take steps to ensure the safety of children in refugee camps. 

It was also important to recognize the progress that had been made in the area of the protection of civilians, he said.  The Council’s past consideration of the issue had resulted in the mitigation of much suffering.  Recent Council resolutions had referred specifically to the need to protect civilians and awareness of the issues had been greatly raised.

Many positive initiatives had been undertaken in the spirit of the Secretary-General’s recommendations regarding the protection of civilians, he said.  In that regard, he noted the disarmament of many former combatants in Sierra Leone.  In the Democratic Republic of the Congo, the United Nations High Commissioner for Refugees (UNHCR) and the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) had jointly separated many former combatants from the larger refugee population.  Increased dialogue and partnership among United Nations agencies had also been extremely positive. 

The issues must be kept high on the Council’s agenda, he said.  The aide-memoire on protection of civilians in armed conflict before the Council had been the result of unprecedented cooperation between the Council and the Secretariat.  It represented the accumulated expertise of many entities, most notably the Department of Peacekeeping Operations, Office for the Coordination of Humanitarian Affairs, United Nations Children's Fund (UNICEF) and others.  The aide-memoire was intended to be a living document that would be regularly updated.  It identified 13 core objectives and the corresponding issues.  It also contained a list of references pertaining to each of the objectives.  Workshops would be held on the protection of civilians, including on the practical application of the aide-memoire. 

He said closer cooperation between all parts of the United Nations system was essential, particularly between the Peacekeeping Department and OCHA.  An understanding between the two Departments had been reached, he noted.

He then gave a report on progress made on the Secretary-General’s recommendations.  Round-table meetings to take up the issues had been held.  Among the concerns raised had been the increasingly blurred distinction between civilians and combatants in conflict areas.  It had also been emphasized that, faced with the realities of today’s conflicts, Member States must adhere to the humanitarian and legal standards established over the past 50 years.  The Council must act decisively to aid in the protection of civilians in armed conflict, even if the main responsibility for protection of civilians rested with the governments and parties directly concerned, he added.

JEAN-DAVID LEVITTE (France) said that today’s debate was completely justified.  During the First World War, 95 per cent of victims were soldiers.  Today, 95 per cent of victims of conflict were civilians.  It was a radical change in the situation, which prompted the Council’s discussion of how it should react to that new situation.  The Council had the primary responsibility of maintaining peace and security.  Right now, there were about 50 conflicts worldwide.  More than half of them were occurring in Africa.  In addition to diplomatic action, how could we protect civilian populations?  He noted that the Fourth Geneva Convention was being seriously violated regularly in the Middle East. 

Sanctions were a tool available to the Council, he said.  Their legitimacy would be more accepted if not for its secondary effects on civilians.  It was necessary to continue to work on that, with the idea of humanitarian exemptions.  The aide-memoire showed the progress made by the Council to equip itself with a “toolbox”, which would enable it to act more effectively in a targeted fashion.  The Council must, with the assistance of OCHA, establish better coordination with other agencies, like UNHCR, so that the number of women and children who were victims of conflict would be reduced.

JEREMY GREENSTOCK (United Kingdom) thanked OCHA and its United Nations partners for its efforts in preparing the aide-memoire before the Council.  While the Council was becoming steadily more informed about many of the issues contained in it –- the special role of women and children in conflict –- it sometimes overlooked many others, such as the insidious effects of landmines on civilians.  The exploitation of natural resources and their effects on prolonging conflicts, and so the effects on civilians caught up in those conflicts, was yet another. 

Each of the primary objectives contained in the document was of interest not just to the humanitarian wing of the United Nations, he said.  As a result of the complex interaction between those issues and the conduct of conflict, they were also important in the context of maintaining peace and security.  By definition, therefore, they demanded the proper attention of the Council.  The aide-memoire, hopefully, underlined that.

He noted that recent allegations surrounding the conduct of United Nations workers in West Africa had outlined the possible value of the aide-memoire in highlighting relevant protection concerns and, in so doing, enhancing a more systematic approach to the planning process.  On training of security forces and other United Nations personnel charged with carrying out the work of the Organization, codes of conduct were needed that gave substance to the Secretary-General’s call for “zero tolerance” in cases of abuse of civilians by United Nations personnel.  Such a code of conduct must have a system-wide application, affecting all who work under the blue flag, including United Nations humanitarian agencies and implementing partners associated with the United Nations programmes.

ANDRÉS FRANCO (Colombia) said a valuable tool had been given to the Council –- one that would guide its considerations of a humanitarian nature in connection with peacekeeping mandates.  The aide-memoire would raise awareness of the toll of armed conflict on the lives of civilians.  The Council must work even harder towards the prevention of armed conflicts.  That was the best way to avoid the suffering being witnessed in the world today.  The aide-memoire had been prepared in close consultation with the Council, he noted.  All recognized that it must be applied on a case-by-case basis.  Practice would show the way to the future. 

The international community was deeply concerned by the abuses being investigated in West Africa, he said.  He asked if the Under-Secretary-General could elaborate on codes of conduct for international workers.  The problem could arise wherever there was a humanitarian crisis, he emphasized.  He asked if there were figures on the difficulties faced by humanitarian workers in gaining access to civilians in need.  He underscored the valuable contribution being made by OCHA’s round tables in the implementation of the Secretary-General’s 54 recommendations and asked for information on the interaction with non-State actors in areas of armed conflict.

FOO CHI HSIA (Singapore) said it was important to revisit the issue of protection of civilians from time to time to assess progress.  The OCHA had been conducting several round-table discussions on the Secretary-General’s recommendations and there had been significant feedback on the problems faced.  However, it had proven more difficult to recommend specific tools for implementation.  Such tools should be highlighted in the upcoming report on their deliberations. 

She welcomed the upcoming adoption of the aide-memoire, which could be a useful tool.  A review could be conducted of the current peacekeeping operations using the aide-memoire as a checklist.  The Council would not be judged by the number of documents adopted on abstract principles, but rather on how it applied those principles.  It should conduct itself proactively and collectively to help prevent conflict.

GERARD CORR (Ireland) said that the remarks by Mr. Oshima had emphasized the crucial importance of the protection of civilians in armed conflict.  As mentioned by France, in recent decades the casualties in armed conflicts had predominantly been among civilians.  Ireland welcomed the aide-memoire to be adopted.  As rightly noted in the document’s introduction, it was not intended to be a blueprint.  It did need to be periodically reviewed in light of the review of peacekeeping mandates.  In recent decades, numerous instruments of international humanitarian law had been elaborated.  However, there was still a need to implement what the Secretary-General termed a culture of prevention and protection.

He said it was necessary to achieve a strong level of coordination between the roadmap and the aide-memoire.  It was clear that the Council, the Assembly, other United Nations agencies and financial institutions needed to work more closely in that area.  The issue of coordination with regard to approaches taken was critical.  Also, he endorsed the exclusion of genocide, crimes of humanity and war crimes from amnesty agreements, which had been mentioned in the aide-memoire.  In addition, humanitarian access must remain a key priority.  Women and children were almost always the principal victims of armed conflict.  Therefore, he welcomed the inclusion of a number of issues related to women and children in the document, such as the mainstreaming of a gender perspective and expanding the role of women in United Nations field operations.

WANG YINGFAN (China) said that in armed conflicts, innocent civilians had become the majority of the victims.  He hoped that today’s discussions and the aide-memoire would assist the international community in protecting civilians in armed conflict, which was a multifaceted mission.  All the peacekeeping operations had incorporated into their mandates the protection of civilians in armed conflict.  At the same time, the primary responsibility for that lay with the governments themselves.  For the United Nations, and the Council in particular, prevention and early cessation of conflicts was the most effective way to protect civilians.  The Council should make further efforts to prevent and resolve conflicts to ensure the safety of civilians.  

JAMES CUNNINGHAM (United States) said protection of civilians was at the heart of the Council’s task in dealing with war and conflict.  It was an urgent and pressing problem, but the discussion today showed that progress was being made on the issues being faced.  He welcomed the zero tolerance policy described for situations when “the protectors begin to prey on the protected”. 

The aide-memoire provided clarity and specifics, and set out usefully the instruments that the international community could bring to bear, depending on the circumstances.  He supported the intent to follow up on the document and further refine it in the future.  He had been particularly struck by the document’s "precedents" column.  Almost all the examples involved resolutions adopted in the past two years, he noted.  He looked forward to the Secretary-General’s report in November and supported better integration between the various wings of the United Nations.

BIJAYEDUTH GOKOOL (Mauritius) said tragic developments around the world were a reminder of the need to take comprehensive measures to protect civilians.  The aide-memoire would provide an important framework for the Council’s deliberations.  It was an unprecedented example of coordination between various actors.  The checklist it provided must now be translated into action, he stressed. 

He said there could be no peace and security in the world when the minimum protection of civilians was not guaranteed.  That situation must be redressed, as must the culture of impunity.  International criminal proceedings could play the role of the healer.  It was imperative that all parties to a conflict insure that humanitarian assistance not be impeded.  Those violating humanitarian norms should be made accountable.  He then stressed that a protective neutralized zone should be established by parties in all areas of conflict.

FRANÇOIS LONSENY FALL (Guinea) attached special importance to the issue of the protection of civilians in armed conflict, as his country belonged to a subregion which was subject to conflict.  In the Millennium Declaration, the United Nations pledged to strengthen the protection of civilians in armed conflict.  He supported ongoing steps to implement the recommendations of the Secretary-General to strengthen the protection of civilians in armed conflict.

The aide-memoire was the product of a long process and sought to provide guidance, he said.  It was a checklist which sought to ensure that questions related to protection of civilians in armed conflict were mainstreamed in peacekeeping operations.  Also, he stressed the importance of coordinating approaches between the United Nations, its partners and Member States.  The best way to protect civilians was to prevent conflicts in the first place. 

STEFAN TAFROV (Bulgaria) said that today’s debate was one link in a chain of activities in the United Nations system devoted to the important issue of the protection of civilians in armed conflict.  The aide-memoire to be adopted was an extremely useful tool for the Council’s work.  Among the important aspects of the aide-memoire were the access of humanitarian assistance to vulnerable sectors of the population, the special protection given to women and children and the role of the media.  It was clear that the measures planned needed to be adapted to the specific conditions of the areas in crisis.  They must be financed adequately and due attention must be given to reintegration of children involved in conflict. 

As for the road map, which he was eagerly awaiting, he hoped that it would be consistent with the aide-memoire and that there would be concrete measures for its implementation.  He attached importance to the training of personnel for peacekeeping missions, which could be reflected in the future updating of the aide-memoire.  It was important that the United Nations coordinated efforts in the field with non-governmental organizations, which played an important role in protecting civilians in armed conflict.  He hoped their role would be taken into account in United Nations activities.  

MIKHAIL WEHBE (Syria) said the question was one of the most important issues before the Council.  It was part and parcel of international humanitarian law in situations of armed conflict.  He fully appreciated the aide-memoire, which he called a road map for the future. 

Today’s discussion complemented previous debates of the Council, he noted.  Wars had already had a high toll among civilians, some 5 million in the past decade.  The Secretary-General had presented a number of reports to shed light on the dilemma of victims, and the Council was responsible for convincing Member States to ensure protection of civilians.  Increased cooperation and coordination among the relevant actors was essential.  More than 50 years had elapsed since the Fourth Geneva Convention relevant to the protection of civilians in times of war had been adopted, but many of its provisions were not implemented.  Millions of civilians had been killed with no justification and calls for action had not prevented it.  A collective effort must be made to address the crux of the matter. 

He cited the situation in the Middle East.  The Palestinian people were suffering and the forces of the Israeli occupation had killed over 1,000 in the past months alone.  What had the Council done to address that problem? he asked.  Even after the adoption of the recent Council resolution, the Israeli leader had ordered further actions.  Did international humanitarian law cease to prevail when the subjects were Palestinian citizens and Arabs? he asked. 

He added that he supported safe access of humanitarian aid to civilians and stressed the need to adhere to the United Nations Charter and international instruments.

ADOLFO AGUILAR ZINSER (Mexico) said the issue before the Council was of fundamental importance.  Protection of civilians must be the goal of all international action related to peace and security.  Peace operations and measures that must be taken to prevent conflict should have as a central focus civilian protection. 

He recognized the efforts of the Secretariat in preparing the aide-memoire, which had been produced in close cooperation with Member States.  He hoped the work would be ongoing, not an isolated effort.  He was in favour of cooperation between the relevant actors.  The aide-memoire would help in that regard and also would promote transparency.  He stressed the need to address each conflict on a case-by-case basis.  The aide-memoire should be updated in the light of acquired experience.  He proposed the need for specific time periods and mechanisms to do that. 

He asked how the instrument was to be incorporated in the work of the Council and other relevant bodies and actors, such as UNICEF.  He then emphasized the importance of establishing a code of conduct for all United Nations personnel working in the field of protection of civilians in armed conflict. 

SERGEY KAREV (Russian Federation) said that the problem of protecting civilians in armed conflict remained one of today’s most burning issues.  Council resolutions 1265 and 1296 had established a solid basis for the Council’s work in that regard.  The international community had elaborated an excellent basis for the protection of civilians with, among other things, the Geneva Conventions and its accompanying protocols.  Many of the victims of armed conflict were women, children and the elderly.  He supported the idea of strengthening cooperation and coordination between the Council and the International Committee of the Red Cross (ICRC) as well as other relevant actors.  He emphasized that in all circumstances the protection of civilians lay with the parties to the conflict.  He hoped the aide-memoire would be of valuable assistance to the drafting of peacekeeping mandates.

MAHOUVE SAME CATHERINE (Cameroon) said that humanitarian suffering due to armed conflict required robust action on the part of governments and the Council to implement the integrated recommendations contained in the reports of the Secretary-General on the protection of civilians in armed conflict.  The types of conflicts had changed over the decades.  New mechanisms and strategies therefore, as well as the establishment of a culture of protection, were required to address the new situation.

Regarding penal justice, she welcomed the progress made last year in setting up ad litem judges for the former Yugoslavia and Rwanda Tribunals and in creating a tribunal for Sierra Leone.  On access to civilians, she welcomed the initiative by the Secretary-General, in his report, with regard to a manual for criteria for engagement, as well as commitments by humanitarian actors.  The separation of civilians from armed elements remained a critical problem and must be resolved.

On the media, she noted that the Council had provided for action to be taken against those who incited hatred, crime or genocide.  In that regard, she encouraged a supervision mechanism.  She also encouraged the Council to keep up its momentum in the pursuit of the protection of vulnerable groups, such as women and children. 

OLE PETER KOLBY (Norway), Council President, speaking in his national capacity, said protection of civilians was at the core of the Council’s work for peace and security.  The specific examples provided in the briefing of areas where protection of civilians was a highly relevant concern demonstrated the relevance of the aide-memoire that the Council was about to adopt. 

It was worth noting the considerable precedence for addressing concerns related to protection of civilians represented by nearly 40 references to previous Council resolutions and presidential statements referred to in the aide-memoire.  That proved the relevance of the issue and the Council’s commitment to addressing those concerns.  The situations cited clearly showed that the Council must do better.  While the aide-memoire was a powerful and practical tool, the job was far from finished.  Like any other tool, it was only useful to the extent that it was being utilized to solve particular tasks.

Mr. OSHIMA then responded to delegations questions and comments.  He was very pleased with the fact that the aide-memoire had been positively received and looked forward to working closely with the Council, including on updates and revisions of the document.  He would keep the members informed about new developments where it might be necessary for the Council to be involved.  He also appreciated the support voiced for the closer cooperation between the Peacekeeping Department and OCHA. 

He said he would welcome the opportunity to participate in briefings of the Peacekeeping Department.  He also welcomed the suggestion to carry out a review of all peacekeeping operations in the context of the aide-memoire and in the spirit of cooperation would discuss the matter further with the Under-Secretary-General for Peacekeeping.

On the allegations made in West Africa, he said exact execution of the overall guidelines provided by the Secretary-General had been undertaken.  As he had said, the OIOS had already launched his investigation and the results would be made public in a report to the Secretary-General.  Preventive measures must also be looked into.  He had asked the inter-agency standing committee to establish a task force to address the issues involved.  They would hopefully come up with recommendations by early April.  He would also ask the task force to elaborate a code of conduct for all humanitarian professionals.  He said the policy of zero tolerance was applicable anywhere in the world.  At a later stage, the standing committee would assess the underlying causes of such problems. 

The OCHA was engaged in an exercise that would hopefully permit it to develop guidelines to use in negotiations to gain access to civilians in need.  An inter-agency process based on best practices had been initiated.  He said he shared the concerns expressed by the representative of Syria that the Geneva Conventions and other international standards must be better observed.  In that regard, he commended the efforts of the ICRC.  He hoped that the Council would continue and, where necessary, step up its efforts to ensure compliance.  

As part of the effort to take the aide-memoire out of the Council and into the wider world, OCHA intended to hold workshops on protection of civilians and application of the aide-memoire.  This would be done in several places around the world in the coming months.

Presidential Statement

The full text of the presidential statement, which will be issued as S/PRST/2002/6, reads as follows:

“The Security Council recalls its resolutions 1265 (1999) of 17 September 1999 and 1296 (2000) of 19 April 2000 on the protection of civilians in armed conflict and the letter of 21 June 2001 from the President of the Security Council to the Secretary-General on the protection of civilians in armed conflict (S/2001/614).

“The Security Council reaffirms its concern at the hardships borne by civilians during armed conflict, and recognizes the consequent impact this has on durable peace, reconciliation and development, bearing in mind its primary responsibility under the Charter of the United Nations for the maintenance of international peace and security, and underlining the importance of taking measures aimed at conflict prevention and resolution.

“Having considered the reports of the Secretary-General of 8 September 1999 (S/1999/957) and of 30 March 2001 (S/2001/331) on the Protection of Civilians in Armed Conflict and welcoming the close cooperation with the Secretary-General in preparing the Aide Memoire attached to this statement, the Security Council adopts the Aide Memoire contained in the annex to the presidential statement as a means to facilitate its consideration of issues pertaining to protection of civilians.  The Council further emphasizes the need, when considering ways to provide for the protection of civilians in armed conflict, to proceed on a case-by-case basis, taking into account particular circumstances.

“The Security Council will review and update the contents of the Aide Memoire as appropriate, and will remain actively seized of the matter.”

ANNEX

Aide Memoire

for the consideration of issues pertaining to the protection of civilians during the Security Council’s deliberation of peacekeeping mandates  

In the letter dated 21 June 2001 from the President of the Security Council addressed to the Secretary-General (S/2001/614), the members of the Security Council welcomed the Secretary-General's report of 30 March 2001 (S/2001/331) on the protection of civilians in armed conflict, and were of the view that further advice of the Secretary-General would be useful in the Council's consideration of the issues contained in the report.

In order to facilitate due consideration, whenever appropriate, of issues pertaining to the protection of civilians in its deliberations on the establishment, change, or close of peacekeeping operations, the members of the Council suggested that an aide memoire listing those issues that are relevant in this regard be drafted in close cooperation with the Council.

This aide memoire is the result of an inter-active consultation between the Security Council and the Secretariat, and comprises the experiences of a wide range of agencies within the United Nations, including the Inter Agency Standing Committee (IASC). The document is based on the Council's previous consideration of these issues, including resolutions 1265 (1999) and 1296 (2000). It highlights primary objectives for Security

Council action, offers specific issues for consideration in meeting those objectives, as well as listing previous Security Council resolutions and presidential statements which make reference to such concerns.

Bearing in mind that each peacekeeping mandate has to be designed on a case-by-case basis, the document is not intended as a blueprint. The relevance and practicality of each issue described has to be considered and adapted to the specific conditions in each situation. As highlighted in the Secretary-General's report "No Exit Without Strategy" (S/2001/394), the Security Council should reach agreement on clear and achievable mandates for peace operations based on a common understanding of the conflict. In this respect, mobilization, from the outset, of necessary funding and adequate resources needs to be an integrated part of the Security Council's overall consideration. 

Most frequently civilians are caught in circumstances of dire need where a peacekeeping operation has not been established. Such situations may require the urgent attention by the Council. This aide memoire may therefore also provide guidance in circumstances where the Council may wish to consider action outside the scope of a peacekeeping operation. 

As a practical tool, the aide memoire is without prejudice to the provisions of Security Council resolutions and other decisions by the Council.  The document can be regularly updated to reflect the latest concerns pertaining to the protection of civilians in armed conflict, including new trends and measures to address them.

PRIMARY OBJECTIVES

ISSUES FOR CONSIDERATION

PRECENDENTS

Access to Vulnerable Populations

Facilitate safe and unimpeded access

to vulnerable populations as the fundamental prerequisite for humanitarian assistance and protection.

·         Appropriate security arrangements (e.g. role of multinational force; safe corridors; protected areas; armed escorts). 

·         Engagement in sustained dialogue with all Parties to the armed conflict.

·         Facilitate the delivery of humanitarian assistance.

·         Safety and security of humanitarian and associated personnel.

·         Compliance with obligations under relevant international humanitarian, human rights law and refugee law.

S/RES/1379(2001), OP5  SRES/1296(2000), OP8, 15  

S/RES/1286(2000), OP9 

S/RES/1314(2000), OP14 

S/RES/1264(1999), OP2  

S/RES/1265(1999), OP 4, 7 & 10 

S/RES/1270(1999), OP2 

S/RES/1272(1999), OP11 

S/RES/1279(1999), OP2, 5(a & e)

S/PRST/2000/4

Separation of Civilians and Armed Elements

Maintain the humanitarian and civilian character of camps for refugees and internally displaced persons.

·         Ensure cooperation with host State in provision of security measures, including through technical assistance and training.

·         Provision of external and internal security for camps, including screening procedures to identify armed elements, disarmament measures, assistance from international civilian police and/or military observers.

·         Regional approach to massive population displacement, including appropriate security arrangements.

·         Location of camps at a significant distance from international borders and risk zones.

·         Deployment of multi-disciplinary assessment and security evaluation teams.   

S/RES/1296(2000), OP12, 14 

S/RES/1286(2000), OP12 

S/RES/1279(1999), OP9 

S/RES/1270(1999), OP 19

S/RES/1244(1999), OP9, 18

S/RES/1208(1998), OP4 –12

Justice and Reconciliation

1. Put an end to impunity for those responsible for serious violations of international humanitarian, human rights and criminal law.

·         Establishment and use of effective arrangements for investigating and prosecuting serious violations of humanitarian and criminal law, at the local and/or international level (from the outset of the operation).

·         Cooperation of States for the apprehension and surrender of alleged perpetrators.

·         Technical assistance to strengthen local capacities for apprehension, investigation, and prosecution of alleged perpetrators.

S/RES/1379(2001), OP9a 

S/RES/1327(2000), OP I

S/RES/1325(2000), OP11 

S/RES/1318(2000), OP VI 

S/RES/1315(2000), OP1-3, 8

S/RES/1314(2000), OP 2, 9 

S/RES/1261(1999), OP 3 S/RES/1265(1999), OP4, 6  S/RES/1270(1999), OP17

S/RES/1272(1999), OP16

·         Exclude genocide, crimes against humanity and war crimes from amnesty provisions.

·         Referral of situations, where possible and appropriate, to international tribunals.

S/RES/955(1994), OP1, 2

S/RES/827(1993), OP1-4

2. Build confidence and enhance stability within the host State by promoting truth and reconciliation.

·         Request thattroop-contributing States investigate and prosecute, when appropriate, their peacekeepers and security personnel suspected of violating criminal law while in a host State.

·         Locally adapted arrangements for truth and reconciliation (technical assistance; funding; amnesties for lower level perpetrators).

·         Measures for restitution and reparations (trust funds; property commissions).

Security, Law and Order

Strengthen the capacity of local police and judicial systems to enforce law and order.

·         Deployment of international civilian police to assist host State with law enforcement.

·         Technical assistance for local police, judiciary and penitentiaries (mentoring; legislative drafting; integration of international personnel).

·         Reconstruction and rehabilitation of institutional infrastructure (salaries; buildings; communications).

·         Mechanisms for monitoring and reporting of alleged violations of humanitarian, human rights and criminal law.

S/RES/1378(2001), OP 4, 5

S/RES/1272(1999), OP 2,

3a & c, 13

S/RES/1270(1999), OP14, 23

S/RES/1244(1999), OP11i-j

Disarmament, Demobilization, Reintegration and Rehabilitation

Facilitate the stabilization and rehabilitation of communities. 

·         Programs for disarmament and demobilization of combatants (weapons buy-back; economic and development incentives).

·         Programs for reintegration and rehabilitation of ex-combatants within their communities (community service; counseling services; education/training; family reunification, employment opportunities).

·         Encourage full participation of armed groups in disarmament, demobilization, reintegration and rehabilitation programs.

S/RES/1379(2001), OP8e

S/RES/1376(2001), OP12

S/RES/1366(2001), OP 16   

S/RES/1296(2000), OP 16  S/RES/1270(1999), OP 3, 4,

8b & c, 20 

S/RES/1265(1999), OP12

S/PRST/2000/10

S/PRST/1999/28

Small Arms and Mine Action

Facilitate a secure environment for vulnerable populations and humanitarian personnel.

·         Mine-action (coordination centers, land-mine clearance; mine awareness training; victim assistance).

·         Measures to control and reduce the illicit traffic in small arms and light weapons (voluntary moratoria; arms embargoes; regional and sub regional approaches).

S/RES/1318(2000), OP VI

S/RES/1296(2000), OP 20, 21

S/RES/1286(2000), OP12

S/RES/1265(1999), OP17

S/RES/1261(999), OP14, 17

S/PRST/1999/28

Training of Security and Peacekeeping Forces

Ensure adequate sensitization of multinational forces to issues pertaining to the protection of civilians.

·         Appropriate training in humanitarian and human rights law, civil-military coordination, negotiation and communication skills, gender and culture sensitization, and the prevention of HIV/AIDS and other communicable diseases.

S/RES/1379(2001), OP10b

S/RES/1325(2000), OP6

S/RES/1318(2000), VI

S/RES/1308(2000), OP 3

S/RES/1296(2000), OP19                                         

S/RES/1279(1999), OP4

S/RES/1270(1999), OP15

S/RES/1265(1999), OP14

Effects on Women

Address the specific needs of women for assistance and protection.

·         Special measures to protect women and girls from gender based discrimination, violence, rape and other forms of sexual abuse (access to legal redress, crisis centers, shelters, counseling and other assistance programs; monitoring and reporting mechanisms).

·         Effective measures to disarm, demobilize, reintegrate and rehabilitate women and girl soldiers.

·         Mainstreaming of gender perspective, including by Integration of gender advisers in peace operations.

·         Expand the role and contribution of women in United Nations field-based operations (among military observers, civilian police, humanitarian and human rights personnel).

·         Increased participation of women at all decision-making levels (organization and management of refugee and IDP camps; design and distribution of assistance; rehabilitation policies).

S/RES/1325(2000), OP 1, 4, 5, 8a, 10, 13, 15 

S/RES/1314(2000), OP 13, 16e

S/RES/1296(2000), OP 9, 10

S/PRST/2001/31

Effects on Children

Address the specific needs of children for assistance and protection.

·         Prevent the recruitment of child soldiers in violation of international law.

·         Effective measures to disarm, demobilize, reintegrate and rehabilitate child soldiers.

·         Initiatives, where appropriate, to secure access to war-affected children including, days of immunization, temporary ceasefires and days of tranquility.

·         Negotiated release of children abducted in situations of armed conflict.

·         Specific provisions for the protection of children, including where appropriate, the integration of child protection advisers in peace operations.

·         Family reunification of displaced children.

·         Provide refugees and internally displaced persons, in particular children, vulnerable to exploitation and abuse with a secure channel for raising complaints and requiring camp leaders to report such abuses, including by staff.

·         Monitoring and reporting on the situation of children.             

S/RES/1379(2001), OP2, 4, 8e, 10c 

S/RES/1314 (2000), OP 11, 12,

16, 17  

S/RES/1296(2000), OP 9, 10

S/RES/1270(1999), OP18, 20

S/RES/1261(1999), OP 2, 3, 8,13, 15, 17a

S/PRST/1998/18

Safety and Security of Humanitarian and Associated Personnel

Ensure the safety and security of humanitarian, United Nations and associated personnel.

·         Urge all parties to the conflict to respect the impartiality and neutrality of humanitarian operations.

·         Ensure a safe and secure environment for humanitarian personnel.

S/RES/1378(2001) OP 2, 5

S/RES/1319(2000), OP 3

S/RES/1296(2000), OP12

S/RES/1270(1999), OP13, 14

S/RES/1265(1999), OP 9

S/PRST/2000/4   

Media and Information

1. Counter occurrences of speech used to incite violence.  

·         Establishment of media monitoring mechanisms to ensure effective monitoring, reporting and documenting of any incidents, origins and contents that incite "hate media".

·         Steps in response to media broadcasts inciting genocide, crimes against humanity, and serious violations of international humanitarian law, including, as a last resort, consideration of closing down such media broadcasts. 

S/RES/1296(2000), OP17, 18

S/RES/1272(1999), OP 1

S/RES/1353(2001), Annex I, B – OP 10, 11

2. Promote and support accurate management of information on the conflict.

·         Technical assistance to draft and enforce anti-hate speech legislation.

·         Establish media coordination centers to facilitate accurate and reliable information management on, and awareness of the conflict.

·         Establish and assist local and international media and information outlets, in support of peace operations.

Natural Resources and Armed Conflict

Address the impact of natural resource exploitation on the protection of civilians.

·         Linkages between illicit trade in natural resources and the conduct of the conflict.

·         Address the direct or indirect import of natural resources where proceeds are used to fuel conflict.

·         Urge Member States and regional organizations to consider measures against corporate actors, individuals and entities involved in illicit trafficking in violation of relevant Security Council resolutions and the Charter of the United Nations (legislation; penalties for dealers; certification and registration systems; embargoes).

S/RES/1379(2001), OP6

S/RES/1376(2001), OP8 

S/RES/1318(2000), OPVI

S/RES/1314(2000), OP8

S/RES/1306(2000) OP1, 2, 9,19a

Humanitarian Impact of Sanctions

Minimize unintended adverse side effects of sanctions on the civilian population.

·         Humanitarian exemptions in sanction regimes.

·         Targeted sanctions (sanctions limited in scope and targeted at specific individuals, groups, or activities).

·         Relevant assessment and review of humanitarian impact of sanctions, and the behaviour of those targeted by the sanctions. 

S/RES/1379(2001), OP7 S/RES/1343(2001) 5,6,7,9,10,13a

S/RES/1333(2000), 5, 7,8, 10, 11,12,14,15d & 23

S/RES/1325(2000), OP14

S/RES/1314(2000), OP15 S/RES/1298(2000) OP16

S/RES/1267(1999) OP4

S/RES/1265(1999), OP16

S/PRST/1999/28

*Resolution Index:

S/RES/1379(2001) on Children and Armed Conflict

S/RES/1378(2001) on the Situation in Afghanistan

S/RES/1376(2001) on the Situation in the Democratic Republic of the Congo

S/RES/1366(2001) on the Role of the Security Council in the Prevention of Armed Conflicts

S/RES/1353(2001) on the on the Strengthening Co-operation with Troop-contributing Countries

S/RES/1343(2001) on the Situation in Liberia

S/RES/1333(2000) on the Situation in Afghanistan

S/RES/1327(2000) on the Implementation of the Report on the Panel on UN Peace Operations

S/RES/1325(2000) on Women, Peace and Security

S/RES/1319(2000) on the Situation in East Timor

S/RES/1318(2000) on Ensuring an Effective Role for the Security Council in the Maintenance of International Peace and Security, particularly in Africa

S/RES/1315(2000) on the Situation in Sierra Leone

S/RES/1314(2000) on Children and Armed Conflict

S/RES/1308(2000) on the Responsibility of the Security Council in the Maintenance of International Peace and Security:  HIV/AIDS and International Peace-keeping Operations

S/RES/1306(2000) on the Situation in Sierra Leone

S/RES/1298(2000) on the Situation in Eritrea and Ethiopia

S/RES/1296(2000) on the Protection of Civilians in Armed Conflict

S/RES/1286(2000) on the Situation in Burundi

S/RES/1279(1999) on the Situation in the Democratic Republic of the Congo

S/RES/1272(1999) on the Situation in East Timor

S/RES/1270(1999) on the Situation in Sierra Leone

S/RES/1267(1999) on the Situation in Afghanistan

S/RES/1265(1999) on the Protection of Civilians in Armed Conflict

S/RES/1264(1999) on the Situation in East Timor

S/RES/1261(1999) on the Children and Armed Conflict

S/RES/1244(1999) on the Situation in Kosovo

S/RES/1208(1998) on the Situation in Africa: Refugee Camps

S/RES/955(1994) on the Establishment of an International Criminal Tribunal for Rwanda

S/RES/827(1993) on the Establishment of an International Criminal Tribunal for the former Yugoslavia

S/RES/824(1993) on the Situation in Bosnia and Herzegovina

S/PRST/2001/31 on Women and Peace and Security

S/PRST/1999/28 on Small Arms

S/PRST/1998/18 on Children and Armed Conflict

S/PRST/2001/16 on the Responsibility of the Security Council in the Maintenance of International Peace and Security: HIV/AIDS and International Peace-keeping Operations

S/PRST/2000/10 on the Maintenance of Peace and Security and Post-conflict Peace-building

S/PRST/2000/4 on the Protection of United Nations Personnel, Associated personnel and Humanitarian Personnel in Conflict Zones

**The Security Council also recognized the relevance of GA/RES/55/2(2000) and GA/RES/46/182(1991) in the broader context of protection of civilians and the root causes of conflicts.

* *** *

For information media. Not an official record.